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Ohio Laws and Rules
(A) Pursuant to paragraph (B) of section 3302.04 of the Revised Code, any district that has failed to make adequate yearly progress for two consecutive years and/or that has a building within it that has failed to make adequate yearly progress for two consecutive years shall develop and implement a three-year continuous improvement plan, which shall be submitted upon request to the department of education within ninety days of notification of the designation.
(B) The three-year continuous improvement plan shall contain each of the requirements outlined in paragraph (B) of section 3302.04 of the Revised Code.
(C) The district board shall adopt the continuous improvement plan within ninety days of notification of the designation and subsequent to conducting at least one public hearing in accordance with paragraph (B) of section 3302.04 of the Revised Code.
(D) The department of education may require modifications to any continuous improvement plan that does not meet the requirements specified in paragraph (B) of this rule. Modifications shall be made within forty-five days of notification. Districts may, at any time, modify their plans and submit those modifications to the department.
(E) Any district that develops and implements a continuous improvement plan shall continue to implement the plan developed unless the district and/or building has met adequate yearly progress for two consecutive years.
(F) Districts shall make copies of the continuous improvement plan available to the public.
(G) The boards of districts that are required to implement continuous improvement plans shall establish a timeline and a process for implementing and evaluating its continuous improvement plan.
(H) Annually, for any school building that fails to make adequate yearly progress for at least two consecutive years, the district shall provide written notification of the following to the parent or guardian of each student enrolled in the building, in the home language of the parent or guardian to the extent practicable:
(1) The academic issues that resulted in the building’s failure to make adequate yearly progress.
(2) The actions being taken by the district or building to improve the academic performance of the building.
(3) Any progress achieved toward that goal in the immediately preceding school year.
(4) Any applicable parent options related to school choice or supplemental educational services, including those required by paragraphs (E)(1) or (E)(2) of section 3302.04 of the Revised Code.
(I) Annually, any school district that fails to make adequate yearly progress for two or more consecutive years shall provide written notification of the following to the parent or guardian of each student enrolled in the district, in the home language of the parent or guardian to the extent practicable:
(1) The academic issues that resulted in the district’s failure to make adequate yearly progress.
(2) The actions being taken to improve the academic performance of the district.
(3) Any progress achieved toward that goal in the immediately preceding school year.
(J) Districts with school buildings that are required to offer the opportunity to enroll in an alternative building within the district consistent with paragraph (E)(1) of section 3302.04 of the Revised Code, for which there are no opportunities for enrollment or for which there are an inadequate number of placements in an alternative building to meet the demand for alternative placements, must offer students in the building that has failed to make adequate yearly progress for two consecutive years the opportunity for supplemental educational services with eligibility for services consistent with the requirements of paragraph (E)(2)(b) of section 3302.04 of the Revised Code.
(K) For any school building that fails to make adequate yearly progress for four consecutive years, the district shall continue to comply with paragraph (E)(2) of section 3302.04 of the Revised Code and shall revise the three-year continuous improvement plan developed pursuant to paragraph (B) of section 3302.04 of the Revised Code to include at least one of the options outlined in paragraph (E)(3) of section 3302.04 of the Revised Code.
(L) For any school building that fails to make adequate yearly progress for five consecutive years, the district shall:
(1) Continue to comply with paragraphs (E)(2) and (E)(3) of section 3302.04 of the Revised Code.
(2) Develop a plan during the following school year to improve the academic performance of the building, which shall include at least one of the options listed in paragraph (E)(4) of section 3302.04 of the Revised Code.
(3) The option described in paragraph (E)(4)(d) of section 3302.04 of the Revised Code shall only be considered after:
(a) All other options in paragraph (E)(4) of Section 3302.04 of the Revised Code are fully implemented and determined to be ineffective.
(b) The department, having considered department of education resources, determines this option to have a high probability of success.
(c) The department and district board reach agreement about the conditions under which the department will assume operation of the building.
(M) For any district that fails to make adequate yearly progress for four consecutive years, the department shall take at least one of the corrective actions outlined in paragraph (F)(3) of section 3302.04 of the Revised Code. The department shall confer with such district to determine the most appropriate action(s) to take. Consideration will be given to:
(1) The number and percent of buildings in any school improvement status.
(2) The reason(s) that caused the district to miss adequate yearly progress.
(3) The strategies already planned or implemented by the district that are designed to improve student achievement.
(4) The evidence that previously implemented strategies are resulting in improvements in student achievement, including the rate of such improvement.
(5) The intensity, quality of implementation, and commitment to the improvement efforts to date, including, but not limited to, the time and effort devoted to improvement, and the resources and capacity of staff assigned to implement improvement efforts.
(6) The strategies that are deemed most appropriate and necessary based on assessment of the district’s financial and personnel capacity.
(7) The identification of persons who present or have presented barriers to the successful implementation of any current or future reform strategies.
(N) For any district that fails to make adequate yearly progress for six consecutive years, the department shall take at least one of the corrective actions outlined in paragraph (F)(3) of section 3302.04 of the Revised Code, provided that the corrective action the department takes is different from the corrective action previously taken under paragraph (F)(3) of section 3302.04 of the Revised Code with respect to the district.
The department shall confer with such district to determine the most appropriate action(s) to take and will consider those factors identified in paragraph (M) of this rule.
(O) The superintendent of public instruction may convene a team to provide technical support to any academic watch or emergency district or building.
(P) The superintendent of public instruction may direct a site evaluation of any academic watch or academic emergency district or building. The site evaluation for academic watch and academic emergency districts will be designed to review conditions in the district and/or schools as well as to document the implementation of the continuous improvement plan.
(Q) If the department determines that a district has failed to comply with section 3302.04 of the Revised Code, the department may withhold up to ten percent of all federal Title I funds allocated to the district and up to five percent of the district’s annual SF-3 foundation payment as defined in division (A)(10) of section 3314.08 of the Revised Code. The funds will be withheld starting from the date the department makes the determination that the district has failed to comply and continue until the district demonstrates that it is fully compliant. Funds may be withheld through the end of the current fiscal year or six months, whichever is longer. If the district fails to comply within that period of time, the federal Title I funds that were withheld will be redistributed to other districts as allowed under state and federal law, regulation, and rule. The withholdings will continue each year until the district demonstrates full compliance.
(R) The state superintendent may require that districts, buildings, and community schools provide data and other documentation related to the implementation of the requirements of section 3302.04 of the Revised Code, including, but not limited to, parent notifications and communications.
HISTORY: Replaces former 3301-56-01 (as eff. 6-24-99) eff. 5-28-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07; 3302.04
Rule amplifies: RC 3302.01; 3302.03 and 3302.04
RC 119.032 Review Date: 5-28-09