Chapter 3301. DEPARTMENT OF EDUCATION
| (A) |
There is
hereby created the state board of education consisting of nineteen members with
eleven elected members, one each to be elected in accordance with section
3301.03 of the Revised Code from
each of the districts established in accordance with division (B) of this
section, and with eight members to be appointed by the governor with the advice
and consent of the senate. In addition to the nineteen elected or appointed
members, the chairperson of the committee of the senate that primarily deals
with education and the chairperson of the committee of the house of
representatives that primarily deals with education shall be nonvoting ex
officio members of the board. |
| (B) |
| (1) |
The territory of each state board of
education district for each elected voting member of the board shall consist of
the territory of three contiguous senate districts as established in the most
recent apportionment for members of the general assembly, but the territory of
no senate district shall be part of the territory of more than one state board
of education district. Each state board of education district shall be as
compact as practicable. The districts shall include, when practicable, some
districts that primarily consist of territory in rural areas and some districts
that primarily consist of territory in urban areas. |
| (2) |
If, after the apportionment for members of the
general assembly is made in any year, the general assembly does not during that
year enact legislation establishing state board of education districts in
accordance with division (B)(1) of this section, the governor shall designate
the boundaries of the districts in accordance with division (B)(1) of this
section no later than the thirty-first day of January of the year next
succeeding such apportionment. Upon making such designation, the governor shall
give written notice of the boundaries of the districts to each member of the
state board of education, including the nonvoting ex officio members; the
superintendent of public instruction; the president of the senate; the speaker
of the house of representatives; and the board of elections of each county in
each new district. On the first day of February in any year in which the
governor designates the boundaries of state board of education districts under
this section, the state board of education districts as they existed prior to
that date shall cease to exist and the new districts shall be created.
|
|
Effective Date:
10-05-2000.
As used in Title XXXIII of the Revised Code, "total student
count" for any school district means the average number of students enrolled
during the first full school week of October in a school district in grades
kindergarten through twelve, including students with dual enrollment in a joint
vocational or cooperative education district that week, and the total number of
students enrolled in units for preschool children with disabilities on the
first day of December in the district.
Effective Date:
09-28-1999; 2007
HB119 09-29-2007
.
As used in Chapters 3301. to 3329. and Chapter 3365. of the
Revised Code, "computer science" means logical reasoning, computing systems,
networks and the internet, data and analysis, algorithms and programming,
impacts of computing, and structured problem solving skills applicable in many
contexts from science and engineering to the humanities and
business.
Added by
132nd General Assembly File No. TBD, HB 170, §1,
eff.
3/23/2018.
| (A) |
Elected
voting members of the state board of education shall be elected as required by
expiration of respective terms, each for a term of four years or until a
successor is elected and qualified. One elected member shall be elected from
each district respectively in which the term of office of a board member
expires on the first day of January following the election. The term of office
of each member so elected shall begin on the first day of January immediately
following this election. |
| (B) |
At
any time the boundaries of state board of education districts are changed under
division (B) of section
3301.01 of the Revised Code, a
member of the state board whose term will not expire within two years of the
time the change in boundaries is made shall represent, for the remainder of the
term for which the member was elected, the state board district containing the
largest portion of the population of the district from which the member was
elected. If more than one member whose term will not so expire would represent
the same district under the provisions of this section, either the general
assembly, if the general assembly enacted legislation establishing those
districts under division (B)(2) of section
3301.01 of the Revised Code, or
the governor, if the governor designated the boundaries of the districts under
that division, shall designate which member shall represent each district for
the balance of the members' terms. |
| (C) |
Appointed voting members of the board shall serve
four-year terms beginning the first day of January and ending on the
thirty-first day of December. Except as provided in division (D) of this
section, members may be reappointed. |
| (D) |
No person, elected or appointed, shall hold the
office of member of the state board of education for a period of longer than
two successive terms of four years. Terms shall be considered successive unless
separated by a period of four or more years. Only terms beginning on or after
January 1, 1996, shall be considered in determining an individual's eligibility
to hold office. |
Effective Date:
03-18-2002.
Effective Date:
05-19-1992.
Each elected voting
member of the state board of education shall be a qualified elector residing in
the territory composing the district from which the member is elected, and
shall be nominated and elected to office as provided by Title XXXV of the
Revised Code. Each appointed voting member of the board shall be a qualified
elector residing in the state. At least four of the appointed voting members
shall represent rural school districts in the state, as evidenced by the
member's current place of residence and at least one of the following:
| (A) |
The member's children attend, or at one time
attended, school in a rural district; |
| (B) |
The member's past or present occupation is
associated with rural areas of the state; |
| (C) |
The member possesses other credentials or
experience demonstrating knowledge and familiarity with rural school districts. No elected or
appointed voting member of the board shall, during the member's term of office,
hold any other office of trust or profit or be an employee or officer
of any public or private elementary or secondary school. Before entering on the
duties of office, each elected and appointed voting member shall subscribe to
the official oath of office. Each voting member
of the state board of education shall be paid a salary fixed pursuant to
division (J) of section 124.15 of the Revised Code, together with the member's
actual and necessary expenses incurred while engaged in the performance of the
member's official duties or in the conduct of authorized board business, and
while en route to and from the member's home for such
purposes.
|
| (D) |
As used in this section
only, "office of trust or profit" means:
| (1) |
A federal or state
elective office or an elected office of a political subdivision of the
state; |
| (2) |
A position on a board or
commission of the state that is appointed by the governor; |
| (3) |
An office set forth in
section 121.03, 121.04, or 121.05 of the Revised Code; |
| (4) |
An office of the
government of the United States that is appointed by the president of the
United States. |
|
Amended by
130th General Assembly File No. TBD, HB 483, §101.01, eff.
9/15/2014.
Effective Date: 10-05-2000
.
Effective Date:
05-19-1992.
Between the first
and thirty-first day of January of each odd-numbered year, the state board of
education shall hold an organization meeting at which time it shall adopt rules
of procedure, elect a president and a vice-president each of whom shall serve
for two years or until the president's or vice-president's successor is elected
and qualified, and transact such business as the board deems advisable.
The state board of
education shall adopt, by the thirty-first
day of March each year, a calendar indicating the dates on which the board will
hold its regular meetings for the following fiscal year. The board may hold
special meetings on dates not indicated on the adopted calendar at such
times as they may be called as provided in this section. Special meetings of
the board may be called by the president, and, upon written request signed by
at least a majority of the members, the president shall call a special meeting
of the board. The president, or the president's
designee, shall give notice through the superintendent of public
instruction to each
member of the board at least ten days prior to the time of any special meeting.
The notice may be delivered by regular mail or by
electronic means. The state board of education shall hold its meetings
anywhere in Ohio designated by the board.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Effective Date: 10-05-2000
.
The state board of
education shall make available via the internet an audio recording of each
regular and special business meeting of the state board conducted on or after
the effective date of this section. The state board shall make the audio
recording available not later than five business days after the conclusion of
each such meeting. The state board shall not make available audio recordings of
executive sessions conducted in accordance with division (G) of section
121.22 of the Revised Code.
The state board may contract or consult with the Ohio
government telecommunications service, and the Ohio government
telecommunications service may provide technical assistance, in implementing
and complying with this section.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
A majority of the voting members of the state board of
education shall constitute a quorum for the transaction of business. Official
actions of the state board, including the making and adoption of motions and
resolutions, shall be transacted only at public meetings open to the public.
The superintendent of public instruction, or a subordinate designated by him,
shall record all official actions taken at each meeting of the board in a book
provided for that purpose, which shall be a public record. The record of the
proceedings of each meeting of the board shall be read at its next succeeding
meeting and corrected and approved, which approval shall be noted in the
proceedings. The president shall sign the record and the superintendent of
public instruction or his subordinate attest it.
Effective Date:
05-19-1992.
A vacancy in the state board of education may be caused by
death, nonresidence, resignation, removal from office, failure of a person
elected to qualify within ten days after the organization of the board or of
the person's election, removal from the district of election or from residence
in the state, or absence from any two consecutive regular meetings of the board
if such absence is caused by reasons declared insufficient by a vote of twelve
members of the board. When a vacancy occurs in the office of an elected member,
the governor shall, within a period of thirty days and with the advice and
consent of the senate, appoint a qualified person residing in the district in
which the vacancy occurred to fill the vacancy until the next general election
at which members of the state board of education are elected, at which time a
qualified elector residing in the district in which the vacancy occurred shall
be elected for the unexpired term. Such member shall assume office at the next
succeeding meeting of the board. When a vacancy occurs in the office of an
appointed member, the governor shall, within a period of thirty days and with
the advice and consent of the senate, appoint a qualified person to serve the
remainder of the term.
Effective Date:
10-05-2000.
The state board of
education shall exercise under the acts of the general assembly general
supervision of the system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions of law, the
board shall have the powers described in this section.
| (A) |
The
state board shall exercise policy forming, planning, and evaluative functions
for the public schools of the state except as otherwise provided by
law. |
| (B) |
| (1) |
The
state board shall exercise leadership in the improvement of public education in
this state, and administer the educational policies of this state relating to
public schools, and relating to instruction and instructional material,
building and equipment, transportation of pupils, administrative
responsibilities of school officials and personnel, and finance and
organization of school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be provided by the
board to school districts and educational service centers of this
state. |
| (2) |
The
state board also shall develop a standard of financial reporting which shall be
used by each school district board of education and each governing board of an
educational service center, each governing authority of a community school
established under Chapter 3314., each governing body of a STEM school
established under Chapter 3328., and each board of trustees of a
college-preparatory boarding school established under Chapter 3328. of the
Revised Code to make its financial information and annual budgets for each
school building under its control available to the public in a format
understandable by the average citizen. The format shall show, both at the
district and at the school building level, revenue by source; expenditures for
salaries, wages, and benefits of employees, showing such amounts separately for
classroom teachers, other employees required to hold licenses issued pursuant
to sections
3319.22
to
3319.31
of the Revised Code, and all other employees; expenditures other than for
personnel, by category, including utilities, textbooks and other educational
materials, equipment, permanent improvements, pupil transportation,
extracurricular athletics, and other extracurricular activities; and per pupil
expenditures. The format shall also include information on total revenue and
expenditures, per pupil revenue, and expenditures for both classroom and
nonclassroom purposes, as defined by the standards adopted under section
3302.20
of the Revised Code in the aggregate and for each subgroup of students, as
defined by section
3317.40
of the Revised Code, that receives services provided for by state or federal
funding. |
| (3) |
Each
school district board, governing authority, governing body, or board of
trustees, or its respective designee, shall annually report, to the department
of education, all financial information required by the standards for financial
reporting, as prescribed by division (B)(2) of this section and adopted by the
state board. The department shall make all reports submitted pursuant to this
division available in such a way that allows for comparison between financial
information included in these reports and financial information included in
reports produced prior to July 1, 2013. The department shall post these reports
in a prominent location on its web site and shall notify each school when
reports are made available. |
|
| (C) |
The
state board shall administer and supervise the allocation and distribution of
all state and federal funds for public school education under the provisions of
law, and may prescribe such systems of accounting as are necessary and proper
to this function. It may require county auditors and treasurers, boards of
education, educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or other public
officers or employees, to file with it such reports as it may prescribe
relating to such funds, or to the management and condition of such
funds. |
| (D) |
| (1) |
Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, XLVII, and LI of the
Revised Code a reference is made to standards prescribed under this section or
division (D) of this section, that reference shall be construed to refer to the
standards prescribed under division (D)(2) of this section, unless the context
specifically indicates a different meaning or intent. |
| (2) |
The
state board shall formulate and prescribe minimum standards to be applied to
all elementary and secondary schools in this state for the purpose of providing
children access to a general education of high quality according to the
learning needs of each individual, including students with disabilities,
economically disadvantaged students, English learners, and students identified as gifted. Such
standards shall provide adequately for: the licensing of teachers,
administrators, and other professional personnel and their assignment according
to training and qualifications; efficient and effective instructional materials
and equipment, including library facilities; the proper organization,
administration, and supervision of each school, including regulations for
preparing all necessary records and reports and the preparation of a statement
of policies and objectives for each school; the provision of safe buildings,
grounds, health and sanitary facilities and services; admission of pupils, and
such requirements for their promotion from grade to grade as will assure that
they are capable and prepared for the level of study to which they are
certified; requirements for graduation; and such other factors as the board
finds necessary. The state board
shall base any standards governing the promotion of students or requirements
for graduation on the ability of students, at any grade level, to earn credits
or advance upon demonstration of mastery of knowledge and skills through
competency-based learning models. Credits of grade level advancement shall not
require a minimum number of days or hours in a classroom. The state board
shall base any standards governing the assignment of staff on ensuring each
school has a sufficient number of teachers to ensure a student has an
appropriate level of interaction to meet each student's personal learning
goals. In the formulation
and administration of such standards for nonpublic schools the board shall also
consider the particular needs, methods and objectives of those schools,
provided they do not conflict with the provision of a general education of a
high quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the educational
requirements prescribed.
|
| (3) |
In
addition to the minimum standards required by division (D)(2) of this section,
the state board may formulate and prescribe the following additional minimum
operating standards for school districts:
| (a) |
Standards for the effective and efficient organization, administration, and
supervision of each school district with a commitment to high expectations for
every student based on the learning needs of each individual, including
students with disabilities, economically disadvantaged students,
English
learners, and students identified as gifted, and
commitment to closing the achievement gap without suppressing the achievement
levels of higher achieving students so that all students achieve core knowledge
and skills in accordance with the statewide academic standards adopted under
section
3301.079
of the Revised Code; |
| (b) |
Standards for the establishment of business advisory councils under section
3313.82
of the Revised Code; |
| (c) |
Standards for school district buildings that may require the effective and
efficient organization, administration, and supervision of each school district
building with a commitment to high expectations for every student based on the
learning needs of each individual, including students with disabilities,
economically disadvantaged students, English learners, and students identified as gifted, and
commitment to closing the achievement gap without suppressing the achievement
levels of higher achieving students so that all students achieve core knowledge
and skills in accordance with the statewide academic standards adopted under
section
3301.079
of the Revised Code. |
|
|
| (E) |
The
state board may require as part of the health curriculum information developed
under section
2108.34
of the Revised Code promoting the donation of anatomical gifts pursuant to
Chapter 2108. of the Revised Code and may provide the information to high
schools, educational service centers, and joint vocational school district
boards of education; |
| (F) |
The
state board shall prepare and submit annually to the governor and the general
assembly a report on the status, needs, and major problems of the public
schools of the state, with recommendations for necessary legislative action and
a ten-year projection of the state's public and nonpublic school enrollment, by
year and by grade level. |
| (G) |
The
state board shall prepare and submit to the director of budget and management
the biennial budgetary requests of the state board of education, for its
agencies and for the public schools of the state. |
| (H) |
The
state board shall cooperate with federal, state, and local agencies concerned
with the health and welfare of children and youth of the state. |
| (I) |
The
state board shall require such reports from school districts and educational
service centers, school officers, and employees as are necessary and desirable.
The superintendents and treasurers of school districts and educational service
centers shall certify as to the accuracy of all reports required by law or
state board or state department of education rules to be submitted by the
district or educational service center and which contain information necessary
for calculation of state funding. Any superintendent who knowingly falsifies
such report shall be subject to license revocation pursuant to section
3319.31
of the Revised Code. |
| (J) |
In
accordance with Chapter 119. of the Revised Code, the state board shall adopt
procedures, standards, and guidelines for the education of children with
disabilities pursuant to Chapter 3323. of the Revised Code, including
procedures, standards, and guidelines governing programs and services operated
by county boards of developmental disabilities pursuant to section
3323.09
of the Revised Code. |
| (K) |
For the
purpose of encouraging the development of special programs of education for
academically gifted children, the state board shall employ competent persons to
analyze and publish data, promote research, advise and counsel with boards of
education, and encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out of any funds
appropriated for this purpose to boards of education and educational service
center governing boards for developing and conducting programs of education for
academically gifted children. |
| (L) |
The
state board shall require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and resource
conservation as recommended to each district board of education by leading
business persons involved in energy production and conservation, beginning in
the primary grades. |
| (M) |
The
state board shall formulate and prescribe minimum standards requiring the use
of phonics as a technique in the teaching of reading in grades kindergarten
through three. In addition, the state board shall provide in-service training
programs for teachers on the use of phonics as a technique in the teaching of
reading in grades kindergarten through three. |
| (N) |
The
state board may adopt rules necessary for carrying out any function imposed on
it by law, and may provide rules as are necessary for its government and the
government of its employees, and may delegate to the superintendent of public
instruction the management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve on temporary
committees established by the board for such purposes as are necessary.
Permanent or standing committees shall not be created. |
| (O) |
Upon
application from the board of education of a school district, the
superintendent of public instruction may issue a waiver exempting the district
from compliance with the standards adopted under divisions (B)(2) and (D) of
this section, as they relate to the operation of a school operated by the
district. The state board shall adopt standards for the approval or disapproval
of waivers under this division. The state superintendent shall consider every
application for a waiver, and shall determine whether to grant or deny a waiver
in accordance with the state board's standards. For each waiver granted, the
state superintendent shall specify the period of time during which the waiver
is in effect, which shall not exceed five years. A district board may apply to
renew a waiver. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.8, HB 30,
§1, eff.
7/1/2011.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009 and
10/16/2009.
Amended by
128th General Assemblych.9, SB 79,
§1, eff.
10/6/2009.
Effective Date:
10-11-2002; 2007 HB119 09-29-2007; 2008 HB529 04-07-2009.
| (A) |
| (1) |
In the case of nontax-supported
schools, standards for teacher certification prescribed under section
3301.07 of the Revised Code shall
provide for certification, without further educational requirements, of any
administrator, supervisor, or teacher who has attended and received a
bachelor's degree from a college or university accredited by a national or
regional association in the United States except that, at the discretion of the
state board of education, this requirement may be met by having an equivalent
degree from a foreign college or university of comparable standing. |
| (2) |
In the case of nonchartered,
nontax-supported schools, the standards for teacher certification prescribed
under section
3301.07 of the Revised Code shall
provide for certification, without further educational requirements, of any
administrator, supervisor, or teacher who has attended and received a diploma
from a "bible college" or "bible institute" described in division (E) of
section 1713.02 of the Revised
Code. |
| (3) |
A certificate issued under division (A)(3) of this
section shall be valid only for teaching foreign language, music, religion,
computer technology, or fine arts. Notwithstanding division (A)(1) of this section, the
standards for teacher certification prescribed under section
3301.07 of the Revised Code shall
provide for certification of a person as a teacher upon receipt by the state
board of an affidavit signed by the chief administrative officer of a chartered
nonpublic school seeking to employ the person, stating that the person meets
one of the following conditions:
| (a) |
The
person has specialized knowledge, skills, or expertise that qualifies the
person to provide instruction. |
| (b) |
The
person has provided to the chief administrative officer evidence of at least
three years of teaching experience in a public or nonpublic school. |
| (c) |
The
person has provided to the chief administrative officer evidence of completion
of a teacher training program named in the affidavit. |
|
|
| (B) |
Each person applying for a certificate under this
section for purposes of serving in a nonpublic school chartered by the state
board under section
3301.16 of the Revised Code shall
pay a fee in the amount established under division (A) of section
3319.51 of the Revised Code. Any
fees received under this division shall be paid into the state treasury to the
credit of the state board of education certification fund established under
division (B) of section
3319.51 of the Revised
Code. |
| (C) |
A person applying for or holding any certificate
pursuant to this section for purposes of serving in a nonpublic school
chartered by the state board is subject to sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of the Revised
Code. |
| (D) |
Divisions (B) and (C) of this section and sections
3319.291,
3319.31, and
3319.311 of the Revised Code do
not apply to any administrators, supervisors, or teachers in nonchartered,
nontax-supported schools. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 03-22-2001
.
The state board of education shall establish continuing
programs of in-service training in school district budget and finance for
superintendents of schools or their designees, business managers, members of
boards of education, and treasurers of boards of education for the purpose of
enhancing their background and working knowledge of government accounting,
state and federal laws relating to school district budgeting and financing,
financial report preparation, rules of the auditor of state, and budget and
accounting management. The manner and content of each training program shall be
determined and provided by the state board of education after consultation with
the department of taxation and the auditor of state. The state board may enter
into contracts with the department and the auditor of state to supply, at cost,
any assistance required to enable the board to perform its duties under this
section. Each superintendent or his designee, treasurer or treasurer pro
tempore, and business manager shall attend one training program provided under
this section each year.
Effective Date:
09-27-1983.
The superintendent of
public instruction shall develop a model curriculum for instruction in college
and career readiness and financial literacy. The curriculum shall focus on
grades seven through twelve, but the superintendent may include other grade
levels. When the model curriculum has been developed,
the department of education shall notify all school districts, community
schools established under Chapter 3314. of the Revised Code, and STEM schools
established under Chapter 3326. of the Revised Code of the content of the
curriculum. Any district or school may utilize the model
curriculum.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
04-30-1992.
| (A) |
The
independent contractor engaged by the department of education to create and
maintain for school districts and community schools the student data
verification codes required by division (D)(2) of section 3301.0714 of the
Revised Code, upon request of the director of any state agency that administers
a publicly funded program providing services to children who are younger than
compulsory school age, as defined in section 3321.01 of the Revised Code,
including the directors of health, job and family services,
mental health and addiction services, and
developmental disabilities, shall assign a data verification code to a child
who is receiving such services and shall provide that code to the director. The
contractor also shall provide that code to the department of
education. |
| (B) |
The director of a state agency that receives a
child's data verification code under division (A) of this section shall use
that code to submit information for that child to the department of education
in accordance with section 3301.0714 of the Revised Code. |
| (C) |
A public school that receives from the independent contractor the data
verification code for a child assigned under division (A) of this section shall
not request or assign to that child another data verification code under
division (D)(2) of section 3301.0714 of the Revised Code. That school and any
other public school in which the child subsequently enrolls shall use the data
verification code assigned under division (A) of this section to report data
relative to that student required under section 3301.0714 of the Revised
Code. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Effective Date: 03-30-2007
.
| (A) |
The
department of education annually shall report to the general assembly, in
accordance with section
101.68 of the Revised Code, for
each school district all of the following information for the previous school
year:
| (1) |
The aggregate amount spent for
teacher salaries; |
| (2) |
The aggregate
amount spent for salaries of nonteaching employees; |
| (3) |
The aggregate amount spent for health
care benefits for all employees and the percentage that amount is of the total
amount paid in employer's contributions and employees' contributions for those
benefits; |
| (4) |
The aggregate amount
spent for the employer's contributions to the state teachers retirement system
and the school employees retirement system; |
| (5) |
Whether the school district pays any part
of the employees' contributions to the state teachers retirement system or the
school employees retirement system; |
| (6) |
The number of sick days, vacation days,
and personal days provided for teachers and nonteaching employees.
|
|
| (B) |
The department
shall consult with the state employment relations board in preparing the report
required by this section. |
| (C) |
If
necessary, as determined by the department, each school district shall report
to the department data prescribed by division (A) of this section in the manner
and by the deadline specified by the department so that the department can
comply with this section. |
| (D) |
As
used in this section, "school year" has the same meaning as in section
3313.62 of the Revised Code.
|
Effective Date: 2007 HB119
09-29-2007.
A school district may
employ certificated instructional personnel for hours
outside of the normal school day for the purpose of providing extended
programming. Extended programming, as defined by rule of the state board of
education, shall be based upon learner needs and, if applicable, business and
industry validated standards and competencies and shall enhance student
learning opportunities. Extended programming shall be
subject to the requirements of sections 3313.6018 and 3313.6019 of the Revised
Code.
No rule of the state
board shall require extended programming employment of certificated
instructional personnel as a condition of eligibility for funding under any
other section of the Revised Code.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Effective Date: 11-15-1995
.
| (A) |
The
department of education shall develop a packet of high school instructional
materials on personal financial responsibility, including instructional
materials on the avoidance of credit card abuse, and shall distribute that
packet to all school districts. The board of education of any school district
may adopt part or all of the materials included in the packet for incorporation
into the district's curriculum. |
| (B) |
The department of education shall include supplemental
instructional materials on the development of handwriting as a universal skill
in the English language arts model curriculum under division (B) of section
3301.079
of the Revised Code for grades kindergarten through five. The instructional
materials shall be designed to enable students to print letters and words
legibly by grade three and create readable documents using legible cursive
handwriting by the end of grade five. The instructional materials shall be
included in the model curriculum not later than the first day of July that next
succeeds the effective date of this amendment and, thereafter, shall
periodically be updated. |
Amended by
132nd General Assembly File No. TBD, HB 58, §1,
eff. 3/20/2019.
Effective Date:
09-28-1999.
Notwithstanding anything in the Revised Code to the contrary, a student may
retake any end-of-course examination prescribed under division (B)(2) of
section 3301.0712 of the Revised Code
during the student's academic career at a time designated by the department of
education. If, for any reason, a student does not take an end-of-course
examination on the scheduled administration date, the department of education
shall make available to the student the examination for which the student was
absent, or a substantially similar examination as determined by the department,
so that the student may take the examination or a substantially similar
examination at a later time in the student's academic career. The state board
of education shall adopt rules in accordance with Chapter 119. of the Revised
Code to implement the provisions of this Section.
Added by
131st General Assembly File No. TBD, HB 7, §1,
eff. 3/16/2015.
| (A) |
Except as provided for in
divisions (B) and (C) of this section, beginning with assessments administered
on or after July 1, 2017, the board of education of each city, local, and
exempted village school district shall ensure that no student is required to do
either of the following:
| (1) |
Spend a cumulative amount
of time in excess of two per cent of the school year taking the following
assessments combined:
| (a) |
The applicable state
assessments prescribed by division (A) of section
3301.0710 and division (B)(2) of
section 3301.0712 of the Revised
Code; |
| (b) |
Any assessment required
by the district board to be administered district-wide to all students in a
specified subject area or grade level. |
|
| (2) |
Spend a cumulative amount of time in excess of one per
cent of the school year taking practice or diagnostic assessments used to
prepare for assessments described in divisions (A)(1)(a) and (b) of this
section. |
|
| (B) |
The limitations prescribed by division (A) of this
section shall not apply to assessments for students with disabilities, any
related diagnostic assessment for students who failed to attain a passing score
on the English language arts achievement assessment prescribed by division
(A)(1)(a) of section 3301.0710 of the Revised Code,
substitute examinations as prescribed by division (B)(4) of section
3301.0712 of the Revised Code,
or additional assessments administered to identify a student as gifted under
Chapter 3324. of the Revised Code. |
| (C) |
The board of education of each city, exempted village,
and local school district may exceed the limitations prescribed by division (A)
of this section by resolution of the district board. However, prior to the
adoption of such a resolution, the board shall conduct at least one public
hearing on the proposed resolution. |
Added by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
09-27-1983.
| (A) |
The state
board of education shall, by rule adopted in accordance with Chapter 119. of
the Revised Code, establish standards for licensing school district treasurers
and business managers, for the renewal of such licenses, and for the issuance
of duplicate copies of licenses. Licenses of the following types shall be
issued or renewed by the board to applicants who meet the standards for the
license or the renewal of the license for which application is made:
| (1) |
Treasurer, valid for serving as treasurer
of a school district in accordance with section
3313.22 of the Revised Code;
|
| (2) |
Business manager, valid for
serving as business manager of a school district in accordance with section
3319.03 of the Revised Code.
|
|
| (B) |
Each application
for a license or renewal or duplicate copy of a license shall be accompanied by
the payment of a fee in the amount established under division (A) of section
3319.51 of the Revised Code. Any
fees received under this section shall be paid into the state treasury to the
credit of the state board of education licensure fund established under
division (B) of section
3319.51 of the Revised Code.
|
| (C) |
Any person employed under
section 3313.22 of the Revised Code as a
treasurer on July 1, 1983, shall be considered to meet the standards for
licensure as a treasurer and for renewal of such license. Any person employed
under section
3319.03 of the Revised Code as a
business manager on July 1, 1983, shall be considered to meet the standards for
licensure as a business manager and for renewal of such license. |
| (D) |
Any person applying for or holding any
license pursuant to this section is subject to sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of the Revised Code.
|
Effective Date:
03-22-2001.
The state board of
education shall adopt rules governing the purchasing and leasing of data
processing services and equipment for all local, exempted village, city, and
joint vocational school districts and all educational service centers. Such
rules shall include provisions for the establishment of an Ohio education
computer network under procedures, guidelines, and specifications of the
department of education.
The department shall
administer funds appropriated for the Ohio education computer network to ensure
its efficient and economical operation and shall approve no more than
twenty-seven information technology centers to operate concurrently. Such
centers shall be approved for funding in accordance with rules of the state
board adopted under this section that shall provide for the superintendent of
public instruction to require the membership of each information technology
center to be composed of combinations of school districts and educational
service centers having sufficient students to support an efficient, economical
comprehensive program of computer services to member districts and educational
service centers. However, no such rule shall prohibit a school district or
educational service center from receiving computer services from any
information technology center established under this section or from any other
public or private vendor. Each information technology center shall be organized
in accordance with section
3313.92 or Chapter 167. of the
Revised Code.
The department may approve and administer funding for
programs to provide technical support, maintenance, consulting, and group
purchasing services for information technology centers, school districts,
educational service centers, and other client entities or governmental entities
served in accordance with rules adopted by the department or as otherwise
authorized by law, and to deliver to schools programs operated by the infOhio
network and the technology solutions group of the management council of the
Ohio education computer network.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
09-05-2001; 09-28-2006; 03-30-2007
No information
technology center established under section
3301.075 of the Revised Code shall
be required to maintain an operating reserve account or fund or minimum cash
balance. This section does not affect any sinking fund or other capital
improvement fund the center may be required to maintain as a condition by law
or contract relative to the issuance of securities. Any rule of the state board
of education or other regulation or guideline of the
department of education that conflicts with this section is void.
Adnded by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Not later than January 31, 2014, the state board of education shall adopt
reading competencies for all reading credentials and training. Such
competencies shall include, but not be limited to, an understanding of phonemic
awareness, phonics, fluency, vocabulary, comprehension, appropriate use of
assessments, differentiated instruction, and selection of appropriate
instructional materials and application of research-based instructional
practices.
Added by
130th General Assembly File No. 16, SB 21, §1,
eff. 6/4/2013.
Effective Date: 07-01-1995
.
| (A) |
No official
or board of this state, whether appointed or elected, shall enter into any
agreement or memorandum of understanding with any federal or private entity
that would require the state to cede any measure of control over the
development, adoption, or revision of academic content standards. |
| (B) |
No
funds appropriated from the general revenue fund shall be used to purchase an
assessment developed by the partnership for assessment of readiness for college
and careers for use as the assessments prescribed under sections
3301.0710
and
3301.0712
of the Revised Code. |
| (C) |
The department of education shall request that each
assessment vendor contracted by the department provide an analysis explaining
how questions on each of the assessments prescribed under section
3301.0710
of the Revised Code and the end-of-course examinations prescribed under
division (B)(2) of section
3301.0712
of the Revised Code developed by that vendor are aligned to the academic
content standards adopted under section
3301.079
of the Revised Code. The analysis shall be provided to all school districts and
schools for all grade levels for which assessments are prescribed under
sections
3301.0710
and
3301.0712
of the Revised Code. The analysis shall be produced beginning with the
2019-2020 school year and for each school year there after. |
| (D) |
The department shall request that each assessment
vendor described in division (C) of this section provide information and
materials to school districts and schools for assistance with the state
achievement assessments. The information and materials shall include practice
assessments and other preparatory materials. The information and materials
shall be distributed to districts and schools beginning with the 2019-2020
school year and for each school year thereafter. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
| (A) |
| (1) |
The
state board of education periodically shall adopt statewide academic standards
with emphasis on coherence, focus, and essential knowledge and that are more
challenging and demanding when compared to international standards for each of
grades kindergarten through twelve in English language arts, mathematics,
science, and social studies.
| (a) |
The state
board shall ensure that the standards do all of the following:
| (i) |
Include the essential academic content and skills that students are expected to
know and be able to do at each grade level that will allow each student to be
prepared for postsecondary instruction and the workplace for success in the
twenty-first century; |
| (ii) |
Include the
development of skill sets that promote information, media, and technological
literacy; |
| (iii) |
Include
interdisciplinary, project-based, real-world learning opportunities; |
| (iv) |
Instill life-long learning by providing essential knowledge and skills based in
the liberal arts tradition, as well as science, technology, engineering,
mathematics, and career-technical education; |
| (v) |
Be
clearly written, transparent, and understandable by parents, educators, and the
general public. |
|
| (b) |
Not
later than July 1, 2012, the state board shall incorporate into the social
studies standards for grades four to twelve academic content regarding the
original texts of the Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with emphasis on the Bill
of Rights, and the Ohio Constitution, and their original context. The state
board shall revise the model curricula and achievement assessments adopted
under divisions (B) and (C) of this section as necessary to reflect the
additional American history and American government content. The state board
shall make available a list of suggested grade-appropriate supplemental
readings that place the documents prescribed by this division in their
historical context, which teachers may use as a resource to assist students in
reading the documents within that context. |
| (c) |
When the state board adopts or revises academic content standards in social
studies, American history, American government, or science under division
(A)(1) of this section, the state board shall develop such standards
independently and not as part of a multistate consortium. |
|
| (2) |
After completing the standards required by division (A)(1) of this section, the
state board shall adopt standards and model curricula for instruction in
technology, financial literacy and entrepreneurship, fine arts, and foreign
language for grades kindergarten through twelve. The standards shall meet the
same requirements prescribed in division (A)(1)(a) of this section. |
| (3) |
The
state board shall adopt the most recent standards developed by the national
association for sport and physical education for physical education in grades
kindergarten through twelve or shall adopt its own standards for physical
education in those grades and revise and update them periodically. The department of
education shall employ a full-time physical education coordinator to provide
guidance and technical assistance to districts, community schools, and STEM
schools in implementing the physical education standards adopted under this
division. The superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as demonstrated
by possessing an adequate combination of education, license, and
experience.
|
| (4) |
Not later than December 31, 2018, the state board shall
adopt standards and a model curriculum for instruction in computer science in
grades kindergarten through twelve, which shall include standards for
introductory and advanced computer science courses in grades nine through
twelve. When developing the standards and curriculum, the state board shall
consider recommendations from computer science education stakeholder groups,
including teachers and representatives from higher education, industry,
computer science organizations in Ohio, and national computer science
organizations. Any district or school may utilize the computer science
standards or model curriculum or any part thereof adopted pursuant to division
(A)(4) of this section. However, no district or school shall be required to
utilize all or any part of the standards or curriculum.
|
| (5) |
When academic standards have been completed for any subject area required by
this section, the state board shall inform all school districts, all community
schools established under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all nonpublic schools
required to administer the assessments prescribed by sections
3301.0710 and
3301.0712 of the Revised Code of
the content of those standards. Additionally, upon completion of any academic
standards under this section, the department shall post those standards on the
department's web site. |
|
| (B) |
| (1) |
The
state board shall adopt a model curriculum for instruction in each subject area
for which updated academic standards are required by division (A)(1) of this
section and for each of grades kindergarten through twelve that is sufficient
to meet the needs of students in every community. The model curriculum shall be
aligned with the standards, to ensure that the academic content and skills
specified for each grade level are taught to students, and shall demonstrate
vertical articulation and emphasize coherence, focus, and rigor. When any model
curriculum has been completed, the state board shall inform all school
districts, community schools, and STEM schools of the content of that model
curriculum. |
| (2) |
Not later
than June 30, 2013, the state board, in consultation with any office housed in
the governor's office that deals with workforce development, shall adopt model
curricula for grades kindergarten through twelve that embed career connection
learning strategies into regular classroom instruction. |
| (3) |
All
school districts, community schools, and STEM schools may utilize the state
standards and the model curriculum established by the state board, together
with other relevant resources, examples, or models to ensure that students have
the opportunity to attain the academic standards. Upon request, the department
shall provide technical assistance to any district, community school, or STEM
school in implementing the model curriculum. Nothing in this section
requires any school district to utilize all or any part of a model curriculum
developed under this section.
|
|
| (C) |
The
state board shall develop achievement assessments aligned with the academic
standards and model curriculum for each of the subject areas and grade levels
required by divisions (A)(1) and (B)(1) of section
3301.0710 of the Revised Code. When any achievement
assessment has been completed, the state board shall inform all school
districts, community schools, STEM schools, and nonpublic schools required to
administer the assessment of its completion, and the department shall make the
achievement assessment available to the districts and schools.
|
| (D) |
| (1) |
The
state board shall adopt a diagnostic assessment aligned with the academic
standards and model curriculum for each of grades kindergarten through two in
reading, writing, and mathematics and for grade three in reading and writing.
The diagnostic assessment shall be designed to measure student comprehension of
academic content and mastery of related skills for the relevant subject area
and grade level. Any diagnostic assessment shall not include components to
identify gifted students. Blank copies of diagnostic assessments shall be
public records. |
| (2) |
When each
diagnostic assessment has been completed, the state board shall inform all
school districts of its completion and the department shall make the diagnostic
assessment available to the districts at no cost to the district. |
| (3) |
School districts shall administer the diagnostic assessment pursuant to section
3301.0715 of the Revised Code
beginning the first school year following the development of the assessment. However, beginning with
the 2017-2018 school year, both of the following shall apply:
| (a) |
In
the case of the diagnostic assessments for grades one or two in writing or
mathematics or for grade three in writing, a school district shall not be
required to administer any such assessment, but may do so at the discretion of
the district board; |
| (b) |
In the case
of any diagnostic assessment that is not for the grade levels and subject areas
specified in division (D)(3)(a) of this section, each school district shall
administer the assessment in the manner prescribed by section
3301.0715 of the Revised
Code. |
|
|
| (E) |
The
state board shall not adopt a diagnostic or achievement assessment for any
grade level or subject area other than those specified in this
section. |
| (F) |
Whenever the
state board or the department consults with persons for the purpose of drafting
or reviewing any standards, diagnostic assessments, achievement assessments, or
model curriculum required under this section, the state board or the department
shall first consult with parents of students in kindergarten through twelfth
grade and with active Ohio classroom teachers, other school personnel, and
administrators with expertise in the appropriate subject area. Whenever
practicable, the state board and department shall consult with teachers
recognized as outstanding in their fields. If the department
contracts with more than one outside entity for the development of the
achievement assessments required by this section, the department shall ensure
the interchangeability of those assessments.
|
| (G) |
Whenever the state board adopts standards or model curricula under this
section, the department also shall provide information on the use of blended or
digital learning in the delivery of the standards or curricula to students in
accordance with division (A)(5) of this section. |
| (H) |
The
fairness sensitivity review committee, established by rule of the state board
of education, shall not allow any question on any achievement or diagnostic
assessment developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code,
as it existed prior to September 11, 2001, to include, be written to promote,
or inquire as to individual moral or social values or beliefs. The decision of
the committee shall be final. This section does not create a private cause of
action. |
| (I) |
| (1) |
| (a) |
The
English language arts academic standards review committee is hereby created to
review academic content standards in the subject of English language arts. The
committee shall consist of the following members:
| (i) |
Three experts who are residents of this state and who primarily conduct
research, provide instruction, currently work in, or possess an advanced degree
in the subject area. One expert shall be appointed by each of the president of
the senate, the speaker of the house of representatives, and the
governor; |
| (ii) |
One parent
or guardian appointed by the president of the senate; |
| (iii) |
One educator who is currently teaching in a classroom, appointed by the speaker
of the house of representatives; |
| (iv) |
The chancellor of the Ohio board of regents, or the chancellor's
designee; |
| (v) |
The state
superintendent, or the superintendent's designee, who shall serve as the
chairperson of the committee. |
|
| (b) |
The
mathematics academic standards review committee is hereby created to review
academic content standards in the subject of mathematics. The committee shall
consist of the following members:
| (i) |
Three
experts who are residents of this state and who primarily conduct research,
provide instruction, currently work in, or possess an advanced degree in the
subject area. One expert shall be appointed by each of the president of the
senate, the speaker of the house of representatives, and the
governor; |
| (ii) |
One parent
or guardian appointed by the speaker of the house of representatives; |
| (iii) |
One educator who is currently teaching in a classroom, appointed by the
president of the senate; |
| (iv) |
The chancellor, or the chancellor's designee; |
| (v) |
The
state superintendent, or the superintendent's designee, who shall serve as the
chairperson of the committee. |
|
| (c) |
The
science academic standards review committee is hereby created to review
academic content standards in the subject of science. The committee shall
consist of the following members:
| (i) |
Three
experts who are residents of this state and who primarily conduct research,
provide instruction, currently work in, or possess an advanced degree in the
subject area. One expert shall be appointed by each of the president of the
senate, the speaker of the house of representatives, and the
governor; |
| (ii) |
One parent
or guardian appointed by the president of the senate; |
| (iii) |
One educator who is currently teaching in a classroom, appointed by the speaker
of the house of representatives; |
| (iv) |
The chancellor, or the chancellor's designee; |
| (v) |
The
state superintendent, or the superintendent's designee, who shall serve as the
chairperson of the committee. |
|
| (d) |
The
social studies academic standards review committee is hereby created to review
academic content standards in the subject of social studies. The committee
shall consist of the following members:
| (i) |
Three experts who are residents of this state and who primarily conduct
research, provide instruction, currently work in, or possess an advanced degree
in the subject area. One expert shall be appointed by each of the president of
the senate, the speaker of the house of representatives, and the
governor; |
| (ii) |
One parent
or guardian appointed by the speaker of the house of representatives; |
| (iii) |
One educator who is currently teaching in a classroom, appointed by the
president of the senate; |
| (iv) |
The chancellor, or the chancellor's designee; |
| (v) |
The
state superintendent, or the superintendent's designee, who shall serve as the
chairperson of the committee. |
|
|
| (2) |
| (a) |
Each committee created in division (I)(1) of this section shall review the
academic content standards for its respective subject area to ensure that such
standards are clear, concise, and appropriate for each grade level and promote
higher student performance, learning, subject matter comprehension, and
improved student achievement. Each committee also shall review whether the
standards for its respective subject area promote essential knowledge in the
subject, lifelong learning, the liberal arts tradition, and college and career
readiness and whether the standards reduce remediation. |
| (b) |
Each committee shall determine whether the assessments submitted to that
committee under division (I)(4) of this section are appropriate for the
committee's respective subject area and meet the academic content standards
adopted under this section and community expectations. |
|
| (3) |
The
department of education shall provide administrative support for each committee
created in division (I)(1) of this section. Members of each committee shall be
reimbursed for reasonable and necessary expenses related to the operations of
the committee. Members of each committee shall serve at the pleasure of the
appointing authority. |
| (4) |
Notwithstanding anything to the contrary in division (O) of section
3301.0711 of the Revised Code,
the department shall submit to the appropriate committee created under division
(I)(1) of this section copies of the questions and corresponding answers on the
relevant assessments required by section
3301.0710 of the Revised Code on
the first day of July following the school year that the assessments were
administered. The department shall provide each committee with the entire
content of each relevant assessment, including corresponding answers. The assessments received
by the committees are not public records of the committees and are not subject
to release by the committees to any other person or entity under section
149.43 of the Revised Code.
However, the assessments shall become public records in accordance with
division (O) of section
3301.0711 of the Revised
Code.
|
|
| (J) |
Not
later than sixty days prior to the adoption by the state board of updated
academic standards under division (A)(1) of this section or updated model
curricula under division (B)(1) of this section, the superintendent of public
instruction shall present the academic standards or model curricula, as
applicable, in person at a public hearing of the respective committees of the
house of representatives and senate that consider education
legislation. |
| (K) |
As used in
this section:
| (1) |
"Blended
learning" means the delivery of instruction in a combination of time in a
supervised physical location away from home and online delivery whereby the
student has some element of control over time, place, path, or pace of
learning. |
| (2) |
"Coherence"
means a reflection of the structure of the discipline being taught. |
| (3) |
"Digital learning" means learning facilitated by technology that gives students
some element of control over time, place, path, or pace of learning. |
| (4) |
"Focus" means limiting the number of items included in a curriculum to allow
for deeper exploration of the subject matter. |
| (5) |
"Vertical articulation" means key academic concepts and skills associated with
mastery in particular content areas should be articulated and reinforced in a
developmentally appropriate manner at each grade level so that over time
students acquire a depth of knowledge and understanding in the core academic
disciplines. |
|
Amended by
132nd General Assembly File No. TBD, HB 170, §1,
eff. 3/23/2018.
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 299, §1,
eff. 8/31/2016.
Amended by
130th General Assembly File No. TBD, SB 42, §1,
eff. 3/23/2015.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.91, SB 165,
§1, eff.
6/29/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 09-29-2005
The state board of
education shall adopt rules establishing a statewide program to assess student
achievement. The state board shall ensure that all assessments administered
under the program are aligned with the academic standards and model curricula
adopted by the state board and are created with input from Ohio parents, Ohio
classroom teachers, Ohio school administrators, and other Ohio school personnel
pursuant to section
3301.079
of the Revised Code.
The assessment
program shall be designed to ensure that students who receive a high school
diploma demonstrate at least high school levels of achievement in English
language arts, mathematics, science, and social studies.
| (A) |
| (1) |
The
state board shall prescribe all of the following:
| (a) |
Two
statewide achievement assessments, one each designed to measure the level of
English language arts and mathematics skill expected at the end of third
grade; |
| (b) |
Two
statewide achievement assessments, one each designed to measure the level of
English language arts and mathematics skill expected at the end of fourth
grade; |
| (c) |
Three
statewide achievement assessments, one each designed to measure the level of
English language arts, mathematics, and science skill expected at the end of
fifth grade; |
| (d) |
Two
statewide achievement assessments, one each designed to measure the level of
English language arts and mathematics skill expected at the end of sixth
grade; |
| (e) |
Two
statewide achievement assessments, one each designed to measure the level of
English language arts and mathematics skill expected at the end of seventh
grade; |
| (f) |
Three
statewide achievement assessments, one each designed to measure the level of
English language arts, mathematics, and science skill expected at the end of
eighth grade. |
|
| (2) |
The
state board shall determine and designate at least five ranges of scores on
each of the achievement assessments described in divisions (A)(1) and (B)(1) of
this section. Each range of scores shall be deemed to demonstrate a level of
achievement so that any student attaining a score within such range has
achieved one of the following:
| (a) |
An
advanced level of skill; |
| (b) |
An
accelerated level of skill; |
| (c) |
A
proficient level of skill; |
| (d) |
A basic
level of skill; |
| (e) |
A
limited level of skill. |
|
| (3) |
For the
purpose of implementing division (A) of section
3313.608
of the Revised Code, the state board shall determine and designate a level of
achievement, not lower than the level designated in division (A)(2)(e) of this
section, on the third grade English language arts assessment for a student to
be promoted to the fourth grade. The state board shall review and adjust upward
the level of achievement designated under this division each year the test is
administered until the level is set equal to the level designated in division
(A)(2)(c) of this section. |
| (4) |
Each
school district or school shall teach and assess social studies in at least the
fourth and sixth grades. Any assessment in such area shall be determined by the
district or school and may be formative or summative in nature. The results of
such assessment shall not be reported to the department of education. |
|
| (B) |
| (1) |
The
assessments prescribed under division (B)(1) of this section shall collectively
be known as the Ohio graduation tests. The state board shall prescribe five
statewide high school achievement assessments, one each designed to measure the
level of reading, writing, mathematics, science, and social studies skill
expected at the end of tenth grade. The state board shall designate a score in
at least the range designated under division (A)(2)(c) of this section on each
such assessment that shall be deemed to be a passing score on the assessment as
a condition toward granting high school diplomas under sections
3313.61,
3313.611,
3313.612,
and
3325.08
of the Revised Code until the assessment system prescribed by section
3301.0712
of the Revised Code is implemented in accordance with division (B)(2) of this
section. |
| (2) |
The
state board shall prescribe an assessment system in accordance with section
3301.0712
of the Revised Code that shall replace the Ohio graduation tests beginning with
students who enter the ninth grade for the first time on or after July 1,
2014. |
| (3) |
The
state board may enter into a reciprocal agreement with the appropriate body or
agency of any other state that has similar statewide achievement assessment
requirements for receiving high school diplomas, under which any student who
has met an achievement assessment requirement of one state is recognized as
having met the similar requirement of the other state for purposes of receiving
a high school diploma. For purposes of this section and sections
3301.0711
and
3313.61
of the Revised Code, any student enrolled in any public high school in this
state who has met an achievement assessment requirement specified in a
reciprocal agreement entered into under this division shall be deemed to have
attained at least the applicable score designated under this division on each
assessment required by division (B)(1) or (2) of this section that is specified
in the agreement. |
|
| (C) |
The
superintendent of public instruction shall designate dates and times for the
administration of the assessments prescribed by divisions (A) and (B) of this
section. In prescribing
administration dates pursuant to this division, the superintendent shall
designate the dates in such a way as to allow a reasonable length of time
between the administration of assessments prescribed under this section and any
administration of the national assessment of educational progress given to
students in the same grade level pursuant to section
3301.27
of the Revised Code or federal law.
|
| (D) |
The
state board shall prescribe a practice version of each Ohio graduation test
described in division (B)(1) of this section that is of comparable length to
the actual test. |
| (E) |
Any
committee established by the department of education for the purpose of making
recommendations to the state board regarding the state board's designation of
scores on the assessments described by this section shall inform the state
board of the probable percentage of students who would score in each of the
ranges established under division (A)(2) of this section on the assessments if
the committee's recommendations are adopted by the state board. To the extent
possible, these percentages shall be disaggregated by gender, major racial and
ethnic groups, English
learners, economically disadvantaged students,
students with disabilities, and migrant students. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 07-01-2006; 03-30-2007; 2007 HB190 11-14-2007.
| (A) |
The
department of education shall:
| (1) |
Annually furnish to, grade, and score all assessments required by divisions
(A)(1) and (B)(1) of section
3301.0710
of the Revised Code to be administered by city, local, exempted village, and
joint vocational school districts, except that each district shall score any
assessment administered pursuant to division (B)(10) of this section. Each
assessment so furnished shall include the data verification code of the student
to whom the assessment will be administered, as assigned pursuant to division
(D)(2) of section
3301.0714
of the Revised Code. In furnishing the practice versions of Ohio graduation
tests prescribed by division (D) of section
3301.0710
of the Revised Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for grading
assessments, the department shall give preference to Ohio-based entities
employing Ohio residents. |
| (2) |
Adopt
rules for the ethical use of assessments and prescribing the manner in which
the assessments prescribed by section
3301.0710
of the Revised Code shall be administered to students. |
|
| (B) |
Except
as provided in divisions (C) and (J) of this section, the board of education of
each city, local, and exempted village school district shall, in accordance
with rules adopted under division (A) of this section:
| (1) |
Administer the English language arts assessments prescribed under division
(A)(1)(a) of section
3301.0710
of the Revised Code twice annually to all students in the third grade who have
not attained the score designated for that assessment under division (A)(2)(c)
of section
3301.0710
of the Revised Code. |
| (2) |
Administer the mathematics assessment prescribed under division (A)(1)(a) of
section
3301.0710
of the Revised Code at least once annually to all students in the third
grade. |
| (3) |
Administer the assessments prescribed under division (A)(1)(b) of section
3301.0710
of the Revised Code at least once annually to all students in the fourth
grade. |
| (4) |
Administer the assessments prescribed under division (A)(1)(c) of section
3301.0710
of the Revised Code at least once annually to all students in the fifth
grade. |
| (5) |
Administer the assessments prescribed under division (A)(1)(d) of section
3301.0710
of the Revised Code at least once annually to all students in the sixth
grade. |
| (6) |
Administer the assessments prescribed under division (A)(1)(e) of section
3301.0710
of the Revised Code at least once annually to all students in the seventh
grade. |
| (7) |
Administer the assessments prescribed under division (A)(1)(f) of section
3301.0710
of the Revised Code at least once annually to all students in the eighth
grade. |
| (8) |
Except
as provided in division (B)(9) of this section, administer any assessment
prescribed under division (B)(1) of section
3301.0710
of the Revised Code as follows:
| (a) |
At
least once annually to all tenth grade students and at least twice annually to
all students in eleventh or twelfth grade who have not yet attained the score
on that assessment designated under that division; |
| (b) |
To any
person who has successfully completed the curriculum in any high school or the
individualized education program developed for the person by any high school
pursuant to section
3323.08
of the Revised Code but has not received a high school diploma and who requests
to take such assessment, at any time such assessment is administered in the
district. |
|
| (9) |
In lieu
of the board of education of any city, local, or exempted village school
district in which the student is also enrolled, the board of a joint vocational
school district shall administer any assessment prescribed under division
(B)(1) of section
3301.0710
of the Revised Code at least twice annually to any student enrolled in the
joint vocational school district who has not yet attained the score on that
assessment designated under that division. A board of a joint vocational school
district may also administer such an assessment to any student described in
division (B)(8)(b) of this section. |
| (10) |
If the
district has a three-year average graduation rate of not more than seventy-five
per cent, administer each assessment prescribed by division (D) of section
3301.0710
of the Revised Code in September to all ninth grade students who entered ninth
grade prior to July 1, 2014. Except as provided
in section
3313.614
of the Revised Code for administration of an assessment to a person who has
fulfilled the curriculum requirement for a high school diploma but has not
passed one or more of the required assessments, the assessments prescribed
under division (B)(1) of section
3301.0710
of the Revised Code shall not be administered after the date specified in the
rules adopted by the state board of education under division (D)(1) of section
3301.0712
of the Revised Code.
|
| (11) |
| (a) |
Except
as provided in divisions (B)(11)(b) and
(c) of this section, administer the assessments prescribed by division
(B)(2) of section
3301.0710
and section
3301.0712
of the Revised Code in accordance with the timeline and plan for implementation
of those assessments prescribed by rule of the state board adopted under
division (D)(1) of section
3301.0712
of the Revised Code; |
| (b) |
A
student who has presented evidence to the district or school of having
satisfied the condition prescribed by division (A)(1) of section
3313.618
of the Revised Code to qualify for a high school diploma prior to the date of
the administration of the assessment prescribed under division (B)(1) of
section
3301.0712
of the Revised Code shall not be required to take that assessment. However, no
board shall prohibit a student who is not required to take such assessment from
taking the assessment. |
| (c) |
A student shall not be required to retake the Algebra
I end-of-course examination or the English language arts II end-of-course
examination prescribed under division (B)(2) of section
3301.0712
of the Revised Code in grades nine through twelve if the student demonstrates
at least a proficient level of skill, as prescribed under division (B)(5)(a) of
that section, or achieves a competency score, as prescribed under division
(B)(10) of that section, in an administration of the examination prior to grade
nine. |
|
|
| (C) |
| (1) |
| (a) |
In the
case of a student receiving special education services under Chapter 3323. of
the Revised Code, the individualized education program developed for the
student under that chapter shall specify the manner in which the student will
participate in the assessments administered under this section, except that a
student with significant cognitive disabilities to whom an alternate assessment
is administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not be
required to take the assessment prescribed under division (B)(1) of section
3301.0712
of the Revised Code. The individualized education program may excuse the
student from taking any particular assessment required to be administered under
this section if it instead specifies an alternate assessment method approved by
the department of education as conforming to requirements of federal law for
receipt of federal funds for disadvantaged pupils. To the extent possible, the
individualized education program shall not excuse the student from taking an
assessment unless no reasonable accommodation can be made to enable the student
to take the assessment. No board shall prohibit a student who is not required
to take an assessment under division (C)(1) of this section from taking the
assessment. |
| (b) |
Any
alternate assessment approved by the department for a student under this
division shall produce measurable results comparable to those produced by the
assessment it replaces in order to allow for the student's results to be
included in the data compiled for a school district or building under section
3302.03
of the Revised Code. |
| (c) |
| (i) |
Any
student enrolled in a chartered nonpublic school who has been identified, based
on an evaluation conducted in accordance with section
3323.03
of the Revised Code or section 504 of the "Rehabilitation Act of 1973," 87
Stat. 355,
29 U.S.C.A. 794, as amended, as a child with a disability
shall be excused from taking any particular assessment required to be
administered under this section if either of the following apply:
| (I) |
A plan developed for the student pursuant to
rules adopted by the state board excuses the student from taking that
assessment. |
| (II) |
The chartered nonpublic school develops a written plan
in which the school, in consultation with the student's parents, determines
that an assessment or alternative assessment with accommodations does not
accurately assess the student's academic performance. The plan shall include an
academic profile of the student's academic performance and shall be reviewed
annually to determine if the student's needs continue to require excusal from
taking the assessment. |
|
| (ii) |
A
student with significant cognitive disabilities to whom an alternate assessment
is administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not be
required to take the assessment prescribed under division (B)(1) of section
3301.0712
of the Revised Code. |
| (iii) |
In
the case of any student so excused from taking an assessment under division
(C)(1)(c) of this section, the chartered nonpublic school shall not prohibit
the student from taking the assessment. |
|
|
| (2) |
A
district board may, for medical reasons or other good cause, excuse a student
from taking an assessment administered under this section on the date
scheduled, but that assessment shall be administered to the excused student not
later than nine days following the scheduled date. The district board shall
annually report the number of students who have not taken one or more of the
assessments required by this section to the state board not later than the
thirtieth day of June. |
| (3) |
As used
in this division, " English
learner" has the same meaning as in
20 U.S.C. 7801. No school district
board shall excuse any English
learner from taking any particular assessment
required to be administered under this section, except as follows:
| (a) |
Any
English
learner who has been enrolled in United States
schools for less than two years and for whom no appropriate accommodations are
available based on guidance issued by the department shall not be required to
take the assessment prescribed under division (B)(1) of section
3301.0712
of the Revised Code. |
| (b) |
Any
English
learner who has been enrolled in United States
schools for less than one full school year shall not be required to take any
reading, writing, or English language arts assessment. However, no board
shall prohibit an English learner who is not required to
take an assessment under division (C)(3) of this section from taking the
assessment. A board may permit any English learner to take an assessment required to be
administered under this section with appropriate accommodations, as determined
by the department. For each
English learner, each school district shall annually
assess that student's progress in learning English, in accordance with
procedures approved by the department.
|
|
| (4) |
| (a) |
The
governing authority of a chartered nonpublic school may excuse
an English learner from taking any
assessment administered under this section. |
| (b) |
No
governing authority shall require an English
learner who has been enrolled in United States
schools for less than two years and for whom no appropriate accommodations are
available based on guidance issued by the department to take the assessment
prescribed under division (B)(1) of section
3301.0712
of the Revised Code. |
| (c) |
No
governing authority shall prohibit an English
learner from taking an assessment from which the
student was excused under division (C)(4) of this section. |
|
|
| (D) |
| (1) |
In the
school year next succeeding the school year in which the assessments prescribed
by division (A)(1) or (B)(1) of section
3301.0710
of the Revised Code or former division (A)(1), (A)(2), or (B) of section
3301.0710
of the Revised Code as it existed prior to September 11, 2001, are administered
to any student, the board of education of any school district in which the
student is enrolled in that year shall provide to the student intervention
services commensurate with the student's performance, including any intensive
intervention required under section
3313.608
of the Revised Code, in any skill in which the student failed to demonstrate at
least a score at the proficient level on the assessment. |
| (2) |
Following any administration of the assessments prescribed by division (D) of
section
3301.0710
of the Revised Code to ninth grade students, each school district that has a
three-year average graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school shall be
required to provide intervention services to any students who took the
assessments. In determining which high schools shall provide intervention
services based on the resources available, the district shall consider each
school's graduation rate and scores on the practice assessments. The district
also shall consider the scores received by ninth grade students on the English
language arts and mathematics assessments prescribed under division (A)(1)(f)
of section
3301.0710
of the Revised Code in the eighth grade in determining which high schools shall
provide intervention services. Each high school
selected to provide intervention services under this division shall provide
intervention services to any student whose results indicate that the student is
failing to make satisfactory progress toward being able to attain scores at the
proficient level on the Ohio graduation tests. Intervention services shall be
provided in any skill in which a student demonstrates unsatisfactory progress
and shall be commensurate with the student's performance. Schools shall provide
the intervention services prior to the end of the school year, during the
summer following the ninth grade, in the next succeeding school year, or at any
combination of those times.
|
|
| (E) |
Except
as provided in section
3313.608
of the Revised Code and division (N) of this section, no school district board
of education shall utilize any student's failure to attain a specified score on
an assessment administered under this section as a factor in any decision to
deny the student promotion to a higher grade level. However, a district board
may choose not to promote to the next grade level any student who does not take
an assessment administered under this section or make up an assessment as
provided by division (C)(2) of this section and who is not exempt from the
requirement to take the assessment under division (C)(3) of this
section. |
| (F) |
No
person shall be charged a fee for taking any assessment administered under this
section. |
| (G) |
| (1) |
Each
school district board shall designate one location for the collection of
assessments administered in the spring under division (B)(1) of this section
and those administered under divisions (B)(2) to (7) of this section. Each
district board shall submit the assessments to the entity with which the
department contracts for the scoring of the assessments as follows:
| (a) |
If the
district's total enrollment in grades kindergarten through twelve during the
first full school week of October was less than two thousand five hundred, not
later than the Friday after all of the assessments have been
administered; |
| (b) |
If the
district's total enrollment in grades kindergarten through twelve during the
first full school week of October was two thousand five hundred or more, but
less than seven thousand, not later than the Monday after all of the
assessments have been administered; |
| (c) |
If the
district's total enrollment in grades kindergarten through twelve during the
first full school week of October was seven thousand or more, not later than
the Tuesday after all of the assessments have been administered. However, any
assessment that a student takes during the make-up period described in division
(C)(2) of this section shall be submitted not later than the Friday following
the day the student takes the assessment.
|
|
| (2) |
The
department or an entity with which the department contracts for the scoring of
the assessment shall send to each school district board a list of the
individual scores of all persons taking a state achievement assessment as
follows:
| (a) |
Except
as provided in division (G)(2)(b) or (c) of this section, within forty-five
days after the administration of the assessments prescribed by sections
3301.0710
and
3301.0712
of the Revised Code, but in no case shall the scores be returned later than the
thirtieth day of June following the administration; |
| (b) |
In the
case of the third-grade English language arts assessment, within forty-five
days after the administration of that assessment, but in no case shall the
scores be returned later than the fifteenth day of June following the
administration; |
| (c) |
In the
case of the writing component of an assessment or end-of-course examination in
the area of English language arts, except for the third-grade English language
arts assessment, the results may be sent after forty-five days of the
administration of the writing component, but in no case shall the scores be
returned later than the thirtieth day of June following the
administration. |
|
| (3) |
For
assessments administered under this section by a joint vocational school
district, the department or entity shall also send to each city, local, or
exempted village school district a list of the individual scores of any
students of such city, local, or exempted village school district who are
attending school in the joint vocational school district. |
| (4) |
Beginning with the 2019-2020 school year, a school district, other public
school, or chartered nonpublic school may administer the third-grade English
language arts or mathematics assessment, or both, in a paper format in any
school year for which the district board of education or school governing body
adopts a resolution indicating that the district or school chooses to
administer the assessment in a paper format. The board or governing body shall
submit a copy of the resolution to the department of education not later than
the first day of May prior to the school year for which it will apply. If the
resolution is submitted, the district or school shall administer the assessment
in a paper format to all students in the third grade, except that any student
whose individualized education program or plan developed under section 504 of
the "Rehabilitation Act of 1973," 87 Stat. 355,
29 U.S.C. 794, as amended, specifies that taking the
assessment in an online format is an appropriate accommodation for the student
may take the assessment in an online format. |
|
| (H) |
Individual scores on any assessments administered under this section shall be
released by a district board only in accordance with section
3319.321 of the
Revised Code and the rules adopted under division (A) of this section. No
district board or its employees shall utilize individual or aggregate results
in any manner that conflicts with rules for the ethical use of assessments
adopted pursuant to division (A) of this section. |
| (I) |
Except
as provided in division (G) of this section, the department or an entity with
which the department contracts for the scoring of the assessment shall not
release any individual scores on any assessment administered under this
section. The state board shall adopt rules to ensure the protection of student
confidentiality at all times. The rules may require the use of the data
verification codes assigned to students pursuant to division (D)(2) of section
3301.0714
of the Revised Code to protect the confidentiality of student scores. |
| (J) |
Notwithstanding division (D) of section
3311.52
of the Revised Code, this section does not apply to the board of education of
any cooperative education school district except as provided under rules
adopted pursuant to this division.
| (1) |
In
accordance with rules that the state board shall adopt, the board of education
of any city, exempted village, or local school district with territory in a
cooperative education school district established pursuant to divisions (A) to
(C) of section
3311.52
of the Revised Code may enter into an agreement with the board of education of
the cooperative education school district for administering any assessment
prescribed under this section to students of the city, exempted village, or
local school district who are attending school in the cooperative education
school district. |
| (2) |
In
accordance with rules that the state board shall adopt, the board of education
of any city, exempted village, or local school district with territory in a
cooperative education school district established pursuant to section
3311.521
of the Revised Code shall enter into an agreement with the cooperative district
that provides for the administration of any assessment prescribed under this
section to both of the following:
| (a) |
Students who are attending school in the cooperative district and who, if the
cooperative district were not established, would be entitled to attend school
in the city, local, or exempted village school district pursuant to section
3313.64
or
3313.65
of the Revised Code; |
| (b) |
Persons
described in division (B)(8)(b) of this section. Any assessment of
students pursuant to such an agreement shall be in lieu of any assessment of
such students or persons pursuant to this section.
|
|
|
| (K) |
| (1) |
| (a) |
Except
as otherwise provided in division (K)(1) or (2) of this section, each chartered
nonpublic school for which at least sixty-five per cent of its total enrollment
is made up of students who are participating in state scholarship programs
shall administer the
assessments prescribed by division (A) of section
3301.0710
of the Revised Code or an alternative standardized
assessment determined by the department. In accordance with procedures
and deadlines prescribed by the department, the parent or guardian of a student
enrolled in the school who is not participating in a state scholarship program
may submit notice to the chief administrative officer of the school that the
parent or guardian does not wish to have the student take the
assessments prescribed for the
student's grade level under division (A) of section
3301.0710
of the Revised Code. If a parent or guardian submits an opt-out notice, the
school shall not administer the assessments to that student. This option does
not apply to any assessment required for a high school diploma under section
3313.612
of the Revised Code. |
| (b) |
Any chartered nonpublic school that enrolls students
who are participating in state scholarship programs may administer an
alternative standardized assessment determined by the department instead of the
assessments prescribed by division (A) of section
3301.0710
of the Revised Code. Each chartered nonpublic school subject to division
(K)(1)(a) or (b) of this section shall report the results of each assessment
administered under those divisions to the department.
|
|
| (2) |
A
chartered nonpublic school may submit to the superintendent of public
instruction a request for a waiver from administering the elementary
assessments prescribed by division (A) of section
3301.0710
of the Revised Code. The state superintendent shall approve or disapprove a
request for a waiver submitted under division (K)(2) of this section. No waiver
shall be approved for any school year prior to the 2015-2016 school year. To be eligible to
submit a request for a waiver, a chartered nonpublic school shall meet the
following conditions:
| (a) |
At
least ninety-five per cent of the students enrolled in the school are children
with disabilities, as defined under section
3323.01
of the Revised Code, or have received a diagnosis by a school district or from
a physician, including a neuropsychiatrist or psychiatrist, or a psychologist
who is authorized to practice in this or another state as having a condition
that impairs academic performance, such as dyslexia, dyscalculia, attention
deficit hyperactivity disorder, or Asperger's syndrome. |
| (b) |
The
school has solely served a student population described in division (K)(1)(a)
of this section for at least ten years. |
| (c) |
The
school provides to the department at least five years of records of internal
testing conducted by the school that affords the department data required for
accountability purposes, including diagnostic assessments and nationally
standardized norm-referenced achievement assessments that measure reading and
math skills. |
|
| (3) |
Any
chartered nonpublic school that is not subject to division (K)(1) of this
section may participate in the assessment program by administering any of the
assessments prescribed by division (A) of section
3301.0710
of the Revised Code. The chief administrator of the school shall specify which
assessments the school will administer. Such specification shall be made in
writing to the superintendent of public instruction prior to the first day of
August of any school year in which assessments are administered and shall
include a pledge that the nonpublic school will administer the specified
assessments in the same manner as public schools are required to do under this
section and rules adopted by the department. |
| (4) |
The
department of education shall furnish the assessments prescribed by section
3301.0710
of the Revised Code to each chartered nonpublic school that is subject to
division (K)(1) of this section or participates under division (K)(3) of this
section. |
|
| (L) |
If a
chartered nonpublic school is educating students in grades nine through twelve,
the following shall apply:
| (1) |
Except
as provided in division (L)(4) of this section, for a student who is enrolled
in a chartered nonpublic school that is accredited through the independent
schools association of the central states and who is attending the school under
a state scholarship program, the student shall either take all of the
assessments prescribed by division (B) of section
3301.0712
of the Revised Code or take an alternative assessment approved by the
department under section
3313.619 of the Revised Code.
However, a student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic school of
having satisfied the condition prescribed by division (A)(1) of section
3313.618
of the Revised Code to qualify for a high school diploma prior to the date of
the administration of the assessment prescribed under division (B)(1) of
section
3301.0712
of the Revised Code shall not be required to take that assessment. No governing
authority of a chartered nonpublic school shall prohibit a student who is not
required to take such assessment from taking the assessment. |
| (2) |
For a
student who is enrolled in a chartered nonpublic school that is accredited
through the independent schools association of the central states, and who is
not attending the school under a state scholarship program, the student shall
not be required to take any assessment prescribed under section
3301.0712
or 3313.619 of the Revised
Code. |
| (3) |
| (a) |
Except
as provided in divisions (L)(3)(b) and (4) of this section, for a student who
is enrolled in a chartered nonpublic school that is not accredited through the
independent schools association of the central states, regardless of whether
the student is attending or is not attending the school under a state
scholarship program, the student shall do one of the following:
| (i) |
Take
all of the assessments prescribed by division (B) of section
3301.0712
of the Revised Code; |
| (ii) |
Take
only the assessment prescribed by division (B)(1) of section
3301.0712
of the Revised Code, provided that the student's school publishes the results
of that assessment for each graduating class. The published results of that
assessment shall include the overall composite scores, mean scores,
twenty-fifth percentile scores, and seventy-fifth percentile scores for each
subject area of the assessment. |
| (iii) |
Take
an alternative assessment approved by the department under section
3313.619 of the Revised
Code. |
|
| (b) |
A
student who is excused from taking an assessment under division (C) of this
section or has presented evidence to the chartered nonpublic school of having
satisfied the condition prescribed by division (A)(1) of section
3313.618
of the Revised Code to qualify for a high school diploma prior to the date of
the administration of the assessment prescribed under division (B)(1) of
section
3301.0712
of the Revised Code shall not be required to take that assessment. No governing
authority of a chartered nonpublic school shall prohibit a student who is not
required to take such assessment from taking the assessment. |
|
| (4) |
The
assessments prescribed by sections
3301.0712
and 3313.619 of the Revised Code
shall not be administered to any student attending the school, if the school
meets all of the following conditions:
| (a) |
At
least ninety-five per cent of the students enrolled in the school are children
with disabilities, as defined under section
3323.01
of the Revised Code, or have received a diagnosis by a school district or from
a physician, including a neuropsychologist or psychiatrist, or a psychologist
who is authorized to practice in this or another state as having a condition
that impairs academic performance, such as dyslexia, dyscalculia, attention
deficit hyperactivity disorder, or Asperger's syndrome. |
| (b) |
The
school has solely served a student population described in division (L)(4)(a)
of this section for at least ten years. |
| (c) |
The
school makes available to the department at least five years of records of
internal testing conducted by the school that affords the department data
required for accountability purposes, including growth in student achievement
in reading or mathematics, or both, as measured by nationally norm-referenced
assessments that have developed appropriate standards for students. Division (L)(4) of
this section applies to any student attending such school regardless of whether
the student receives special education or related services and regardless of
whether the student is attending the school under a state scholarship
program.
|
|
|
| (M) |
| (1) |
The
superintendent of the state school for the blind and the superintendent of the
state school for the deaf shall administer the assessments described by
sections
3301.0710
and
3301.0712
of the Revised Code. Each superintendent shall administer the assessments in
the same manner as district boards are required to do under this section and
rules adopted by the department of education and in conformity with division
(C)(1)(a) of this section. |
| (2) |
The
department of education shall furnish the assessments described by sections
3301.0710
and
3301.0712
of the Revised Code to each superintendent. |
|
| (N) |
Notwithstanding division (E) of this section, a school district may use a
student's failure to attain a score in at least the proficient range on the
mathematics assessment described by division (A)(1)(a) of section
3301.0710
of the Revised Code or on an assessment described by division (A)(1)(b), (c),
(d), (e), or (f) of section
3301.0710
of the Revised Code as a factor in retaining that student in the current grade
level. |
| (O) |
| (1) |
In the
manner specified in divisions (O)(3), (4), (6), and (7) of this section, the
assessments required by division (A)(1) of section
3301.0710
of the Revised Code shall become public records pursuant to section
149.43
of the Revised Code on the thirty-first day of July following the school year
that the assessments were administered. |
| (2) |
The
department may field test proposed questions with samples of students to
determine the validity, reliability, or appropriateness of questions for
possible inclusion in a future year's assessment. The department also may use
anchor questions on assessments to ensure that different versions of the same
assessment are of comparable difficulty. Field test questions
and anchor questions shall not be considered in computing scores for individual
students. Field test questions and anchor questions may be included as part of
the administration of any assessment required by division (A)(1) or (B) of
section
3301.0710
and division (B) of section
3301.0712
of the Revised Code.
|
| (3) |
Any
field test question or anchor question administered under division (O)(2) of
this section shall not be a public record. Such field test questions and anchor
questions shall be redacted from any assessments which are released as a public
record pursuant to division (O)(1) of this section. |
| (4) |
This
division applies to the assessments prescribed by division (A) of section
3301.0710
of the Revised Code.
| (a) |
The
first administration of each assessment, as specified in former section
3301.0712
of the Revised Code, shall be a public record. |
| (b) |
For
subsequent administrations of each assessment prior to the 2011-2012 school
year, not less than forty per cent of the questions on the assessment that are
used to compute a student's score shall be a public record. The department
shall determine which questions will be needed for reuse on a future assessment
and those questions shall not be public records and shall be redacted from the
assessment prior to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted village
school district of the statewide academic standard adopted by the state board
under section
3301.079
of the Revised Code and the corresponding benchmark to which the question
relates. The preceding sentence does not apply to field test questions that are
redacted under division (O)(3) of this section. |
| (c) |
The
administrations of each assessment in the 2011-2012, 2012-2013, and 2013-2014
school years shall not be a public record. |
|
| (5) |
Each
assessment prescribed by division (B)(1) of section
3301.0710
of the Revised Code shall not be a public record. |
| (6) |
| (a) |
Except
as provided in division (O)(6)(b) of this section, for the administrations in
the 2014-2015, 2015-2016, and 2016-2017 school years, questions on the
assessments prescribed under division (A) of section
3301.0710
and division (B)(2) of section
3301.0712
of the Revised Code and the corresponding preferred answers that are used to
compute a student's score shall become a public record as follows:
| (i) |
Forty
per cent of the questions and preferred answers on the assessments on the
thirty-first day of July following the administration of the
assessment; |
| (ii) |
Twenty
per cent of the questions and preferred answers on the assessment on the
thirty-first day of July one year after the administration of the
assessment; |
| (iii) |
The
remaining forty per cent of the questions and preferred answers on the
assessment on the thirty-first day of July two years after the administration
of the assessment. The entire content
of an assessment shall become a public record within three years of its
administration. The department shall
make the questions that become a public record under this division readily
accessible to the public on the department's web site. Questions on the spring
administration of each assessment shall be released on an annual basis, in
accordance with this division.
|
|
| (b) |
No
questions and corresponding preferred answers shall become a public record
under division (O)(6) of this section after July 31, 2017. |
|
| (7) |
Division (O)(7) of this section applies to the assessments prescribed by
division (A) of section
3301.0710
and division (B)(2) of section
3301.0712
of the Revised Code. Beginning with the
assessments administered in the spring of the 2017-2018 school year, not less
than forty per cent of the questions on each assessment that are used to
compute a student's score shall be a public record. The department shall
determine which questions will be needed for reuse on a future assessment and
those questions shall not be public records and shall be redacted from the
assessment prior to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted village
school district of the corresponding statewide academic standard adopted by the
state board under section
3301.079
of the Revised Code and the corresponding benchmark to which the question
relates. The department is not required to provide corresponding standards and
benchmarks to field test questions that are redacted under division (O)(3) of
this section.
|
|
| (P) |
As used
in this section:
| (1) |
"Three-year average" means the average of the most recent consecutive three
school years of data. |
| (2) |
"Dropout" means a student who withdraws from school before completing course
requirements for graduation and who is not enrolled in an education program
approved by the state board of education or an education program outside the
state. "Dropout" does not include a student who has departed the
country. |
| (3) |
"Graduation rate" means the ratio of students receiving a diploma to the number
of students who entered ninth grade four years earlier. Students who transfer
into the district are added to the calculation. Students who transfer out of
the district for reasons other than dropout are subtracted from the
calculation. If a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the calculation as if
the student had entered ninth grade four years before the graduation year of
the graduating class that the student joins. |
| (4) |
"State
scholarship programs" means the educational choice scholarship pilot program
established under sections
3310.01 to
3310.17
of the Revised Code, the autism scholarship program established under section
3310.41
of the Revised Code, the Jon Peterson special needs scholarship program
established under sections
3310.51
to
3310.64 of the
Revised Code, and the pilot project scholarship program established under
sections
3313.974
to
3313.979
of the Revised Code. |
| (5) |
"Other
public school" means a community school established under Chapter 3314., a STEM
school established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code. |
|
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
132nd General Assembly File No. TBD, HB 21, §1,
eff. 9/28/2018.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed Provisions).
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 299, §1,
eff. 8/31/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. TBD, HB 367, §1,
eff. 3/23/2015.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 09-16-2004; 05-18-2005; 07-01-2006; 03-30-2007; 2007 HB119
06-30-2007; 2007 HB190 11-14-2007
| (A) |
The
state board of education, the superintendent of public instruction, and the
chancellor of higher education shall develop a system of college and work ready
assessments as described in division (B) of this section to assess whether each
student upon graduating from high school is ready to enter college or the
workforce. Beginning with students who enter the ninth grade for the first time
on or after July 1, 2014, the system shall replace the Ohio graduation tests
prescribed in division (B)(1) of section
3301.0710
of the Revised Code as a measure of student academic performance and one
determinant of eligibility for a high school diploma in the manner prescribed
by rule of the state board adopted under division (D) of this
section. |
| (B) |
The
college and work ready assessment system shall consist of the following:
| (1) |
Nationally standardized assessments that measure college and career readiness
and are used for college admission. The assessments shall be selected jointly
by the state superintendent and the chancellor, and one of which shall be
selected by each school district or school to administer to its students. The
assessments prescribed under division (B)(1) of this section shall be
administered to all eleventh-grade students in the spring of the school
year. |
| (2) |
| (a) |
Except as provided in division (B)(2)(b) of this
section, seven end-of-course examinations, one in each of the areas of
English language arts I, English language arts II, science, Algebra I,
geometry, American history, and American government. The end-of-course
examinations shall be selected jointly by the state superintendent and the
chancellor in consultation with faculty in the appropriate subject areas at
institutions of higher education of the university system of Ohio. Advanced
placement examinations and international baccalaureate examinations, as
prescribed under section
3313.6013
of the Revised Code, in the areas of science, American history, and American
government may be used as end-of-course examinations in accordance with
division (B)(4)(a)(i) of this section. Final course grades for courses taken
under any other advanced standing program, as prescribed under section
3313.6013
of the Revised Code, in the areas of science, American history, and American
government may be used in lieu of end-of-course examinations in accordance with
division (B)(4)(a)(ii) of this section. |
| (b) |
Beginning with students who enter ninth grade for the
first time on or after July 1, 2019, five end-of-course examinations, one in
each areas of English language arts II, science, Algebra I, American history,
and American government. However, only the end-of-course examinations in
English language arts II and Algebra I shall be required for graduation. The department of education shall, as necessary to implement
division (B)(2)(b) of this section, seek a waiver from the United States
secretary of education for testing requirements prescribed under federal law to
allow for the use and implementation of Algebra I as the primary assessment of
high school mathematics. If the department does not receive a waiver under this
division, the end-of-course examinations for students described in division
(B)(2)(b) of this section also shall include an end-of-course examination in
the area of geometry. However, the geometry end-of-course examination shall not
be required for graduation.
|
|
| (3) |
| (a) |
Not
later than July 1, 2013, each school district board of education shall adopt
interim end-of-course examinations that comply with the requirements of
divisions (B)(3)(b)(i) and (ii) of this section to assess mastery of American
history and American government standards adopted under division (A)(1)(b) of
section
3301.079
of the Revised Code and the topics required under division (M) of section
3313.603
of the Revised Code. Each high school of the district shall use the interim
examinations until the state superintendent and chancellor select end-of-course
examinations in American history and American government under division (B)(2)
of this section. |
| (b) |
Not
later than July 1, 2014, the state superintendent and the chancellor shall
select the end-of-course examinations in American history and American
government.
| (i) |
The
end-of-course examinations in American history and American government shall
require demonstration of mastery of the American history and American
government content for social studies standards adopted under division
(A)(1)(b) of section
3301.079
of the Revised Code and the topics required under division (M) of section
3313.603
of the Revised Code. |
| (ii) |
At
least twenty per cent of the end-of-course examination in American government
shall address the topics on American history and American government described
in division (M) of section
3313.603
of the Revised Code. |
|
|
| (4) |
| (a) |
Notwithstanding anything to the contrary in this section, beginning with the
2014-2015 school year, both of the following shall apply:
| (i) |
If a
student is enrolled in an appropriate advanced placement or international
baccalaureate course, that student shall take the advanced placement or
international baccalaureate examination in lieu of the science, American
history, or American government end-of-course examinations prescribed under
division (B)(2) of this section. The state board shall specify the score levels
for each advanced placement examination and international baccalaureate
examination for purposes of calculating the minimum cumulative performance
score that demonstrates the level of academic achievement necessary to earn a
high school diploma. |
| (ii) |
If a
student is enrolled in an appropriate course under any other advanced standing
program, as described in section
3313.6013
of the Revised Code, that student shall not be required to take the science,
American history, or American government end-of-course examination, whichever
is applicable, prescribed under division (B)(2) of this section. Instead, that
student's final course grade shall be used in lieu of the applicable
end-of-course examination prescribed under that section. The state
superintendent, in consultation with the chancellor, shall adopt guidelines for
purposes of calculating the corresponding final course grades that demonstrate
the level of academic achievement necessary to earn a high school diploma. Division
(B)(4)(a)(ii) of this section shall apply only to courses for which students
receive transcripted credit, as defined in section
3365.01
of the Revised Code. It shall not apply to remedial or developmental
courses.
|
|
| (b) |
No
student shall take a substitute examination or examination prescribed under
division (B)(4)(a) of this section in place of the end-of-course examinations
in English language arts I, English language arts II, Algebra I, or geometry
prescribed under division (B)(2) of this section. |
| (c) |
The
state board shall consider additional assessments that may be used, beginning
with the 2016-2017 school year, as substitute examinations in lieu of the
end-of-course examinations prescribed under division (B)(2) of this
section. |
|
| (5) |
The
state board shall do all of the following:
| (a) |
Determine and designate at least five ranges of scores on each of the
end-of-course examinations prescribed under division (B)(2) of this section,
and substitute examinations prescribed under division (B)(4) of this section.
Not later than sixty days after the designation of
ranges of scores, the state superintendent, or the state superintendent's
designee, shall conduct a public presentation before the standing committees of
the house of representatives and the senate that consider primary and secondary
education legislation regarding the designated range of scores. Each
range of scores shall be considered to demonstrate a level of achievement so
that any student attaining a score within such range has achieved one of the
following:
| (i) |
An
advanced level of skill; |
| (ii) |
An
accelerated level of skill; |
| (iii) |
A
proficient level of skill; |
| (iv) |
A
basic level of skill; |
| (v) |
A
limited level of skill. |
|
| (b) |
Determine a method by which to calculate a cumulative performance score based
on the results of a student's end-of-course examinations or substitute
examinations; |
| (c) |
Determine the minimum cumulative performance score that demonstrates the level
of academic achievement necessary to earn a high school diploma under division (A)(2)
of section
3313.618
of the Revised Code. However, the state board shall not determine a new minimum
cumulative performance score after the effective date of this
amendment. |
| (d) |
Develop
a table of corresponding score equivalents for the end-of-course examinations
and substitute examinations in order to calculate student performance
consistently across the different examinations. A score of two on an
advanced placement examination or a score of two or three on an international
baccalaureate examination shall be considered equivalent to a proficient level
of skill as specified under division (B)(5)(a)(iii) of this section.
|
|
| (6) |
| (a) |
A
student who meets both of the following conditions shall not be required to
take an end-of-course examination:
| (i) |
The
student received high school credit prior to July 1, 2015, for a course for
which the end-of-course examination is prescribed. |
| (ii) |
The
examination was not available for administration prior to July 1, 2015. Receipt of credit
for the course described in division (B)(6)(a)(i) of this section shall satisfy
the requirement to take the end-of-course examination. A student exempted under
division (B)(6)(a) of this section may take the applicable end-of-course
examination at a later date.
|
|
| (b) |
For
purposes of determining whether a student who is exempt from taking an
end-of-course examination under division (B)(6)(a) of this section has attained
the cumulative score prescribed by division (B)(5)(c) of this section, such
student shall select either of the following:
| (i) |
The
student is considered to have attained a proficient score on the end-of-course
examination from which the student is exempt; |
| (ii) |
The
student's final course grade shall be used in lieu of a score on the
end-of-course examination from which the student is exempt. The state
superintendent, in consultation with the chancellor, shall adopt guidelines for
purposes of calculating the corresponding final course grades and the minimum
cumulative performance score that demonstrates the level of academic
achievement necessary to earn a high school diploma.
|
|
|
| (7) |
| (a) |
Notwithstanding anything to the contrary in this section, the state board may
replace the algebra I end-of-course examination prescribed under division
(B)(2) of this section with an algebra II end-of-course examination, beginning
with the 2016-2017 school year for students who enter ninth grade on or after
July 1, 2016. |
| (b) |
If the
state board replaces the algebra I end-of-course examination with an algebra II
end-of-course examination as authorized under division (B)(7)(a) of this
section, both of the following shall apply:
| (i) |
A
student who is enrolled in an advanced placement or international baccalaureate
course in algebra II shall take the advanced placement or international
baccalaureate examination in lieu of the algebra II end-of-course
examination. |
| (ii) |
A
student who is enrolled in an algebra II course under any other advanced
standing program, as described in section
3313.6013
of the Revised Code, shall not be required to take the algebra II end-of-course
examination. Instead, that student's final course grade shall be used in lieu
of the examination. |
|
| (c) |
If a
school district or school utilizes an integrated approach to mathematics
instruction, the district or school may do either or both of the following:
| (i) |
Administer an integrated mathematics I end-of-course examination in lieu of the
prescribed algebra I end-of-course examination; |
| (ii) |
Administer an integrated mathematics II end-of-course examination in lieu of
the prescribed geometry end-of-course examination. |
|
|
| (8) |
| (a) |
For
students entering the ninth grade for the first time on or after July 1, 2014,
but prior to July 1, 2015, the assessment in the area of science shall be
physical science or biology. For students entering the ninth grade for the
first time on or after July 1, 2015, the assessment in the area of science
shall be biology. |
| (b) |
Until
July 1, 2019, the department
shall make available the end-of-course examination in physical science for
students who entered the ninth grade for the first time on or after July 1,
2014, but prior to July 1, 2015, and who wish to retake the
examination. |
| (c) |
Not
later than July 1, 2016, the state board shall adopt rules prescribing the
requirements for the end-of-course examination in science for students who
entered the ninth grade for the first time on or after July 1, 2014, but prior
to July 1, 2015, and who have not met the requirement prescribed by section
3313.618
of the Revised Code by July 1, 2019, due to a student's failure to satisfy
division (A)(2) of section
3313.618
of the Revised Code. |
|
| (9) |
Neither
the state board nor the department of education shall develop or administer an
end-of-course examination in the area of world history. |
| (10) |
Not later than March 1, 2020, the department, in
consultation with the chancellor and the governor's office of workforce
transformation, shall determine a competency score for both of the Algebra I
and English language arts II end-of-course examinations for the purpose of
graduation eligibility. |
|
| (C) |
The
state board shall convene a group of national experts, state experts, and local
practitioners to provide advice, guidance, and recommendations for the
alignment of standards and model curricula to the assessments and in the design
of the end-of-course examinations prescribed by this section. |
| (D) |
Upon
completion of the development of the assessment system, the state board shall
adopt rules prescribing all of the following:
| (1) |
A
timeline and plan for implementation of the assessment system, including a
phased implementation if the state board determines such a phase-in is
warranted; |
| (2) |
The
date after which a person shall meet the requirements of the entire assessment
system as a prerequisite for a diploma of adult education under section
3313.611
of the Revised Code; |
| (3) |
Whether
and the extent to which a person may be excused from an American history
end-of-course examination and an American government end-of-course examination
under division (H) of section
3313.61
and division (B)(3) of section
3313.612
of the Revised Code; |
| (4) |
The
date after which a person who has fulfilled the curriculum requirement for a
diploma but has not passed one or more of the required assessments at the time
the person fulfilled the curriculum requirement shall meet the requirements of
the entire assessment system as a prerequisite for a high school diploma under
division (B) of section
3313.614
of the Revised Code; |
| (5) |
The
extent to which the assessment system applies to students enrolled in a dropout
recovery and prevention program for purposes of division (F) of section
3313.603
and section
3314.36
of the Revised Code. |
|
| (E) |
Not
later than forty-five days prior to the state board's adoption of a resolution
directing the department to file the rules prescribed by division (D) of this
section in final form under section
119.04
of the Revised Code, the superintendent of public instruction shall present the
assessment system developed under this section to the respective committees of
the house of representatives and senate that consider education
legislation. |
| (F) |
| (1) |
Any
person enrolled in a nonchartered nonpublic school or any person who has been
excused from attendance at school for the purpose of home instruction under
section
3321.04 of
the Revised Code may choose to participate in the system of assessments
administered under divisions (B)(1) and (2) of this section. However, no such
person shall be required to participate in the system of assessments. |
| (2) |
The
department shall adopt rules for the administration and scoring of any
assessments under division (F)(1) of this section. |
|
| (G) |
Not
later than December 31, 2014, the state board shall select at least one
nationally recognized job skills assessment. Each school district shall
administer that assessment to those students who opt to take it. The state
shall reimburse a school district for the costs of administering that
assessment. The state board shall establish the minimum score a student must
attain on the job skills assessment in order to demonstrate a student's
workforce readiness and employability. The administration of the job skills
assessment to a student under this division shall not exempt a school district
from administering the assessments prescribed in division (B) of this section
to that student. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 299, §1,
eff. 8/31/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. TBD, HB 367, §1,
eff. 3/23/2015.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.91, SB 165,
§1, eff.
6/29/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
The department of education shall establish an education
management information system advisory council. The council shall make
recommendations to the superintendent of public instruction to improve the
operation of the education management information system established under
section
3301.0714
of the Revised Code and shall provide a forum for communication and
collaboration between the department and parties affected by the collection,
reporting, and use of the system's data. Members of the council shall include
department staff and representatives of school districts and other entities
that regularly interact with data from the education management information
system.
Added by
132nd General Assembly File No. TBD, HB 21, §1,
eff.
9/28/2018.
| (A) |
The
state board of education shall adopt rules for a statewide education management
information system. The rules shall require the state board to establish
guidelines for the establishment and maintenance of the system in accordance
with this section and the rules adopted under this section. The guidelines
shall include:
| (1) |
Standards identifying and defining the types of data in the system in
accordance with divisions (B) and (C) of this section; |
| (2) |
Procedures for annually collecting and reporting the data to the state board in
accordance with division (D) of this section; |
| (3) |
Procedures for annually compiling the data in accordance with division (G) of
this section; |
| (4) |
Procedures for annually reporting the data to the public in accordance with
division (H) of this section; |
| (5) |
Standards to provide strict safeguards to protect the confidentiality of
personally identifiable student data. |
|
| (B) |
The
guidelines adopted under this section shall require the data maintained in the
education management information system to include at least the following:
| (1) |
Student
participation and performance data, for each grade in each school district as a
whole and for each grade in each school building in each school district, that
includes:
| (a) |
The
numbers of students receiving each category of instructional service offered by
the school district, such as regular education instruction, vocational
education instruction, specialized instruction programs or enrichment
instruction that is part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial instruction.
The guidelines shall require instructional services under this division to be
divided into discrete categories if an instructional service is limited to a
specific subject, a specific type of student, or both, such as regular
instructional services in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in mathematics or some
other subject area, or instructional services for students with a specific type
of disability. The categories of instructional services required by the
guidelines under this division shall be the same as the categories of
instructional services used in determining cost units pursuant to division
(C)(3) of this section. |
| (b) |
The
numbers of students receiving support or extracurricular services for each of
the support services or extracurricular programs offered by the school
district, such as counseling services, health services, and extracurricular
sports and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories of services
used in determining cost units pursuant to division (C)(4)(a) of this
section. |
| (c) |
Average
student grades in each subject in grades nine through twelve; |
| (e) |
The
number of students designated as having a disabling condition pursuant to
division (C)(1) of section
3301.0711
of the Revised Code; |
| (f) |
The
numbers of students reported to the state board pursuant to division (C)(2) of
section
3301.0711
of the Revised Code; |
| (g) |
Attendance rates and the average daily attendance for the year. For purposes of
this division, a student shall be counted as present for any field trip that is
approved by the school administration. |
| (k) |
Rates
of retention in grade; |
| (l) |
For
pupils in grades nine through twelve, the average number of carnegie units, as
calculated in accordance with state board of education rules; |
| (m) |
Graduation rates, to be calculated in a manner specified by the department of
education that reflects the rate at which students who were in the ninth grade
three years prior to the current year complete school and that is consistent
with nationally accepted reporting requirements; |
| (n) |
Results
of diagnostic assessments administered to kindergarten students as required
under section
3301.0715
of the Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to report to the
department the results of any diagnostic assessment administered to a
kindergarten student, except for the language and reading assessment described
in division (A)(2) of section
3301.0715
of the Revised Code, if the parent of that student requests the district not to
report those results. |
| (o) |
Beginning on July
1, 2018, for each
disciplinary action which is required to be reported under division (B)(4) of
this section, districts and schools also shall include an identification of the
person or persons, if any, at whom the student's violent behavior that resulted
in discipline was directed. The person or persons shall be identified by the
respective classification at the district or school, such as student, teacher,
or nonteaching employee, but shall not be identified by name. Division (B)(1)(o)
of this section does not apply after the date that is two years following the
submission of the report required by Section
733.13
of H.B. 49 of the 132nd general assembly.
|
| (p) |
The number of students earning each state diploma seal
included in the system prescribed under division (A) of section 3313.6114 of
the Revised Code; |
| (q) |
The number of students demonstrating competency for
graduation using each option described in divisions (B)(1)(a) to (c) of section
3313.618
of the Revised Code; |
| (r) |
The number of students completing each foundational
and supporting option as part of the demonstration of competency for graduation
pursuant to division (B)(1)(b) of section
3313.618
of the Revised Code. |
|
| (2) |
Personnel and classroom enrollment data for each school district, including:
| (a) |
The
total numbers of licensed employees and nonlicensed employees and the numbers
of full-time equivalent licensed employees and nonlicensed employees providing
each category of instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of this
section. The guidelines adopted under this section shall require these
categories of data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a whole, for each
school building as a whole, and for each grade in each school
building. |
| (b) |
The
total number of employees and the number of full-time equivalent employees
providing each category of service used pursuant to divisions (C)(4)(a) and (b)
of this section, and the total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to division
(C)(4)(c) of this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school district as a
whole and, wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade in each school
building. |
| (c) |
The
total number of regular classroom teachers teaching classes of regular
education and the average number of pupils enrolled in each such class, in each
of grades kindergarten through five in the district as a whole and in each
school building in the school district. |
| (d) |
The
number of lead teachers employed by each school district and each school
building. |
|
| (3) |
| (a) |
Student
demographic data for each school district, including information regarding the
gender ratio of the school district's pupils, the racial make-up of the school
district's pupils, the number of
English learners in the district, and an appropriate
measure of the number of the school district's pupils who reside in
economically disadvantaged households. The demographic data shall be collected
in a manner to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division (B)(3) of this
section shall conform, where appropriate, to standard practices of agencies of
the federal government. |
| (b) |
With
respect to each student entering kindergarten, whether the student previously
participated in a public preschool program, a private preschool program, or a
head start program, and the number of years the student participated in each of
these programs. |
|
| (4) |
Any
data required to be collected pursuant to federal law. |
|
| (C) |
The
education management information system shall include cost accounting data for
each district as a whole and for each school building in each school district.
The guidelines adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually exclusive cost units
and shall require all of the costs of each school district to be divided among
the cost units. The guidelines shall require the system of mutually exclusive
cost units to include at least the following:
| (1) |
Administrative costs for the school district as a whole. The guidelines shall
require the cost units under this division (C)(1) to be designed so that each
of them may be compiled and reported in terms of average expenditure per pupil
in formula ADM in the school district, as determined pursuant to section
3317.03
of the Revised Code. |
| (2) |
Administrative costs for each school building in the school district. The
guidelines shall require the cost units under this division (C)(2) to be
designed so that each of them may be compiled and reported in terms of average
expenditure per full-time equivalent pupil receiving instructional or support
services in each building. |
| (3) |
Instructional services costs for each category of instructional service
provided directly to students and required by guidelines adopted pursuant to
division (B)(1)(a) of this section. The guidelines shall require the cost units
under division (C)(3) of this section to be designed so that each of them may
be compiled and reported in terms of average expenditure per pupil receiving
the service in the school district as a whole and average expenditure per pupil
receiving the service in each building in the school district and in terms of a
total cost for each category of service and, as a breakdown of the total cost,
a cost for each of the following components:
| (a) |
The
cost of each instructional services category required by guidelines adopted
under division (B)(1)(a) of this section that is provided directly to students
by a classroom teacher; |
| (b) |
The
cost of the instructional support services, such as services provided by a
speech-language pathologist, classroom aide, multimedia aide, or librarian,
provided directly to students in conjunction with each instructional services
category; |
| (c) |
The
cost of the administrative support services related to each instructional
services category, such as the cost of personnel that develop the curriculum
for the instructional services category and the cost of personnel supervising
or coordinating the delivery of the instructional services category. |
|
| (4) |
Support
or extracurricular services costs for each category of service directly
provided to students and required by guidelines adopted pursuant to division
(B)(1)(b) of this section. The guidelines shall require the cost units under
division (C)(4) of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per pupil
receiving the service in each building in the school district and in terms of a
total cost for each category of service and, as a breakdown of the total cost,
a cost for each of the following components:
| (a) |
The
cost of each support or extracurricular services category required by
guidelines adopted under division (B)(1)(b) of this section that is provided
directly to students by a licensed employee, such as services provided by a
guidance counselor or any services provided by a licensed employee under a
supplemental contract; |
| (b) |
The
cost of each such services category provided directly to students by a
nonlicensed employee, such as janitorial services, cafeteria services, or
services of a sports trainer; |
| (c) |
The
cost of the administrative services related to each services category in
division (C)(4)(a) or (b) of this section, such as the cost of any licensed or
nonlicensed employees that develop, supervise, coordinate, or otherwise are
involved in administering or aiding the delivery of each services
category. |
|
|
| (D) |
| (1) |
The
guidelines adopted under this section shall require school districts to collect
information about individual students, staff members, or both in connection
with any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The guidelines may also
require school districts to report information about individual staff members
in connection with any data required by division (B) or (C) of this section or
other reporting requirements established in the Revised Code. The guidelines
shall not authorize school districts to request social security numbers of
individual students. The guidelines shall prohibit the reporting under this
section of a student's name, address, and social security number to the state
board of education or the department of education. The guidelines shall also
prohibit the reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning the data
verification code required by division (D)(2) of this section, to any other
person unless such person is employed by the school district or the information
technology center operated under section
3301.075
of the Revised Code and is authorized by the district or technology center to
have access to such information or is employed by an entity with which the
department contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social security
numbers of individual staff members and the county of residence for a student.
Nothing in this section prohibits the state board of education or department of
education from providing a student's county of residence to the department of
taxation to facilitate the distribution of tax revenue. |
| (2) |
| (a) |
The
guidelines shall provide for each school district or community school to assign
a data verification code that is unique on a statewide basis over time to each
student whose initial Ohio enrollment is in that district or school and to
report all required individual student data for that student utilizing such
code. The guidelines shall also provide for assigning data verification codes
to all students enrolled in districts or community schools on the effective
date of the guidelines established under this section. The assignment of data
verification codes for other entities, as described in division (D)(2)(d) of
this section, the use of those codes, and the reporting and use of associated
individual student data shall be coordinated by the department in accordance
with state and federal law. School districts
shall report individual student data to the department through the information
technology centers utilizing the code. The entities described in division
(D)(2)(d) of this section shall report individual student data to the
department in the manner prescribed by the department.
|
| (b) |
| (i) |
Except
as provided in sections
3301.941,
3310.11,
3310.42,
3310.63,
3313.978,
and
3317.20
of the Revised Code, and in division (D)(2)(b)(ii) of this section, at no time
shall the state board or the department have access to information that would
enable any data verification code to be matched to personally identifiable
student data. |
| (ii) |
For
the purpose of making per-pupil payments to community schools under division
(C) of section
3314.08
of the Revised Code, the department shall have access to information that would
enable any data verification code to be matched to personally identifiable
student data. |
|
| (c) |
Each
school district and community school shall ensure that the data verification
code is included in the student's records reported to any subsequent school
district, community school, or state institution of higher education, as
defined in section
3345.011
of the Revised Code, in which the student enrolls. Any such subsequent district
or school shall utilize the same identifier in its reporting of data under this
section. |
| (d) |
The
director of any state agency that administers a publicly funded program
providing services to children who are younger than compulsory school age, as
defined in section
3321.01
of the Revised Code, including the directors of health, job and family
services, mental health and addiction services, and developmental disabilities,
shall request and receive, pursuant to sections
3301.0723
and 5123.0423 of the Revised Code, a
data verification code for a child who is receiving those services. |
|
|
| (E) |
The
guidelines adopted under this section may require school districts to collect
and report data, information, or reports other than that described in divisions
(A), (B), and (C) of this section for the purpose of complying with other
reporting requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education management
information system but are not required to be compiled as part of the profile
formats required under division (G) of this section or the annual statewide
report required under division (H) of this section. |
| (F) |
Beginning with the school year that begins July 1, 1991, the board of education
of each school district shall annually collect and report to the state board,
in accordance with the guidelines established by the board, the data required
pursuant to this section. A school district may collect and report these data
notwithstanding section
2151.357
or
3319.321 of the
Revised Code. |
| (G) |
The
state board shall, in accordance with the procedures it adopts, annually
compile the data reported by each school district pursuant to division (D) of
this section. The state board shall design formats for profiling each school
district as a whole and each school building within each district and shall
compile the data in accordance with these formats. These profile formats shall:
| (1) |
Include
all of the data gathered under this section in a manner that facilitates
comparison among school districts and among school buildings within each school
district; |
| (2) |
Present
the data on academic achievement levels as assessed by the testing of student
achievement maintained pursuant to division (B)(1)(d) of this
section. |
|
| (H) |
| (1) |
The
state board shall, in accordance with the procedures it adopts, annually
prepare a statewide report for all school districts and the general public that
includes the profile of each of the school districts developed pursuant to
division (G) of this section. Copies of the report shall be sent to each school
district. |
| (2) |
The
state board shall, in accordance with the procedures it adopts, annually
prepare an individual report for each school district and the general public
that includes the profiles of each of the school buildings in that school
district developed pursuant to division (G) of this section. Copies of the
report shall be sent to the superintendent of the district and to each member
of the district board of education. |
| (3) |
Copies
of the reports received from the state board under divisions (H)(1) and (2) of
this section shall be made available to the general public at each school
district's offices. Each district board of education shall make copies of each
report available to any person upon request and payment of a reasonable fee for
the cost of reproducing the report. The board shall annually publish in a
newspaper of general circulation in the school district, at least twice during
the two weeks prior to the week in which the reports will first be available, a
notice containing the address where the reports are available and the date on
which the reports will be available. |
|
| (I) |
Any
data that is collected or maintained pursuant to this section and that
identifies an individual pupil is not a public record for the purposes of
section
149.43
of the Revised Code. |
| (J) |
As used
in this section:
| (1) |
"School
district" means any city, local, exempted village, or joint vocational school
district and, in accordance with section
3314.17
of the Revised Code, any community school. As used in division (L) of this
section, "school district" also includes any educational service center or
other educational entity required to submit data using the system established
under this section. |
| (2) |
"Cost"
means any expenditure for operating expenses made by a school district
excluding any expenditures for debt retirement except for payments made to any
commercial lending institution for any loan approved pursuant to section
3313.483
of the Revised Code. |
|
| (K) |
Any
person who removes data from the information system established under this
section for the purpose of releasing it to any person not entitled under law to
have access to such information is subject to section
2913.42 of
the Revised Code prohibiting tampering with data. |
| (L) |
| (1) |
In
accordance with division (L)(2) of this section and the rules adopted under
division (L)(10) of this section, the department of education may sanction any
school district that reports incomplete or inaccurate data, reports data that
does not conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise does not make
a good faith effort to report data as required by this section. |
| (2) |
If the
department decides to sanction a school district under this division, the
department shall take the following sequential actions:
| (a) |
Notify
the district in writing that the department has determined that data has not
been reported as required under this section and require the district to review
its data submission and submit corrected data by a deadline established by the
department. The department also may require the district to develop a
corrective action plan, which shall include provisions for the district to
provide mandatory staff training on data reporting procedures. |
| (b) |
Withhold up to ten per cent of the total amount of state funds due to the
district for the current fiscal year and, if not previously required under
division (L)(2)(a) of this section, require the district to develop a
corrective action plan in accordance with that division; |
| (c) |
Withhold an additional amount of up to twenty per cent of the total amount of
state funds due to the district for the current fiscal year; |
| (d) |
Direct
department staff or an outside entity to investigate the district's data
reporting practices and make recommendations for subsequent actions. The
recommendations may include one or more of the following actions:
| (i) |
Arrange
for an audit of the district's data reporting practices by department staff or
an outside entity; |
| (ii) |
Conduct a site visit and evaluation of the district; |
| (iii) |
Withhold an additional amount of up to thirty per cent of the total amount of
state funds due to the district for the current fiscal year; |
| (iv) |
Continue monitoring the district's data reporting; |
| (v) |
Assign
department staff to supervise the district's data management system; |
| (vi) |
Conduct an investigation to determine whether to suspend or revoke the license
of any district employee in accordance with division (N) of this
section; |
| (vii) |
If
the district is issued a report card under section
3302.03
of the Revised Code, indicate on the report card that the district has been
sanctioned for failing to report data as required by this section; |
| (viii) |
If
the district is issued a report card under section
3302.03
of the Revised Code and incomplete or inaccurate data submitted by the district
likely caused the district to receive a higher performance rating than it
deserved under that section, issue a revised report card for the
district; |
| (ix) |
Any
other action designed to correct the district's data reporting
problems. |
|
|
| (3) |
Any
time the department takes an action against a school district under division
(L)(2) of this section, the department shall make a report of the circumstances
that prompted the action. The department shall send a copy of the report to the
district superintendent or chief administrator and maintain a copy of the
report in its files. |
| (4) |
If any
action taken under division (L)(2) of this section resolves a school district's
data reporting problems to the department's satisfaction, the department shall
not take any further actions described by that division. If the department
withheld funds from the district under that division, the department may
release those funds to the district, except that if the department withheld
funding under division (L)(2)(c) of this section, the department shall not
release the funds withheld under division (L)(2)(b) of this section and, if the
department withheld funding under division (L)(2)(d) of this section, the
department shall not release the funds withheld under division (L)(2)(b) or (c)
of this section. |
| (5) |
Notwithstanding anything in this section to the contrary, the department may
use its own staff or an outside entity to conduct an audit of a school
district's data reporting practices any time the department has reason to
believe the district has not made a good faith effort to report data as
required by this section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a district has not
made a good faith effort to report data as required by this section, the
district shall reimburse the department for the full cost of the audit. The
department may withhold state funds due to the district for this
purpose. |
| (6) |
Prior
to issuing a revised report card for a school district under division
(L)(2)(d)(viii) of this section, the department may hold a hearing to provide
the district with an opportunity to demonstrate that it made a good faith
effort to report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the information
provided in the hearing, the referee shall recommend whether the department
should issue a revised report card for the district. If the referee affirms the
department's contention that the district did not make a good faith effort to
report data as required by this section, the district shall bear the full cost
of conducting the hearing and of issuing any revised report card. |
| (7) |
If the
department determines that any inaccurate data reported under this section
caused a school district to receive excess state funds in any fiscal year, the
district shall reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department. The department
may withhold state funds due to the district for this purpose. |
| (8) |
Any
school district that has funds withheld under division (L)(2) of this section
may appeal the withholding in accordance with Chapter 119. of the Revised
Code. |
| (9) |
In all
cases of a disagreement between the department and a school district regarding
the appropriateness of an action taken under division (L)(2) of this section,
the burden of proof shall be on the district to demonstrate that it made a good
faith effort to report data as required by this section. |
| (10) |
The
state board of education shall adopt rules under Chapter 119. of the Revised
Code to implement division (L) of this section. |
|
| (M) |
No
information technology center or school district shall acquire, change, or
update its student administration software package to manage and report data
required to be reported to the department unless it converts to a student
software package that is certified by the department. |
| (N) |
The
state board of education, in accordance with sections
3319.31
and
3319.311 of the
Revised Code, may suspend or revoke a license as defined under division (A) of
section
3319.31
of the Revised Code that has been issued to any school district employee found
to have willfully reported erroneous, inaccurate, or incomplete data to the
education management information system. |
| (O) |
No
person shall release or maintain any information about any student in violation
of this section. Whoever violates this division is guilty of a misdemeanor of
the fourth degree. |
| (P) |
The
department shall disaggregate the data collected under division (B)(1)(n) of
this section according to the race and socioeconomic status of the students
assessed. |
| (Q) |
If the
department cannot compile any of the information required by division (H) of
section
3302.03
of the Revised Code based upon the data collected under this section, the
department shall develop a plan and a reasonable timeline for the collection of
any data necessary to comply with that division. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
131st General Assembly File No. TBD, HB 483, §101.01, eff.
10/12/2016.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.126, HB 386,
§1, eff.
6/11/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.15, HB 290,
§1, eff.
12/28/2010.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 07-01-2006; 03-30-2006; 07-11-2006; 03-30-2007; 2007 HB119
09-29-2007; 2008 HB562 09-22-2008
| (A) |
Except as
required under division (B)(1) of section
3313.608
or as specified in division (D)(3) of section
3301.079
of the Revised Code, the board of education of each city, local, and exempted
village school district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079
of the Revised Code to the following:
| (1) |
Any
student who transfers into the district or to a different school within the
district if each applicable diagnostic assessment was not administered by the
district or school the student previously attended in the current school year,
within thirty days after the date of transfer. If the district or school into
which the student transfers cannot determine whether the student has taken any
applicable diagnostic assessment in the current school year, the district or
school may administer the diagnostic assessment to the student. However, if a
student transfers into the district prior to the administration of the
diagnostic assessments to all students under division (B) of this section, the
district may administer the diagnostic assessments to that student on the date
or dates determined under that division. |
| (2) |
Each kindergarten student, not earlier than the first day of the school year
and not later than the first day of November. However, a board of education may
administer the selected response and performance task items portion of the
diagnostic assessment up to two weeks prior to the first day of the school
year. For the purpose of
division (A)(2) of this section, the district shall administer the kindergarten
readiness assessment provided by the department of education. In no case shall
the results of the readiness assessment be used to prohibit a student from
enrolling in kindergarten.
|
| (3) |
Each student enrolled in first, second, or third grade. Division (A) of this
section does not apply to students with significant cognitive disabilities, as
defined by the department of education.
|
|
| (B) |
Each district board shall administer each diagnostic assessment when the board
deems appropriate, provided the administration complies with section
3313.608
of the Revised Code. However, the board shall administer any diagnostic
assessment at least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment in the fall
and spring of a school year to measure the amount of academic growth
attributable to the instruction received by students during that school
year. |
| (C) |
Any district
that received a grade of "A" or "B" for the performance index score under
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section
3302.03
of the Revised Code or for the value-added progress dimension under division
(A)(1)(e), (B)(1)(e), or (C)(1)(e) of section
3302.03
of the Revised Code for the immediately preceding school year may use different
diagnostic assessments from those adopted under division (D) of section
3301.079
of the Revised Code in order to satisfy the requirements of division (A)(3) of
this section. |
| (D) |
Each
district board shall utilize and score any diagnostic assessment administered
under division (A) of this section in accordance with rules established by the
department. After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic assessment, the results
of such assessment, and any other accompanying documents used during the
administration of the assessment to the parent of that student, and shall
include all such documents and information in any plan developed for the
student under division (C) of section
3313.608
of the Revised Code. Each district shall submit to the department, in the
manner the department prescribes, the results of the diagnostic assessments
administered under this section, regardless of the type of assessment used
under section
3313.608
of the Revised Code. The department may issue reports with respect to the data
collected. The department may report school and district level kindergarten
diagnostic assessment data and use diagnostic assessment data to calculate the
measure prescribed by divisions (B)(1)(g) and (C)(1)(g) of section
3302.03
of the Revised Code. |
| (E) |
Each
district board shall provide intervention services to students whose diagnostic
assessments show that they are failing to make satisfactory progress toward
attaining the academic standards for their grade level. |
| (F) |
Beginning in the 2018-2019 school year, any chartered nonpublic school may
elect to administer the kindergarten readiness assessment to all kindergarten
students enrolled in the school. If the school so elects, the chief
administrator of the school shall notify the superintendent of public
instruction not later than the thirty-first day of March prior to any school
year in which the school will administer the assessment. The department shall
furnish the assessment to the school at no cost to the school. In administering
the assessment, the school shall do all of the following:
| (1) |
Enter into a written agreement with the department specifying that the school
will share each participating student's assessment data with the department
and, that for the purpose of reporting the data to the department, each
participating student will be assigned a data verification code as described in
division (D)(2) of section
3301.0714
of the Revised Code; |
| (2) |
Require the
assessment to be administered by a teacher certified under section
3301.071
of the Revised Code who either has completed training on administering the
kindergarten readiness assessment provided by the department or has been
trained by another person who has completed such training; |
| (3) |
Administer the assessment in the same manner as school districts are required
to do under this section and the rules established under division (D) of this
section. |
|
| (G) |
Beginning in the 2019-2020 school year, a school
district in which less than eighty per cent of its students score at the
proficient level or higher on the third-grade English language arts assessment
prescribed under section
3301.0710
of the Revised Code shall establish a reading improvement plan supported by
reading specialists. Prior to implementation, the plan shall be approved by the
school district board of education. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
6/29/2017.
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
130th General Assembly File No. TBD, HB 367, §1,
eff. 3/23/2015.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 09-29-2005; 03-30-2007; 2008 HB420 12-30-2008.
Notwithstanding
division (D) of section
3301.0714 of the Revised Code, the
department of education may have access to personally identifiable information
about any student under the following circumstances:
| (A) |
An entity with which the department contracts for
the scoring of assessments administered under section
3301.0711 or
3301.0712 of the Revised Code has
notified the department that the student's written response to a question on
an
assessment included threats or descriptions of harm to another person or
the student's self and the information is necessary to enable the department to
identify the student for purposes of notifying the school district or school in
which the student is enrolled of the potential for harm. |
| (B) |
The department requests the information to respond
to an appeal from a school district or school for verification of the accuracy
of the student's score on an assessment administered under section
3301.0711 or
3301.0712 of the Revised Code.
|
| (C) |
The department requests the information to
determine whether the student satisfies the alternative conditions for a high
school diploma prescribed in section
3313.615 of the Revised Code.
|
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 03-30-2007
.
In addition to the duties imposed on it by law, the state board
of education shall establish and submit to the governor and the general
assembly a clear and measurable set of goals with specific timetables for their
achievement. The goals shall be established for programs designed to
accomplish:
| (A) |
A reduction in rates
of retention in grade; |
| (B) |
Reductions in the need for remedial courses; |
| (C) |
Reductions in the student dropout rate; |
| (D) |
Improvements in scores on standardized
tests; |
| (E) |
Increases in
satisfactory completion of high school achievement tests; |
| (F) |
Increases in American college test scores;
|
| (G) |
Increases in the rate of
college entry; |
| (H) |
Reductions in
the need for remedial courses for first-year college students. In July of each
odd-numbered year, the state board of education shall submit a report on
progress made toward these goals to the governor and the general assembly.
|
Effective Date:
09-11-2001.
The state
board of education shall not adopt or revise any
standards or curriculum in the area of health unless, by concurrent resolution,
the standards, curriculum, or revisions are approved by both houses of the
general assembly. Before the house of representatives or senate votes on a
concurrent resolution approving health standards, curriculum, or revisions, its
standing committee having jurisdiction over education legislation shall conduct
at least one public hearing on the standards, curriculum, or revisions.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
09-11-2001; 2007 HB119 09-29-2007
| (A) |
As used in this section, "business education"
includes, but is not limited to, accounting, career development, economics and
personal finance, entrepreneurship, information technology, management, and
marketing. |
| (B) |
The state board of education shall adopt standards for
business education in grades seven through twelve. The standards shall
incorporate existing business education standards as appropriate to help guide
instruction in the state's schools. The department shall provide the standards,
and any revisions of the standards, to all school districts, community schools
established under Chapter 3314. of the Revised Code, and STEM schools
established under Chapter 3326. of the Revised Code. Any school district,
community school or STEM school may utilize the standards. Standards adopted
under this division shall supplement, and not supersede, academic content
standards adopted under section
3301.079 of the Revised
Code. |
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
The state board of education shall recommend all of the
following to school districts in connection with the teaching of secondary
school sciences:
| (A) |
A suggested
curriculum for the teaching of chemistry, physics, biology, and whatever
additional sciences the state board may select; |
| (B) |
Lists of minimum supplies and equipment necessary
for the teaching of each science for which a curriculum is suggested under
division (A) of this section, with special emphasis on recommended safety
equipment; |
| (C) |
Acquisition and
replacement schedules for the supplies and equipment listed under division (B)
of this section. The schedules shall ensure availability of at least minimum
inventories in every high school. |
| (D) |
Suggested safety procedures, including all of the
following:
| (1) |
Training for students and
teachers in the safe handling and use of hazardous and potentially hazardous
materials and equipment; |
| (2) |
Methods of safely storing and disposing of hazardous and potentially hazardous
materials; |
| (3) |
Provisions for a
biennial assessment of each high school's safety equipment and procedures by
someone other than the school personnel directly responsible for them, and
recommended procedures for making the results of any assessment available to
the public. |
|
Effective Date:
06-03-1992.
| (A) |
As used in this section:
| (1) |
"Education management information system" means the
integrated system of statewide data collecting, reporting, and compiling for
school districts and schools prescribed under section
3301.0714
of the Revised Code. |
| (2) |
"EMIS guidelines" means any guidance issued by the
department of education containing the student, staff, and financial
information to be collected and reported, along with data-element definitions,
procedures, and guidelines necessary to implement the education management
information system. |
|
| (B) |
Not later than June 1, 2021, the department shall
develop a procedure that permits users of the education management information
system to review and provide comment on new or updated EMIS guidelines. The
procedure shall satisfy all of the following conditions:
| (1) |
The department shall post a copy of the proposed new
or updated EMIS guidelines on the department's web site. The department shall
solicit comment from EMIS users on the proposed guidelines for thirty
consecutive days. |
| (2) |
The department shall respond to comments provided by
users and may revise the proposed new or updated EMIS guidelines based on
comments provided by users within thirty consecutive days after the comment
period closes. |
| (3) |
The department shall post the final new or updated
EMIS guidelines on its web site at the end of the response period for thirty
consecutive days for a final review by EMIS users. The new or updated
guidelines shall take effect after that period ends. |
|
| (C) |
Except as provided in division (D) of this section, if
the department develops new or updated EMIS guidelines to implement a program,
initiative, or policy, the department shall use the procedures prescribed under
division (B) of this section. For any such new or updated guidelines proposed
to be effective for the 2021-2022 school year, the department shall initiate
the procedures not later than June 15, 2021. For any such new or updated
guidelines proposed to be effective for a subsequent school year, the
department shall initiate the procedures not later than the fifteenth day of
May immediately prior to the beginning of that school year. |
| (D) |
On and after June 1, 2021, the department shall use
the procedure prescribed under division (B) of this section for any new or
updated EMIS guidelines developed by the department for the purposes of
implementing any of the following:
| (1) |
A newly enacted state or federal law; |
| (2) |
A new or updated federal rule; |
| (3) |
A rule or resolution adopted by the state board of
education. |
|
| (E) |
The department shall not be required to use the
procedure prescribed under division (B) of this section when issuing any of the
following:
| (1) |
Updated EMIS guidelines to address issues that are not
substantive, such as correcting grammatical errors; |
| (2) |
Updated EMIS guidelines to address unforeseen
technical errors; |
| (3) |
Supplemental documents regarding EMIS guidelines and
the education management information system, including documents that do any of
the following:
| (a) |
Clarify the implementation of EMIS
guidelines; |
| (b) |
Answer questions submitted by users of the education
management system; |
| (c) |
Provide training regarding the education management
information system. |
|
|
| (F) |
Additionally, the department shall establish both of
the following:
| (1) |
Uniform guidance for career-technical planning
districts and information technology centers established under section
3301.075
of the Revised Code regarding the education management information system and
EMIS guidelines for career-technical planning districts; |
| (2) |
Uniform training programs for all personnel employed
by the department to administer the education management information
system. |
|
Added by
133rd General Assembly File No. TBD, SB 89, §1,
eff.
3/2/2021.
The state board of education shall appoint the superintendent
of public instruction, who shall serve at the pleasure of the board. The board
shall fix the compensation for the position of superintendent of public
instruction. The superintendent of public instruction, while holding such
office, shall not hold any other office or position of employment, or be an
officer or employee of any public or private school, or a public or private
college, university, or other institution of higher education. The
superintendent may, in the conduct of the superintendent's official duties,
travel within or without the state, and the superintendent's necessary and
actual expenses therefor when properly verified shall be paid by the state. No
one who is interested financially in any book publishing or book selling
company, firm, or corporation, shall be eligible to appointment as
superintendent of public instruction. If a superintendent becomes interested
financially in any book publishing or book selling company, firm, or
corporation, said superintendent shall forthwith be removed from office by the
state board. The interest of a person as author of a book shall not be
improper, provided such book is not one offered for use by pupils in the public
schools of Ohio.
Effective Date:
03-30-1999.
The superintendent of public instruction shall serve as
secretary to the state board of education, and shall attend all meetings of the
board, or designate a subordinate to attend for him if he is unable to be
present, except at such times as the board is considering the employment,
retention, or salary of the superintendent of public instruction.
Effective Date:
01-03-1956.
The superintendent of
public instruction shall be a member of the board of trustees of the Ohio
history connection, in addition to the members
constituting such board.
Amended by
131st General Assembly File No. TBD, HB 141, §1,
eff. 9/29/2015.
Effective Date: 01-03-1956
.
Effective Date:
12-23-1986.
The superintendent of public instruction shall be the executive
and administrative officer of the state board of education in its
administration of all educational matters and functions placed under its
management and control. He shall execute, under the direction of the state
board of education, the educational policies, orders, directives, and
administrative functions of the board, and shall direct, under rules and
regulations adopted by the board, the work of all persons employed in the state
department of education. Upon the request of the state board of education, the
superintendent of public instruction shall report to the board on any matter.
Effective Date:
07-01-1993.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
09-29-1995.
| (A) |
The superintendent of public instruction in
addition to the authority otherwise imposed on the superintendent, shall
perform the following duties:
| (1) |
The superintendent shall provide technical and professional assistance and
advice to all school districts in reference to all aspects of education,
including finance, buildings and equipment, administration, organization of
school districts, curriculum and instruction, transportation of pupils,
personnel problems, and the interpretation of school laws and state
regulations. |
| (2) |
The
superintendent shall prescribe and require the preparation and filing of such
financial and other reports from school districts, officers, and employees as
are necessary or proper. The superintendent shall prescribe and require the
installation by school districts of such standardized reporting forms and
accounting procedures as are essential to the businesslike operations of the
public schools of the state. |
| (3) |
The superintendent shall conduct such studies and research projects as are
necessary or desirable for the improvement of public school education in Ohio,
and such as may be assigned to the superintendent by the state board of
education. Such studies and projects may include analysis of data contained in
the education management information system established under section
3301.0714 of the Revised Code. For
any study or project that requires the analysis of individual student data, the
department of education or any entity with which the superintendent or
department contracts to conduct the study or project shall maintain the
confidentiality of student data at all times. For this purpose, the department
or contracting entity shall use the data verification code assigned pursuant to
division (D)(2) of section
3301.0714 of the Revised Code for
each student whose data is analyzed. Except as otherwise provided in division
(D)(1) of section
3301.0714 of the Revised Code, at
no time shall the superintendent, the department, the state board of education,
or any entity conducting a study or research project on the superintendent's
behalf have access to a student's name, address, or social security number
while analyzing individual student data. |
| (4) |
The superintendent shall prepare and submit annually to the state board of
education a report of the activities of the department of education and the
status, problems, and needs of education in the state of Ohio. |
| (5) |
The superintendent shall supervise all agencies over which the board exercises
administrative control, including schools for education of persons with
disabilities. |
| (6) |
In accordance
with section
3333.048 of the Revised Code, the
superintendent, jointly with the chancellor of the Ohio board of regents, shall
establish metrics and courses of study for institutions of higher education
that prepare educators and other school personnel and shall provide for
inspection of those institutions. |
|
| (B) |
The superintendent of public instruction may
annually inspect and analyze the expenditures of each school district and make
a determination as to the efficiency of each district's costs, relative to
other school districts in the state, for instructional, administrative, and
student support services. The superintendent shall notify each school district
as to the nature of, and reasons for, the determination. The state board of
education shall adopt rules in accordance with Chapter 119. of the Revised Code
setting forth the procedures and standards for the performance of the
inspection and analysis. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
07-01-1993; 09-29-2005; 2007 HB119 09-29-2007.
| (A) |
In
addition to the duties and responsibilities of the superintendent of public
instruction set forth in section
3301.12 of the Revised Code, the
superintendent, in accordance with this section and section
3313.662 of the Revised Code,
shall conduct an adjudication procedure to determine whether to permanently
exclude from attending any of the public schools of this state any pupil who is
the subject of a resolution forwarded to the superintendent by a board of
education pursuant to division (D) of section
3313.662 of the Revised Code.
|
| (B) |
| (1) |
Except as provided in division (B)(3) of this
section, within fourteen days after receipt of a resolution forwarded by a
board of education pursuant to division (D) of section
3313.662 of the Revised Code, the
superintendent of public instruction or the superintendent's designee shall
provide the pupil who is the subject of the resolution and that pupil's parent,
guardian, or custodian with a notice of an opportunity for an adjudication
hearing on the proposed permanent exclusion of the pupil from attending any of
the public schools of this state. The notice shall include all of the
following:
| (a) |
The date, time, and place of
the permanent exclusion adjudication hearing; |
| (b) |
A statement informing the pupil and the
pupil's parent, guardian, or custodian that the pupil may attend the
adjudication hearing at the date, time, and place set forth in the notice, that
the failure of the pupil or the pupil's parent, guardian, or custodian to
attend the adjudication hearing will result in a waiver of the pupil's right to
present evidence, testimony, and factors in mitigation of the pupil's permanent
exclusion at an adjudication hearing on the proposed permanent exclusion, and
that the pupil shall be accorded all of the following rights:
| (i) |
The right to testify, to present evidence
and the testimony of witnesses, and to confront, cross-examine, and compel the
attendance of witnesses; |
| (ii) |
The
right to a record of the hearing; |
| (iii) |
The right to written findings.
|
|
| (c) |
A statement informing
the pupil and the pupil's parent, guardian, or custodian that the pupil has the
right to be represented by counsel at the adjudication hearing. |
| (d) |
A statement informing the pupil and the
pupil's parent, guardian, or custodian that, if the pupil by failing to attend
the hearing waives the pupil's right to present evidence, testimony, and
factors in mitigation of the pupil's permanent exclusion at an adjudication
hearing on the proposed permanent exclusion, the superintendent is required to
review the information relevant to the permanent exclusion that is available to
the superintendent and is permitted to enter an order requiring the pupil's
permanent exclusion from attending any of the public schools of this state at
any time within seven days after the conclusion of the adjudication hearing.
|
|
| (2) |
The superintendent
or the superintendent's designee shall provide the notice required by division
(B)(1) of this section to the pupil and to the pupil's parent, guardian, or
custodian by certified mail or personal service. |
| (3) |
| (a) |
If a pupil
who is the subject of a resolution forwarded to the superintendent of public
instruction by a board of education pursuant to section
3313.662 of the Revised Code is in
the custody of the department of youth services pursuant to a disposition under
any provision of Chapter 2152. of the Revised Code, other than division
(A)(1)(a) of section
2152.16 of the Revised Code, at
the time the resolution is forwarded, the department shall notify in writing
the superintendent of public instruction and the board of education that
forwarded the resolution of that fact. Upon receipt of the notice, the
superintendent shall delay providing the notice required by division (B)(1) of
this section and the adjudication of the request for permanent exclusion until
the superintendent receives further notice from the department pursuant to
division (B)(3)(b) of this section. |
| (b) |
At least sixty days before a pupil described in
division (B)(3)(a) of this section will be released from institutionalization
or institutionalization in a secure facility by the department of youth
services, the department shall notify in writing the superintendent of public
instruction and the board of education that forwarded the resolution pursuant
to section
3313.662 of the Revised Code of
the impending release and shall provide in that notice information regarding
the extent of the education the pupil received while in the custody of the
department, including whether the pupil has obtained a certificate of high
school equivalence. If the pupil has not obtained a certificate of high school
equivalence while in the custody of the department of youth services, the
superintendent of public instruction shall provide the notice required by
division (B)(1) of this section and, at least thirty days before the pupil is
to be released from institutionalization or institutionalization in a secure
facility, conduct an adjudication procedure to determine whether to permanently
exclude the pupil from attending the public schools of this state in accordance
with this section. If the pupil has obtained a certificate of high school
equivalence while in the custody of the department, the superintendent, in the
superintendent's discretion, may conduct the adjudication. |
|
|
| (C) |
| (1) |
Except as provided in division (B)(3) of this
section, the date of the adjudication hearing set forth in the notice required
by division (B)(1) of this section shall be a date no less than fourteen days
nor more than twenty-one days from the date the superintendent sends the notice
by certified mail or initiates personal service of the notice. |
| (2) |
The superintendent, for good cause shown
on the written request of the pupil or the pupil's parent, guardian, or
custodian, or on the superintendent's own motion, may grant reasonable
continuances of any adjudication hearing held under this section but shall not
grant either party total continuances in excess of ten days. |
| (3) |
If a pupil or the pupil's parent,
guardian, or custodian does not appear at the adjudication hearing on a
proposed permanent exclusion, the superintendent or the referee appointed by
the superintendent shall proceed to conduct an adjudication hearing on the
proposed permanent exclusion on the date for the adjudication hearing that is
set forth in the notice provided pursuant to division (B)(1) of this section or
on the date to which the hearing was continued pursuant to division (C)(2) of
this section. |
|
| (D) |
| (1) |
The superintendent or a referee
appointed by the superintendent may conduct an adjudication hearing to
determine whether to permanently exclude a pupil in one of the following
counties:
| (a) |
The county in which the
superintendent holds the superintendent's office; |
| (b) |
Upon the request of the pupil or the
pupil's parent, guardian, custodian, or attorney, in the county in which the
board of education that forwarded the resolution requesting the permanent
exclusion is located if the superintendent, in the superintendent's discretion
and upon consideration of evidence of hardship presented on behalf of the
requesting pupil, determines that the hearing should be conducted in that
county. |
|
| (2) |
The
superintendent of public instruction or a referee appointed by the
superintendent shall conduct an adjudication hearing on a proposed permanent
exclusion of a pupil. The referee may be an attorney admitted to the practice
of law in this state but shall not be an attorney that represents the board of
education that forwarded the resolution requesting the permanent exclusion.
|
| (3) |
The superintendent or referee
who conducts an adjudication hearing under this section may administer oaths,
issue subpoenas to compel the attendance of witnesses and evidence, and enforce
the subpoenas by a contempt proceeding in the court of common pleas as provided
by law. The superintendent or referee may require the separation of witnesses
and may bar from the proceedings any person whose presence is not essential to
the proceedings. |
| (4) |
The
superintendent of public instruction shall request the department of
rehabilitation and correction, the sheriff, the department of youth services,
or any publicly funded out-of-home care entity that has legal custody of a
pupil who is the subject of an adjudication hearing held pursuant to this
section to transport the pupil to the place of the adjudication hearing at the
time and date set for the hearing. The department, sheriff, or publicly funded
out-of-home care entity that receives the request shall provide transportation
for the pupil who is the subject of the adjudication hearing to the place of
the hearing at the time and date set for the hearing. The department, sheriff,
or entity shall pay the cost of transporting the pupil to and from the hearing.
|
|
| (E) |
| (1) |
An adjudication hearing held pursuant to this
section shall be adversary in nature, shall be conducted fairly and
impartially, and may be conducted without the formalities of a criminal
proceeding. A pupil whose permanent exclusion is being adjudicated has the
right to be represented by counsel at the adjudication hearing. If the pupil
has the financial capacity to retain counsel, the superintendent or the referee
is not required to provide counsel for the pupil. At the adjudication hearing,
the pupil also has the right to cross-examine witnesses against the pupil, to
testify, to present evidence and the testimony of witnesses on the pupil's
behalf, and to raise factors in mitigation of the pupil's being permanently
excluded. |
| (2) |
In an adjudication
hearing held pursuant to this section and section
3313.662 of the Revised Code, a
representative of the school district of the board of education that adopted
and forwarded the resolution requesting the permanent exclusion of the pupil
shall present the case for permanent exclusion to the superintendent or the
referee. The representative of the school district may be an attorney admitted
to the practice of law in this state. At the adjudication hearing, the
representative of the school district shall present evidence in support of the
requested permanent exclusion. The superintendent or the superintendent's
designee shall consider the entire school record of the pupil who is the
subject of the adjudication and shall consider any of the following information
that is available:
| (a) |
The academic record of
the pupil and a record of any extracurricular activities in which the pupil
previously was involved; |
| (b) |
The
disciplinary record of the pupil and any available records of the pupil's prior
behavioral problems other than the behavioral problems contained in the
disciplinary record; |
| (c) |
The social
history of the pupil; |
| (d) |
The
pupil's response to the imposition of prior discipline and sanctions imposed
for behavioral problems; |
| (e) |
Evidence regarding the seriousness of and any aggravating factors related to
the offense that is the basis of the resolution seeking permanent exclusion;
|
| (f) |
Any mitigating circumstances
surrounding the offense that gave rise to the request for permanent exclusion;
|
| (g) |
Evidence regarding the probable
danger posed to the health and safety of other pupils or of school employees by
the continued presence of the pupil in a public school setting; |
| (h) |
Evidence regarding the probable
disruption of the teaching of any school district's graded course of study by
the continued presence of the pupil in a public school setting; |
| (i) |
Evidence regarding the availability of
alternative sanctions of a less serious nature than permanent exclusion that
would enable the pupil to remain in a public school setting without posing a
significant danger to the health and safety of other pupils or of school
employees and without posing a threat of the disruption of the teaching of any
district's graded course of study. |
|
| (3) |
In any adjudication hearing conducted pursuant to
this section and section
3313.662 of the Revised Code, a
court order that proves the adjudication or conviction that is the basis for
the resolution of the board of education seeking permanent exclusion is
sufficient evidence to prove that the pupil committed a violation as specified
in division (F)(1) of this section. |
| (4) |
The superintendent or the referee shall make or
cause to be made a record of any adjudication hearing conducted pursuant to
this section. |
| (5) |
A referee who
conducts an adjudication hearing pursuant to this section shall promptly report
the referee's findings in writing to the superintendent at the conclusion of
the adjudication hearing. |
|
| (F) |
If an adjudication hearing is conducted or a
determination is made pursuant to this section and section
3313.662 of the Revised Code, the
superintendent shall review and consider the evidence presented, the entire
school record of the pupil, and any available information described in
divisions (E)(2)(a) to (i) of this section and shall not enter an order of
permanent exclusion unless the superintendent or the superintendent's appointed
referee finds, by a preponderance of the evidence, both of the following:
| (1) |
That the pupil was convicted of or
adjudicated a delinquent child for committing a violation listed in division
(A) of section
3313.662 of the Revised Code and
that the violation was committed when the child was sixteen years of age or
older; |
| (2) |
That the pupil's
continued attendance in the public school system may endanger the health and
safety of other pupils or school employees. |
|
| (G) |
| (1) |
Within
seven days after the conclusion of an adjudication hearing that is conducted
pursuant to this section, the superintendent of public instruction shall enter
an order in relation to the permanent exclusion of the pupil who is the subject
of the hearing or determination. |
| (2) |
If the superintendent or a referee makes the
findings described in divisions (F)(1) and (2) of this section, the
superintendent shall issue a written order that permanently excludes the pupil
from attending any of the public schools of this state and immediately shall
send a written notice of the order to the board of education that forwarded the
resolution, to the pupil who was the subject of the resolution, to that pupil's
parent, guardian, or custodian, and to that pupil's attorney, that includes all
of the following:
| (a) |
A copy of the order of
permanent exclusion; |
| (b) |
A
statement informing the pupil and the pupil's parent, guardian, or custodian of
the pupil's right to appeal the order of permanent exclusion pursuant to
division (H) of this section and of the possible revocation of the permanent
exclusion pursuant to division (I) of this section if a final judicial
determination reverses the conviction or adjudication that was the basis for
the permanent exclusion; |
| (c) |
A
statement informing the pupil and the pupil's parent, guardian, or custodian of
the provisions of divisions (F), (G), and (H) of section
3313.662 of the Revised Code.
|
|
| (3) |
If the
superintendent or a referee does not make the findings described in divisions
(F)(1) and (2) of this section, the superintendent shall issue a written order
that rejects the resolution of the board of education and immediately shall
send written notice of that fact to the board of education that forwarded the
resolution, to the pupil who was the subject of the proposed resolution, and to
that pupil's parent, guardian, or custodian. |
|
| (H) |
A pupil may appeal an order of permanent exclusion
made by the superintendent of public instruction pursuant to this section and
section 3313.662 of the Revised Code to
the court of common pleas of the county in which the board of education that
forwarded the resolution requesting the permanent exclusion is located. The
appeal shall be conducted in accordance with Chapter 2505. of the Revised Code.
|
| (I) |
If a final judicial
determination reverses the conviction or adjudication that is the basis of a
permanent exclusion ordered under this section, the superintendent of public
instruction, upon receipt of a certified copy of an order reflecting that final
determination from the pupil or that pupil's parent, guardian, custodian, or
attorney, shall revoke the order of permanent exclusion. |
| (J) |
As used in this section:
| (1) |
"Permanently exclude" and "permanent
exclusion" have the same meanings as in section
3313.662 of the Revised Code.
|
| (2) |
"Out-of-home care" and "legal
custody" have the same meanings as in section
2151.011 of the Revised Code.
|
| (3) |
"Certificate of high school
equivalence" has the same meaning as in section
4109.06 of the Revised Code.
|
|
Effective Date:
01-01-2002.
Not later than
December 1, 2009, the superintendent of public instruction shall develop a
ten-year strategic plan aligned with the strategic plan for higher education
developed by the chancellor of the Ohio board of regents under division (D) of
Section 375.30.25 of Am. Sub. H.B. 119 of the 127th general assembly. The
superintendent may consult with the chancellor in developing the plan. The
superintendent shall submit the plan to the general assembly, in accordance
with section
101.68 of the Revised Code, and to
the governor. The plan shall include recommendations for:
| (A) |
A
framework for collaborative, professional, innovative, and thinking
twenty-first century learning environments; |
| (B) |
Ways to
prepare and support Ohio's educators for successful instructional
careers; |
| (C) |
Enhancement of the current financial and resource
management accountability systems; |
| (D) |
Implementation of an effective school funding system. |
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The department of education hereby created, shall be the
administrative unit and organization through which the policies, directives,
and powers of the state board of education and the duties of the superintendent
of public instruction are administered by such superintendent as executive
officer of the board. The department of education shall consist of the state
board of education, the superintendent of public instruction, and a staff of
such professional, clerical, and other employees as may be necessary to perform
the duties and to exercise the required functions of the department. The
department of education shall be organized as provided by law or by order of
the state board of education. The superintendent of public instruction shall be
the chief administrative officer of such department, and, subject to board
policies, rules, and regulations, shall exercise general supervision of the
department. The department of education shall be subject to all provisions of
law pertaining to departments, offices, or institutions established for the
exercise of any function of the state government; excepting that it shall not
be one of the departments provided for under division (A) of section
121.01 of the Revised Code. In the
exercise of any of its functions or powers, including the power to make rules
and regulations and to prescribe minimum standards the department of education,
and any officer or agency therein, shall be subject to Chapter 119. of the
Revised Code. The headquarters of the department of education shall be at the
seat of government, where office space suitable and adequate for the work of
the department shall be provided by the appropriate state agency. There the
state board of education shall meet and transact its business, unless the board
chooses to meet elsewhere in Ohio as provided by section
3301.04 of the Revised Code. There
the records of the state board of education and the records, papers, and
documents belonging to the department shall be kept in charge of the
superintendent of public instruction. The superintendent of public instruction
shall recommend, for approval by the board, the organization of the department
of education, and the assignment of the work within such department. The
appointment, number, and salaries of assistant superintendents and division
heads shall be determined by the state board of education after recommendation
of the superintendent of public instruction. Such assistant superintendents and
division heads shall serve at the pleasure of the board. The superintendent of
public instruction may appoint, fix the salary, and terminate the employment of
such other employees as are engaged in educational or research duties.
Effective Date:
07-22-1994.
The department of education shall encourage, seek out, and
publicize to the general public and the school districts of this state,
innovative and exemplary school-parent and school-business partnerships. The
board of education of a district involved in such a partnership shall cooperate
with the department by providing information about the partnership. As used in
this section:
| (A) |
"School-parent
partnership" means a program that actively involves parents of students in the
decision-making process of the school district or individual schools within the
district; |
| (B) |
"School-business
partnership" means a program in this state in which businesses, labor
organizations, associations, foundations, or other persons, assist local
schools in preparing children for employment or higher education, and may
include programs involving work experience, mentoring, tutoring, incentive
grants, or the use of corporate facilities and equipment. |
Effective Date:
10-02-1989.
Effective Date:
11-15-1995.
As used in this section,
"form" means any report, document, paper, computer
software program, or other instrument used in the management information system
created by section
3301.0714 of the Revised Code or used to gather required
or requested education data under division (I) of section
3301.07
of the Revised Code or any other provision of state or federal statute or
rule.
| (A) |
The organization of the department of education
shall include an identifiable organizational unit that deals with the
management of any education data that the department gathers, processes, uses,
or reports. The superintendent of public instruction shall assign employees to
this unit or employ persons for this unit who are trained and experienced in
data management and the design of forms and who understand the data needs of
the department of education. The superintendent shall provide a sufficient
number of such employees for the unit to perform its duties in an effective and
timely manner. |
| (B) |
The unit
established pursuant to division (A) of this section shall:
| (1) |
Review each new form or modification of any existing form that the state board,
the superintendent of public instruction, or the department of education
proposes to put into use on or after July 1, 1992. In conducting the review of
any form, the unit shall evaluate it utilizing at least the criteria specified
under division (C) of this section. The unit shall report in writing to the
superintendent of public instruction whether the form satisfies the criteria
specified under division (C) of this section, and if not, the reasons why it
does not. Each report shall include recommendations regarding the
simplification, consolidation, or elimination of the proposed form or any other
forms related to the proposed form that would enable all the criteria specified
under division (C) of this section to be met. |
| (2) |
Regularly contact and seek to work with other state and federal agencies that
collect and use education data for the purpose of increasing the efficiency and
coordination of data collection; |
| (3) |
Perform any other duties assigned by the superintendent of public
instruction. |
|
| (C) |
In
conducting the review of any form pursuant to division (B)(1) of this section,
the unit established under division (A) of this section shall determine whether
the following criteria are satisfied:
| (1) |
Each data item on the form does not duplicate data already submitted to the
state board, superintendent of public instruction, or department of
education. |
| (2) |
The form
cannot be consolidated with any other form required by the state board,
superintendent, or department. |
| (3) |
The
form is required to be submitted no more often than necessary and no sooner
than reasonably necessary prior to the date on which the data reported on the
form will be initially used. |
| (4) |
The
stated purpose of the form cannot be met as part of any other procedure, such
as a verification or certification procedure or other reporting
procedure. |
| (5) |
If the form
or any data item on the form is attributed to any requirement of state statute,
federal statute or rule, or any court, the form or data item is limited to the
data that the statute, rule, or court requires. |
| (6) |
If
the form or any data item on the form is attributed to the requirements of any
research or of any process of auditing school districts for compliance with any
requirement, the research is planned or currently taking place or the
compliance is currently required. |
| (7) |
The
form is designed in a way that minimizes the cost of completing it. |
| (8) |
The
form includes instructions that clearly explain how to complete it, who will
use the data reported on it, and whom to contact with questions about
completing the form or the use of the data reported on it. |
|
Amended by
132nd General Assembly File No. TBD, HB 477, §1,
eff. 4/8/2019.
Effective Date:
12-02-1996.
| (A) |
In each
fiscal year the department of education, in accordance with appropriations made
by the general assembly, may issue awards of equal amounts up to fifteen
thousand dollars to those fifty public schools that are determined by the
department to have implemented in the immediately preceding fiscal year
innovative and exemplary parental involvement programs that have enhanced
parental involvement in such schools according to criteria established by the
department. |
| (B) |
The department of
education shall collect and retain information on the innovative and exemplary
parental involvement programs of all schools that have received awards under
division (A) of this section. In each fiscal year the department shall
publicize to every school district a description of each of the innovative and
exemplary parental involvement programs of the schools that have received
awards in the immediately preceding fiscal year. |
| (C) |
Any school that receives an award under division
(A) of this section may expend the money on any lawful purpose. |
Effective Date:
06-30-1997.
Each year the state board of education shall require a report
of the president, manager, or principal of each seminary, academy, parochial,
or private school. The report shall be made upon forms furnished by the board
and shall contain a statement of such facts as it requests. The president,
manager, or principal shall complete and return such forms within a time fixed
by the state board of education.
Effective Date:
01-03-1956.
The state board of
education or its authorized representatives may inspect all institutions under
the control of the department of job and family services, the department of
mental health and addiction services, the department
of developmental disabilities, and the department of rehabilitation and
correction which employ teachers, and may make a report on the teaching,
discipline, and school equipment in these institutions to the director of job
and family services, the director of mental health and addiction
services, the director of developmental disabilities, the director of
rehabilitation and correction, and the governor.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
128th General Assemblych.9, SB 79,
§1, eff.
10/6/2009.
Effective Date: 07-01-2000
.
Pursuant to standards
prescribed by the state board of education as provided in division (D) of
section 3301.07 of the Revised Code, the
state board shall classify and charter school districts and individual schools
within each district except that no charter shall be granted to a nonpublic
school unless the school complies with divisions (K)(1) and (L) of section
3301.0711, as applicable, and
sections
3301.164 and 3313.612 of the Revised
Code.
In the course of
considering the charter of a new school district created under section
3311.26 or
3311.38 of the Revised Code, the
state board shall require the party proposing creation of the district to
submit to the board a map, certified by the county auditor of the county in
which the proposed new district is located, showing the boundaries of the
proposed new district. In the case of a proposed new district located in more
than one county, the map shall be certified by the county auditor of each
county in which the proposed district is located.
The state board shall
revoke the charter of any school district or school which fails to meet the
standards for elementary and high schools as prescribed by the board. The state
board shall also revoke the charter of any nonpublic school that does not
comply with divisions (K)(1) and (L) of section
3301.0711, if applicable, and
sections
3301.164 and 3313.612 of the Revised
Code.
In the issuance and
revocation of school district or school charters, the state board shall be
governed by the provisions of Chapter 119. of the Revised Code.
No school district,
or individual school operated by a school district, shall operate without a
charter issued by the state board under this section.
In case a school
district charter is revoked pursuant to this section, the state board may
dissolve the school district and transfer its territory to one or more adjacent
districts. An equitable division of the funds, property, and indebtedness of
the school district shall be made by the state board among the receiving
districts. The board of education of a receiving district shall accept such
territory pursuant to the order of the state board. Prior to dissolving the
school district, the state board shall notify the appropriate educational
service center governing board and all adjacent school district boards of
education of its intention to do so. Boards so notified may make
recommendations to the state board regarding the proposed dissolution and
subsequent transfer of territory. Except as provided in section
3301.161 of the Revised Code,
the transfer ordered by the state board shall become effective on the date
specified by the state board, but the date shall be at least thirty days
following the date of issuance of the order.
A high school is one
of higher grade than an elementary school, in which instruction and training
are given in accordance with sections
3301.07 and
3313.60 of the Revised Code and
which also offers other subjects of study more advanced than those taught in
the elementary schools and such other subjects as may be approved by the state
board of education.
An elementary school
is one in which instruction and training are given in accordance with sections
3301.07 and
3313.60 of the Revised Code and
which offers such other subjects as may be approved by the state board of
education. In districts wherein a junior high school is maintained, the
elementary schools in that district may be considered to include only the work
of the first six school years inclusive, plus the kindergarten year.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
131st General Assembly File No. TBD, HB 299, §1,
eff. 8/31/2016.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.8, HB 30,
§1, eff.
7/1/2011.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date:
09-29-1995; 09-29-2005
Within thirty days following the issuance of an order to
dissolve a school district pursuant to section
3301.16 of the Revised Code,
qualified electors residing in the area to be transferred and equal in number
to a majority of the qualified electors voting at the last general election may
file a petition of referendum against the transfer. A petition of referendum
filed pursuant to this section shall be filed, processed, and voted upon as
provided in section
3311.231 of the Revised Code. If a
petition of referendum has been filed pursuant to this section, a transfer
order issued pursuant to section
3301.16 of the Revised Code shall
take effect thirty days after the election on the petition of referendum if a
majority of the qualified electors voting on the question vote in favor
thereof. If a majority of the qualified electors voting on the question do not
vote in favor thereof, the order shall become void.
Effective Date:
12-01-1967.
| (A) |
If the governing authority of a chartered
nonpublic school intends to close the school, the governing authority shall
notify all of the following of that intent prior to closing the school:
| (1) |
The
department of education; |
| (2) |
The
school district that receives auxiliary services funding under division (E) of
section 3317.024 of the Revised Code on behalf of the students enrolled in the
school; |
| (3) |
The
accrediting association that most recently accredited the school for purposes
of chartering the school in accordance with the rules of the state board of
education, if applicable; |
| (4) |
If the school has been designated as a STEM school
equivalent under section 3326.032 of the Revised Code, the STEM committee
established under section 3326.02 of the Revised Code. The notice shall include
the school year and, if possible, the actual date the school will
close.
|
|
| (B) |
The chief administrator of each chartered nonpublic school that closes shall
deposit the school's records with either:
| (1) |
The
accrediting association that most recently accredited the school for purposes
of chartering the school in accordance with the rules of the state board, if
applicable; |
| (2) |
The school
district that received auxiliary services funding under division (E) of section
3317.024 of the Revised Code on behalf of the students enrolled in the school. The school district that
receives the records may charge for and receive a one-time reimbursement from
auxiliary services funding under division (E) of section 3317.024 of the
Revised Code for costs the district incurred to store the
records.
|
|
Amended by
130th General Assembly File No. TBD, HB 362, §1,
eff. 9/11/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Effective Date: 2007 HB119
09-29-2007
| (A) |
Beginning July 1, 2015,
any third-grade student who attends a chartered nonpublic school with a
scholarship awarded under either the educational choice scholarship pilot
program, prescribed in sections 3310.01 to 3310.17, or the pilot project
scholarship program prescribed in sections 3313.974 to 3313.979 of the Revised
Code, shall be subject to the third-grade reading guarantee retention
provisions under division (A)(2) of section 3313.608 of the Revised Code,
including the exemptions prescribed by that division. For purposes of
determining if a child with a disability is exempt from retention under this
section, an individual services plan created for the child that has been
reviewed by either the student's school district of residence or the school
district in which the chartered nonpublic school is located and that specifies
that the student is not subject to retention shall be considered in the same
manner as an individualized education program or plan under section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, as
prescribed by division (A)(2) of section 3313.608 of the Revised Code. As used in this section, "child with a disability" and
"school district of residence" have the same meanings as in section 3323.01 of
the Revised Code.
|
| (B) |
| (1) |
Each chartered nonpublic school that enrolls students
in any of grades kindergarten through three and that accepts students under the
educational choice scholarship pilot program or the pilot project scholarship
program shall adopt policies and procedures for the annual assessment of the
reading skills of those students. Each school may use the diagnostic assessment
to measure reading ability for the appropriate grade level prescribed in
division (D) of section 3301.079 of the Revised Code. If the school uses such
assessments, the department of education shall furnish them to the chartered
nonpublic school. |
| (2) |
For each student identified as having reading skills
below grade level, the school shall do both of the following:
| (a) |
Provide to the student's parent or guardian, in
writing, all of the following:
| (i) |
Notification that the student has been identified as
having a substantial deficiency in reading; |
| (ii) |
Notification that if the student attains a score in
the range designated under division (A)(3) of section 3301.0710 of the Revised
Code on the assessment prescribed under that section to measure skill in
English language arts expected at the end of third grade, the student shall be
retained unless the student is exempt under division (A)(1) of section 3313.608
of the Revised Code. |
|
| (b) |
Provide intensive reading instruction services, as
determined appropriate by the school, to each student identified under this
section. |
|
|
| (C) |
Each chartered nonpublic school subject to this
section annually shall report to the department the number of students
identified as reading at grade level and the number of students identified as
reading below grade level. |
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Each chartered nonpublic school shall publish on the
school's web site both of the following:
| (A) |
The number of students enrolled in the school by the
last day of October of the current school year; |
| (B) |
The school's policy regarding background checks for
teaching and nonteaching employees and for volunteers who have direct contact
with students. |
Added by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
The board of education of each city, exempted village, local,
and joint vocational school district may make a driver education course
available to high school students enrolled in the district in accordance with
Chapter 4508. of the Revised Code. No school district making such a course
available shall require any pupil to enroll in the course in lieu of taking a
training course from a private driver training school licensed under that
chapter. The principal of each high school shall annually give written notice
to the pupils enrolled in the high school that they may elect, under a
procedure that shall be described in the notice, to take a training course from
a private driver training school or, if available, enroll in a driver education
course made available by the pupil's school district of attendance. No pupil
shall receive course credit toward graduation for completing a driver education
course conducted by a school district under this section.
Effective Date:
10-11-2002.
A board of education that makes available a driver education
course pursuant to section
3301.17 of the Revised Code may
require pupils enrolled in the course to pay a course fee not to exceed the
actual cost per pupil of providing driver education.
Effective Date:
10-29-1999.
The department of education shall:
| (A) |
Administer grants under section
3301.19 of the Revised Code in
support of voluntary desegregation within school districts; |
| (B) |
Provide technical assistance to school
districts developing voluntary plans for desegregation or plans to reduce or
eliminate racial isolation; |
| (C) |
Develop desegregation plans as required by court order and provide technical
assistance to school districts required to develop plans under court order;
|
| (D) |
Report to the general
assembly annually on expenditures made by the state to reduce or eliminate
racial isolation and enumerate anticipated expenses for desegregation resulting
from court action or action taken by the federal government. |
Effective Date:
06-22-1984.
The department of education shall administer a program to
support school boards that voluntarily adopt and implement plans of student
transfers to desegregate schools within their districts. To be eligible for
such support, both of the following must apply:
| (A) |
The district must have a minority enrollment of
between twenty-five and seventy-five per cent, according to the most recent
racial and ethnic census of the district prepared by the department; |
| (B) |
The school board must adopt and submit
to the department, not later than the first day of October, a plan for reducing
racial isolation through the transfer of not fewer than fifty students in the
district. The plan must provide for any or all of the following:
| (1) |
The transfer of minority students from a
school with greater than the average minority composition of the district to a
school with less than the average minority composition of the district;
|
| (2) |
The transfer of majority
students from a school with less than the average minority composition of the
district to a school with more than the average minority composition of the
district; |
| (3) |
The transfer of
minority or majority students to designated schools if the transfers cause the
racial composition of the designated schools to more closely approximate the
student racial composition of the entire district taken as a whole. The
department of education shall pay the school district an amount equal to four
hundred dollars per student transferred, except that if all payments required
to be made under this section during the fiscal year exceed the appropriation
for the purpose, the payment to each school district shall be proportionately
reduced. The school board may spend the amount received only on activities
other than transportation that support the reduction of racial isolation. In
the case of a transfer from a school that is being permanently closed or that
results from a permanent change in the boundary of a school attendance zone,
payment shall be made only for the initial year the transfer is made. In the
case of any other kind of transfer, payment shall be made for each fiscal year
the transfer occurs. |
|
Effective Date:
11-15-1981.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
05-06-2005.
The state board of education shall develop a model policy to
prohibit harassment, intimidation, or bullying in order to assist school
districts in developing their own policies under section
3313.666 of the Revised Code. The
board shall issue the model policy within six months after the effective date
of this section.
Effective Date:
03-30-2007.
| (A) |
As used in this section and section
3313.60
of the Revised Code, "evidence-based" means a program or practice that does
either of the following:
| (1) |
Demonstrates a rationale based on high-quality
research findings or positive evaluation that such a program or practice is
likely to improve relevant outcomes and includes ongoing efforts to examine the
effects of the program or practice; |
| (2) |
Has a statistically significant effect on relevant
outcomes based on:
| (a) |
Strong evidence from at least one well-designed and
well-implemented experimental study; |
| (b) |
Moderate evidence from at least one well-designed and
well-implemented quasi-experimental study; or |
| (c) |
Promising evidence from at least one well-designed and
well-implemented correlation study with statistical controls for selection
bias. |
|
|
| (B) |
The department of education, in consultation with the
department of public safety and the department of mental health and addiction
services, shall maintain a list of approved training programs, to be posted on
the department of education's web site, for instruction in suicide awareness
and prevention and violence prevention as prescribed under division (A)(5)(h)
of section
3313.60
and division (D) of section
3319.073
of the Revised Code. The list of approved training programs shall include at
least one option that is free or of no cost to schools. The approved training
programs shall be evidence-based and include the following:
| (1) |
How to instruct school personnel to identify the signs
and symptoms of depression, suicide, and self-harm in students; |
| (2) |
How to instruct students to identify the signs and
symptoms of depression, suicide, and self-harm in their peers; |
| (3) |
How to identify appropriate mental health services
within schools and within larger communities, and when and how to refer youth
and their families to those services; |
| (4) |
How to teach students about mental health and
depression, warning signs of suicide, and the importance of and processes for
seeking help on behalf of self and peers and reporting of these
behaviors; |
| (5) |
How to identify observable warning signs and signals
of individuals who may be a threat to themselves or others; |
| (6) |
The importance of taking threats seriously and seeking
help; |
| (7) |
How students can report dangerous, violent,
threatening, harmful, or potentially harmful activity, including the use of the
district's chosen anonymous reporting program. |
|
| (C) |
The department of education, in consultation with the
department of mental health and addiction services, shall maintain a list of
approved training programs, to be posted on the department of education's web
site, for instruction in social inclusion as prescribed by division (A)(5)(i)
of section
3313.60
of the Revised Code. The list of approved training programs shall include at
least one option that is free or of no cost to schools. The approved training
programs shall be evidence-based and include the following:
| (1) |
What social isolation is and how to identify it in
others; |
| (2) |
What social inclusion is and the importance of
establishing connections with peers; |
| (3) |
When and how to seek help for peers who may be
socially isolated; |
| (4) |
How to utilize strategies for more social inclusion in
classrooms and the school community. |
|
Added by
133rd General Assembly File No. TBD, HB 123, §1, eff.
3/24/2021.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
06-15-2000.
The department of education shall conduct research on the
factors that improve education effectiveness in school districts and for this
purpose may require school districts to administer tests in addition to those
otherwise required by law, such as the national assessment of education
progress. The department shall make the results of any research conducted under
this section available to all school districts.
Effective Date:
06-30-1992.
Repealed by
132nd General Assembly File No. TBD, HB 49, §105.01, eff.
9/29/2017.
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
The department of education shall:
| (A) |
Actively encourage, assist, and support boards of
education in applying for moneys for programs for pre-school children of
migrant agricultural laborers under Title I of the "Elementary and Secondary
Education Act of 1965," 79 Stat. 27, 20 U.S.C. 236, as amended; |
| (B) |
Establish an official relationship with
the Texas education agency and the Florida department of education to cooperate
and exchange information with those states concerning education for children of
migrant agricultural laborers, and coordinate its activities and services for
such children with those states and any other states that provide education for
such children; |
| (C) |
Take all
necessary steps to compensate for the lack of continuity in instructional
curriculum experienced by children of migrant agricultural laborers as a result
of their parents' occupation by assuring that:
| (1) |
Coordinated interstate and intrastate
programs are provided at all levels, including coordinated programs leading to
credit accrual; |
| (2) |
Parents are
given information about the availability of interstate and intrastate programs.
|
|
| (D) |
Take a more active
role in encouraging boards of education to offer, in accordance with section
3313.641 of the Revised Code,
alternative evening and tutorial programs for children of migrant agricultural
laborers and their families during late spring, summer, and early fall.
|
Effective Date:
03-20-1984.
Effective Date:
06-30-2005.
| (A) |
As used in
this section, "preschool program" has the same meaning as in section
3301.52 of the Revised Code.
|
| (B) |
Subject to divisions (C) and
(D) of this section, beginning in fiscal year 2006, no preschool program, and
no early childhood education program or early learning program as defined by
the department of education shall receive any funds from the state unless fifty
per cent of the staff members employed by that program as teachers are working
toward an associate degree of a type approved by the department. |
| (C) |
| (1) |
Subject to division (C)(2) of this section, beginning in fiscal year 2010, no
preschool program, and no early childhood education program or early learning
program as defined by the department, existing prior to fiscal year 2007, shall
receive any funds from the state unless every staff member employed by that
program as a teacher has attained an associate degree of a type approved by the
department. |
| (2) |
Beginning in
fiscal year 2011, no preschool program, and no early childhood education
program or early learning program as defined by the department, existing prior
to fiscal year 2007, shall receive any funds from the state unless fifty per
cent of the staff members employed by the program as teachers have attained a
bachelor's degree of a type approved by the department. |
|
| (D) |
| (1) |
Subject to division (D)(2) of this section, beginning in fiscal year 2012, no
preschool program, and no early childhood education program or early learning
program as defined by the department, established during or after fiscal year
2007, shall receive any funds from the state unless every staff member employed
by that program as a teacher has attained an associate degree of a type
approved by the department. |
| (2) |
Beginning in fiscal year 2013, no preschool program, and no early childhood
education program or early learning program as defined by the department,
established during or after fiscal year 2007, shall receive any funds from the
state unless fifty per cent of the staff members employed by the program as
teachers have attained a bachelor's degree of a type approved by the
department. |
|
Effective Date:
09-28-1999;
06-30-2005; 2007
HB119 09-29-2007
.
| (A) |
| (1) |
The chief administrator of any head start agency
shall request the superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to any applicant
who has applied to the head start agency for employment as a person responsible
for the care, custody, or control of a child. If the applicant does not present
proof that the applicant has been a resident of this state for the five-year
period immediately prior to the date upon which the criminal records check is
requested or does not provide evidence that within that five-year period the
superintendent has requested information about the applicant from the federal
bureau of investigation in a criminal records check, the chief administrator
shall request that the superintendent obtain information from the federal
bureau of investigation as a part of the criminal records check for the
applicant. If the applicant presents proof that the applicant has been a
resident of this state for that five-year period, the chief administrator may
request that the superintendent include information from the federal bureau of
investigation in the criminal records check. |
| (2) |
Any person required by division (A)(1) of this
section to request a criminal records check shall provide to each applicant a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code,
provide to each applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain
the completed form and impression sheet from each applicant, and forward the
completed form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the chief administrator
requests a criminal records check pursuant to division (A)(1) of this section.
|
| (3) |
Any applicant who receives
pursuant to division (A)(2) of this section a copy of the form prescribed
pursuant to division (C)(1) of section
109.572 of the Revised Code and a
copy of an impression sheet prescribed pursuant to division (C)(2) of that
section and who is requested to complete the form and provide a set of
fingerprint impressions shall complete the form or provide all the information
necessary to complete the form and shall provide the impression sheets with the
impressions of the applicant's fingerprints. If an applicant, upon request,
fails to provide the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the head start agency
shall not employ that applicant for any position for which a criminal records
check is required by division (A)(1) of this section. |
|
| (B) |
| (1) |
Except as provided in rules adopted by the director of job and family services
in accordance with division (E) of this section, no head start agency shall
employ a person as a person responsible for the care, custody, or control of a
child if the person previously has been convicted of or pleaded guilty to any
of the following:
| (a) |
A violation of section
2903.01,
2903.02,
2903.03,
2903.04,
2903.11,
2903.12,
2903.13,
2903.16,
2903.21,
2903.34,
2905.01,
2905.02,
2905.05,
2907.02,
2907.03,
2907.04,
2907.05,
2907.06,
2907.07,
2907.08,
2907.09,
2907.21,
2907.22,
2907.23,
2907.25,
2907.31,
2907.32,
2907.321,
2907.322,
2907.323,
2911.01,
2911.02,
2911.11,
2911.12,
2919.12,
2919.22,
2919.24,
2919.25,
2923.12,
2923.13,
2923.161,
2925.02,
2925.03,
2925.04,
2925.05,
2925.06, or
3716.11 of the Revised Code, a
violation of section
2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that
would have been a violation of section
2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation occurred prior to that date, a
violation of section
2925.11 of the Revised Code that
is not a minor drug possession offense, or felonious sexual penetration in
violation of former section
2907.12 of the Revised Code;
|
| (b) |
A violation of an existing or
former law of this state, any other state, or the United States that is
substantially equivalent to any of the offenses or violations described in
division (B)(1)(a) of this section. |
|
| (2) |
A head start agency may employ an applicant
conditionally until the criminal records check required by this section is
completed and the agency receives the results of the criminal records check. If
the results of the criminal records check indicate that, pursuant to division
(B)(1) of this section, the applicant does not qualify for employment, the
agency shall release the applicant from employment. |
|
| (C) |
| (1) |
Each head start agency shall pay to the bureau of criminal identification and
investigation the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for
each criminal records check conducted in accordance with that section upon the
request pursuant to division (A)(1) of this section of the chief administrator
of the head start agency. |
| (2) |
A
head start agency may charge an applicant a fee for the costs it incurs in
obtaining a criminal records check under this section. A fee charged under this
division shall not exceed the amount of fees the agency pays under division
(C)(1) of this section. If a fee is charged under this division, the agency
shall notify the applicant at the time of the applicant's initial application
for employment of the amount of the fee and that, unless the fee is paid, the
head start agency will not consider the applicant for employment. |
|
| (D) |
The report of any criminal
records check conducted by the bureau of criminal identification and
investigation in accordance with section
109.572 of the Revised Code and
pursuant to a request made under division (A)(1) of this section is not a
public record for the purposes of section
149.43 of the Revised Code and
shall not be made available to any person other than the applicant who is the
subject of the criminal records check or the applicant's representative, the
head start agency requesting the criminal records check or its representative,
and any court, hearing officer, or other necessary individual involved in a
case dealing with the denial of employment to the applicant. |
| (E) |
The director of job and family services
shall adopt rules pursuant to Chapter 119. of the Revised Code to implement
this section, including rules specifying circumstances under which a head start
agency may hire a person who has been convicted of an offense listed in
division (B)(1) of this section but who meets standards in regard to
rehabilitation set by the director. |
| (F) |
Any person required by division (A)(1) of this
section to request a criminal records check shall inform each person, at the
time of the person's initial application for employment, that the person is
required to provide a set of impressions of the person's fingerprints and that
a criminal records check is required to be conducted and satisfactorily
completed in accordance with section
109.572 of the Revised Code if the
person comes under final consideration for appointment or employment as a
precondition to employment for that position. |
| (G) |
As used in this section:
| (1) |
"Applicant" means a person who is under
final consideration for appointment or employment in a position with a head
start agency as a person responsible for the care, custody, or control of a
child. |
| (2) |
"Head start agency"
means an entity in this state that has been approved to be an agency for
purposes of the "Head Start Act," 95 State 489 (1981),
42 U.S.C. 9831, as amended. |
| (3) |
"Criminal records check" has the same
meaning as in section
109.572 of the Revised Code.
|
| (4) |
"Minor drug possession offense"
has the same meaning as in section
2925.01 of the Revised Code.
|
|
Effective Date:
07-01-2000;
06-30-2005.
Effective Date:
06-30-2005.
Effective Date:
06-30-2005.
Effective Date:
06-30-2005.
Effective Date:
06-30-2005.
Effective Date:
06-30-2005.
Effective Date:
06-30-2005.
| (A) |
As used in
this section, "adult education" has the meaning as established under the "adult
education act," 102 Stat. 302 (1988),
20 U.S.C. 1201a(2), as amended.
|
| (B) |
Beginning July 1, 1996, the
department of education may distribute state funds to organizations that
quality for federal funds under the "Adult Education Act," 102 Stat. 302
(1988), 20 1201 to 1213d, as amended. The funds shall be used by qualifying
organizations to provide adult education services. State funds distributed
pursuant to this section shall be distributed in accordance with the rules
adopted by the state board of education pursuant to this section. Each
organization that receives funds under this section shall file program
performance reports with the department. The reports shall be filed at times
required by state board of education rule and contain assessments of individual
students as they enter, progress through, and exit the adult education program;
records regarding individual student program participation time; reports of
individual student retention rates; and any other information required by rule.
|
| (C) |
The state board of education
shall adopt rules for the distribution of funds under this section. The rules
shall include the following:
| (1) |
Requirements
for program performance reports. |
| (2) |
Indicators of adult education program
quality, including indicators of learner achievement, program environment,
program planning, curriculum and instruction, staff development, support
services, and recruitment and retention. |
| (3) |
A formula for the distribution of funds
under this section. The formula shall include as a factor an organization's
quantifiable success in meeting the indicators of program quality established
pursuant to division (C)(2) of this section. |
| (4) |
Standards and procedures for reducing or
discontinuing funding to organizations that fail to meet the requirements of
this section. |
| (5) |
Any other
requirements or standards considered appropriate by the board.
|
|
Effective Date:
07-01-2004.
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
.
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
.
Effective Date:
07-01-1983.
| (A) |
Not later than the
thirtieth day of September of each year, the department of education shall
distribute to all public high schools the information provided by the director
of job and family services on the online education and career planning tool
developed under section 6301.15 of the Revised Code. |
| (B) |
Annually, the department of education shall survey
high school administrators and guidance counselors regarding their use of the
online planning tool and provide the results of the survey to the director of
job and family services to support future refinements and improvements to the
online planning tool. As used in this section, "public high school" means a school
that serves students in any of grades nine through twelve and is operated by a
school district or a community school established under Chapter 3314. of the
Revised Code, a STEM school established under Chapter 3326. of the Revised
Code, or a college-preparatory boarding school established under Chapter 3328.
of the Revised Code.
|
Added by
130th General Assembly File No. TBD, HB 393, §1,
eff. 9/17/2014.
Not later than April
30, 2009, the department of education and the chancellor of the Ohio board of regents jointly shall
propose a standard method and form for documenting on high school transcripts
high school credits earned that are compatible with the standards for credit
transfer and articulation adopted under sections
3333.16 and
3333.161 of the Revised Code and
any electronic clearinghouse for student transcript transfer developed by the
chancellor. The proposal shall be submitted to the
state board of education, the
governor, the speaker and minority leader of the house of representatives, the
president and minority leader of the senate, and the chairpersons and ranking
minority members of the standing committees of the house of representatives and
the senate that consider education legislation.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 04-04-2007
.
Effective Date:
07-01-1983.
The interstate compact for education is hereby ratified,
enacted into law, and entered into by this state as a party thereto with any
other state which has heretofore legally joined in the compact and which may
hereafter legally join in the compact as follows: COMPACT FOR EDUCATION Article
I. Purpose and Policy. A. It is the purpose of this compact to:
| 1. |
Establish and maintain close cooperation
and understanding among executive, legislative, professional educational and
lay leadership on a nationwide basis at the state and local levels. |
| 2. |
Provide a forum for the discussion,
development, crystallization and recommendation of public policy alternatives
in the field of education. |
| 3. |
Provide a clearing house of information on matters relating to educational
problems and how they are being met in different places throughout the nation,
so that the executive and legislative branches of state government and of local
communities may have ready access to the experience and record of the entire
country, and so that both lay and professional groups in the field of education
may have additional avenues for the sharing of experience and the interchange
of ideas in the formation of public policy in education. |
| 4. |
Facilitate the improvement of state and local
educational systems so that all of them will be able to meet adequate and
desirable goals in a society which requires continuous qualitative and
quantitative advance in educational opportunities, methods, and facilities. B.
It is the policy of this compact to encourage and promote local and state
initiative in the development, maintenance, improvement, and administration of
educational systems and institutions in a manner which will accord with the
needs and advantages of diversity among localities and states. C. The party
states recognize that each of them has an interest in the quality and quantity
of education furnished in each of the other states, as well as in the
excellence of its own educational systems and institutes, because of the highly
mobile character of individuals within the nation, and because the products and
services contributing to the health, welfare, and economic advancement of each
state are supplied in significant part by persons educated in other states.
Article II. State Defined. As used in this compact, "state" means a state,
territory, or possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico. Article III. The Commission. A. The educational
commission of the states, hereinafter called "the commission," is hereby
established. The commission shall consist of seven members representing each
party state. One of such members shall be the governor; two shall be members of
the state legislature selected by their respective houses and serving in such
manner as the legislature may determine; and four shall be appointed by and
serve at the pleasure of the governor, unless the laws of the state otherwise
provide. If the laws of a state prevent legislators from serving on the
commission, six members shall be appointed and serve at the pleasure of the
governor, unless the laws of the state otherwise provide. In addition to any
other principles or requirements which a state may establish for the
appointment and service of its members of the commission, the guiding principle
for the composition of the membership on the commission from each party state
shall be that the members representing such state shall, by virtue of their
training, experience, knowledge, or affiliations be in a position collectively
to reflect broadly the interests of the state government, higher education, the
state education system, local education, lay and professional, public, and
non-public educational leadership. Of those appointees, one shall be the head
of a state agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In addition to the
members of the commission representing the party states, there may be not to
exceed ten nonvoting commissioners selected by the steering committee for terms
of one year. Such commissioners shall represent leading national organizations
of professional educators or persons concerned with educational administration.
B. The members of the commission shall be entitled to one vote each on the
commission. No action of the commission shall be binding unless taken at a
meeting at which a majority of the total number of votes on the commission are
cast in favor thereof. Action of the commission shall be only at a meeting at
which a majority of the commissioners are present. The commission shall meet at
least once a year. In its bylaws, and subject to such directions and
limitations as may be contained therein, the commission may delegate the
exercise of any of its powers to the steering committee or the executive
director, except for the power to approve budgets or request for
appropriations, the power to make policy recommendations pursuant to Article IV
and adoption of the annual report pursuant to Article III(J). C. The commission
shall have a seal. D. The commission shall elect annually, from among its
members, a chairman, who shall be a governor, a vice chairman, and a treasurer.
The commission shall provide for the appointment of an executive director. Such
executive director shall serve at the pleasure of the commission, and together
with the treasurer and such other personnel as the commission may deem
appropriate shall be bonded in such amount as the commission shall determine.
The executive director shall be secretary. E. Irrespective of the civil
service, personnel, or other merit laws of any of the party states, the
executive director subject to the approval of the steering committee shall
appoint, remove, or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the duties and
compensation of such personnel. The commission in its bylaws shall provide for
the personnel policies and programs of the commission. F. The commission may
borrow, accept, or contract for the services of personnel from any party
jurisdiction, the United States, or any subdivision or agency of the
aforementioned governments, or from any agency of two or more of the party
jurisdictions or their subdivisions. G. The commission may accept for any of
its purposes and functions under this compact any and all donations, and grants
of money, equipment, supplies, materials, and services, conditional or
otherwise, from any State, the United States, or any other governmental agency,
or from any person, firm, association, foundation, or corporation, and may
receive, utilize, and dispose of the same. Any donation or grant accepted by
the commission pursuant to this paragraph or services borrowed pursuant to
paragraph (F) of this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount, and conditions, if
any, of the donation, grant, or services borrowed, and the identity of the
donor or lender. H. The commission may establish and maintain such facilities
as may be necessary for the transacting of its business. The commission may
acquire, hold, and convey real and personal property and any interest therein.
I. The commission shall adopt bylaws for the conduct of its business and shall
have the power to amend and rescind these bylaws. The commission shall publish
its bylaws in convenient form and shall file a copy thereof and a copy of any
amendment thereto, with the appropriate agency or officer in each of the party
States. J. The commission annually shall make to the governor and legislature
of each party state a report covering the activities of the commission for the
preceding year. The commission may make such additional reports as it may deem
desirable. Article IV. Powers. In addition to authority conferred on the
commission by other provisions of the compact, the commission shall have
authority to:
| 1. |
Collect, correlate, analyze,
and interpret information and data concerning educational needs and resources.
|
| 2. |
Encourage and foster research in
all aspects of education, but with special reference to the desirable scope of
instruction, organization, administration, and instructional methods and
standards employed or suitable for employment in public educational systems.
|
| 3. |
Develop proposals for adequate
financing of education as a whole and at each of its many levels. |
| 4. |
Conduct or participate in research of the
types referred to in this article in any instance where the commission finds
that such research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of national
associations, regional compact organizations for higher education, and other
agencies and institutions, both public and private. |
| 5. |
Formulate suggested policies and plans for
the improvement of public education as a whole, or for any segment thereof, and
make recommendations with respect thereto available to the appropriate
governmental units, agencies, and public officials. |
| 6. |
Do such other things as may be necessary
or incidental to the administration of any of its authority or functions
pursuant to this compact. Article V. Cooperation With Federal Government. A. If
the laws of the United States specifically so provide, or if administrative
provision is made therefor within the federal government, the United States may
be represented on the commission by not to exceed ten representatives. Any such
representative or representatives of the United States shall be appointed and
serve in such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government, but no such
representative shall have a vote on the commission. B. The commission may
provide information and make recommendations to any executive or legislative
agency or officer of the federal government concerning the common educational
policies of the states, and may advise with any such agencies or officers
concerning any matter of mutual interest. Article VI. Committees. A. To assist
in the expeditious conduct of its business when the full commission is not
meeting, the commission shall elect a steering committee of thirty members
which, subject to the provisions of this compact and consistent with the
policies of the commission, shall be constituted and function as provided in
the bylaws of the commission. One-third of the voting membership of the
steering committee shall consist of governors, and the remainder shall consist
of other members of the commission. A federal representative on the commission
may serve with the steering committee, but without vote. The voting members of
the steering committee shall serve for terms of two years, except that members
elected to the first steering committee of the commission shall be elected as
follows: fifteen for one year and fifteen for two years. The chairman, vice
chairman, and treasurer of the commission shall be members of the steering
committee and shall serve during their continuance in these offices. Vacancies
in the steering committee shall not effect [affect] its authority to act, but
the commission at its next regularly ensuing meeting following the occurrence
of any vacancy shall fill it for the unexpired term. No person shall serve more
than two terms as a member of the steering committee; provided that service for
a partial term of one year or less shall not be counted toward the two term
limitation. B. The commission may establish advisory and technical committees
composed of state, local, and federal officials, and private persons to advise
it with respect to any one or more of its functions. Any advisory or technical
committee may, on request of the state concerned, be established to consider
any matter of special concern to two or more of the party states. C. The
commission may establish such additional committees as its bylaws may provide.
Article VII. Finance. A. The commission shall advise the governor or designated
officer or officers of each party state of its budget and estimated
expenditures for such period as may be required by the laws of that party
state. Each of the commission's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated by each of
the party states. B. The total amount of appropriation requests under any
budget shall be apportioned among the party states. In making such
apportionment, the commission shall devise and employ a formula which takes
equitable account of the populations and per capita income levels of the party
states. C. The commission shall not pledge the credit of any party states. The
commission may meet any of its obligations in whole or in part with funds
available to it pursuant to Article III(G) of this compact, provided that the
commission takes specific action setting aside such funds prior to incurring an
obligation to be met in whole or in part in such manner. Except where the
commission makes use of funds available to it pursuant to Article III(G)
thereof, the commission shall not incur any obligation prior to the allotment
of funds by the party states adequate to meet the same. D. The commission shall
keep accurate accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit and accounting
procedures established by its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in and become
part of the annual reports of the commission. E. The accounts of the commission
shall be open at any reasonable time for inspection by duly constituted
officers of the party states and by any persons authorized by the commission.
F. Nothing contained herein shall be construed to prevent commission compliance
with laws relating to audit or inspection of accounts by or on behalf of any
government contributing to the support of the commission. Article VIII.
Eligible Parties; Entry Into and Withdrawal. A. This compact shall have as
eligible parties all states, territories, and possessions of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico. In respect of
any such jurisdiction not having a governor, the term "governor," as used in
this compact, shall mean the closest equivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact and it
shall become binding thereon when it has adopted the same: provided that in
order to enter into initial effect, adoption by at least ten eligible party
jurisdictions shall be required. C. Adoption of the compact may be either by
enactment thereof or by adherence thereto by the governor; provided that in the
absence of enactment, adherence by the governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a state is
participating in this compact through gubernatorial action, the governor shall
appoint those persons who, in addition to himself, shall serve as the members
of the commission from his state, and shall provide to the commission an
equitable share of the financial support of the commission from any source
available to him. D. Except for a withdrawal effective on December 31, 1967 in
accordance with paragraph C of this article, any party state may withdraw from
this compact by enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the withdrawing state
has given notice in writing of the withdrawal to the governors of all other
party states. No withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal. Article IX.
Construction and Severability. This compact shall be liberally construed so as
to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any state or of the United
States, or the application thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact shall remain in
full force and effect as to the state affected as to all severable matters.
|
|
Effective Date:
10-13-1967.
Any instrument by which real property is acquired pursuant to
section 3301.48 of the Revised Code shall
identify any agency of the state that has the use and benefit of the real
property as specified in section
5301.012 of the Revised Code.
Effective Date:
10-26-1999.
Pursuant to paragraph A of Article III of the educational
compact enacted in section
3301.48 of the Revised Code, there
shall be seven members to the educational commission of the states who shall
serve from this state, one of such members shall be the governor; one member
shall be a member of the senate appointed by the president; one member shall be
a member of the house of representatives appointed by the speaker of the house
of representatives; and four members shall be appointed by and serve at the
pleasure of the governor. Two of the members appointed by the governor shall be
professional educators associated with either public or private educational
systems and may be an officer of the state, any college or university in the
state or any officer or administrator of any public school district. Two of the
members appointed by the governor shall be laymen. The state shall pay the
actual expenses of members of the Ohio commission while attending to any
business of the commission. The governor shall appoint a chairman of the Ohio
members of the educational commission of the states and such membership shall
meet on the call of its chairman or at the request of a majority of its
members. In any event, the membership shall meet not less often than three
times annually. The membership may consider any and all matters relating to
recommendations of the educational commission of the states and the activities
of the members in representing this state thereon. Pursuant to paragraph (I) of
Article III of the compact the educational commission of the states shall file
a copy of its bylaws and any amendment thereto with the superintendent of
public instruction.
Effective Date:
01-08-1979.
Except as otherwise provided under division (B) of section
3301.54 of the Revised Code, the
issuing of any educator license designated for teaching in a preschool setting
pursuant to section
3319.22 of the Revised Code shall
not be construed as requiring any person who does not hold such a license to
obtain one in order to be employed as a teacher in a pre-kindergarten program.
However, a person hired after July 1, 1988, to direct a preschool program
regulated by the state board of education under sections
3301.52 to
3301.57 of the Revised Code, other
than a program operated by a nontax-supported eligible nonpublic school, shall
hold a valid educator license designated as appropriate for teaching or being
an administrator in a preschool setting issued pursuant to section
3319.22 of the Revised Code plus
the four courses required by division (A)(1) of section
3301.54 of the Revised Code,
unless division (A)(4) of that section applies to the person.
Effective Date:
01-30-1998.
The issuing of any type of educator license designated for
teaching in an associate teaching position in a preschool setting pursuant to
section 3319.22 of the Revised Code shall
not be construed as requiring any person who does not hold such a license to
obtain one in order to be employed as a teacher in a pre-kindergarten program.
Effective Date:
11-15-1996.
As used in sections
3301.52
to
3301.59
of the Revised Code:
| (A) |
"Preschool program" means either of the following:
| (1) |
A child
care program for preschool children that is operated by a school district board
of education or an eligible nonpublic school. |
| (2) |
A child
care program for preschool children age three or older that is operated by a
county board of developmental disabilities or a community school. |
|
| (B) |
"Preschool child" or "child" means a child who has not entered kindergarten and
is not of compulsory school age. |
| (C) |
"Parent, guardian, or custodian" means the person or government agency that is
or will be responsible for a child's school attendance under section
3321.01
of the Revised Code. |
| (D) |
"Superintendent" means the superintendent of a school district or the chief
administrative officer of a community school or an eligible nonpublic
school. |
| (E) |
"Director" means the director, head teacher, elementary principal, or site
administrator who is the individual on site and responsible for supervision of
a preschool program. |
| (F) |
"Preschool staff member" means a preschool employee whose primary
responsibility is care, teaching, or supervision of preschool
children. |
| (G) |
"Nonteaching employee" means a preschool program or school child program
employee whose primary responsibilities are duties other than care, teaching,
and supervision of preschool children or school children. |
| (H) |
"Eligible nonpublic school" means a nonpublic school chartered as described in
division (B)(7) of section
5104.02 of the
Revised Code or chartered by the state board of education for any combination
of grades one through twelve, regardless of whether it also offers
kindergarten. |
| (I) |
"School
child program" means a child care program for only school children that is
operated by a school district board of education, county board of developmental
disabilities, community school, or eligible nonpublic school. |
| (J) |
"School
child" means a child who is enrolled in or is eligible to be enrolled in a
grade of kindergarten or above but is less than fifteen years old. |
| (K) |
"School
child program staff member" means an employee whose primary responsibility is
the care, teaching, or supervision of children in a school child
program. |
| (L) |
"Child
care" means administering to the needs of infants, toddlers, preschool
children, and school children outside of school hours by persons other than
their parents or guardians, custodians, or relatives by blood, marriage, or
adoption for any part of the twenty-four-hour day in a place or residence other
than a child's own home. |
| (M) |
"Child
day-care center " and "publicly funded child care" have the same meanings as in section
5104.01
of the Revised Code. |
| (N) |
"Community school" means either of the following:
| (1) |
A
community school established under Chapter 3314. of the Revised Code that is
sponsored by an entity that is rated "exemplary" under section
3314.016
of the Revised Code. |
| (2) |
A
community school established under Chapter 3314. of the Revised Code that has
received, on its most recent report card, either of the following:
| (a) |
If the
school offers any of grade levels four through twelve, a grade of "C" or better
for the overall value-added progress dimension under division (C)(1)(e) of
section
3302.03
of the Revised Code and for the performance index score under division
(C)(1)(b) of section
3302.03
of the Revised Code; |
| (b) |
If the
school does not offer a grade level higher than three, a grade of "C" or better
for making progress in improving literacy in grades kindergarten through three
under division (C)(1)(g) of section
3302.03
of the Revised Code. |
|
|
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
131st General Assembly File No. TBD, HB 158, §1,
eff. 10/12/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
128th General Assemblych.128, SB 79,
§1, eff.
10/6/2009.
Effective Date:
09-01-2003; 05-18-2005
Sections
3301.53 to
3301.59 of the Revised Code do not
apply to child care provided exclusively for participants of an adult education
program that receives funds under the department of education's state plan for
implementing the "Adult Education Act of 1966," 80 Stat. 1216, 20 U.S.C. 1201,
as amended, or an adult education program operated under section
3313.52,
3313.531,
3313.641, or
3313.644 of the Revised Code, if
the child care is provided on a part-time basis, is provided on the same
premises as and during the hours of operation of the adult education program,
and at least one parent, custodian, or guardian of each child is on the
premises and readily accessible at all times.
Effective Date:
07-22-1994;
05-18-2005.
| (A) |
The
state board of education, in consultation with the director of job and family
services, shall formulate and prescribe by rule adopted under Chapter 119. of
the Revised Code minimum standards to be applied to preschool programs operated
by school district boards of education, county boards of developmental
disabilities, community schools, or eligible nonpublic schools. The rules shall
include the following:
| (1) |
Standards ensuring that the preschool program is located in a safe and
convenient facility that accommodates the enrollment of the program, is of the
quality to support the growth and development of the children according to the
program objectives, and meets the requirements of section
3301.55
of the Revised Code; |
| (2) |
Standards ensuring that supervision, discipline, and programs will be
administered according to established objectives and procedures; |
| (3) |
Standards ensuring that preschool staff members and nonteaching employees are
recruited, employed, assigned, evaluated, and provided inservice education
without discrimination on the basis of age, color, national origin, race, or
sex; and that preschool staff members and nonteaching employees are assigned
responsibilities in accordance with written position descriptions commensurate
with their training and experience; |
| (4) |
A
requirement that boards of education intending to establish a preschool program
demonstrate a need for a preschool program prior to establishing the
program; |
| (5) |
Requirements that children participating in preschool programs have been
immunized to the extent considered appropriate by the state board to prevent
the spread of communicable disease; |
| (6) |
Requirements that the parents of preschool children complete the emergency
medical authorization form specified in section
3313.712
of the Revised Code. |
|
| (B) |
The
state board of education in consultation with the director of job and family
services shall ensure that the rules adopted by the state board under sections
3301.52
to
3301.58
of the Revised Code are consistent with and meet or exceed the requirements of
Chapter 5104. of the Revised Code with regard to child day-care centers
that serve preschool children. The state board
and the director of job and family services shall review all such rules at
least once every five years. |
| (C) |
The
state board of education, in consultation with the director of job and family
services, shall adopt rules for school child programs that are consistent with
and meet or exceed the requirements of the rules adopted for
child day-care centers that serve school-age children under Chapter 5104. of
the Revised Code. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
131st General Assembly File No. TBD, HB 158, §1,
eff. 10/12/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
128th General Assemblych.128, SB 79,
§1, eff.
10/6/2009.
Effective Date:
09-01-2003; 05-18-2005; 2007 HB119 09-29-2007.
| (A) |
| (1) |
Each preschool program shall be directed and
supervised by a director, a head teacher, an elementary principal, or a site
administrator who is on site and responsible for supervision of the program.
Except as otherwise provided in division (A)(2) or (3) of this section, this person shall hold
a valid educator license designated as appropriate for teaching or being an
administrator in a preschool setting issued pursuant to section
3319.22 of the Revised Code and
have completed at least four courses in child development or early childhood
education from an accredited college, university, or technical
college. |
| (2) |
If the person was employed prior to July 1, 1988,
by a school district board of education or an eligible nonpublic school to
direct a preschool program, the person shall be considered to meet the
requirements of this section if the person holds a valid kindergarten-primary
certificate described under former division (A) of section
3319.22 of the Revised Code as
it existed on January 1, 1996. |
| (3) |
If
the person is employed to direct a preschool program operated by an eligible,
nontax-supported, nonpublic school, the person shall be considered to meet the
requirements of this section if the person holds a valid teaching certificate
issued in accordance with section
3301.071 of the Revised
Code. |
|
| (B) |
Each preschool staff member shall be at least
eighteen years of age and have a high school diploma or a
certificate of high school equivalence issued by the department of education or a
primary-secondary education or higher education agency
of another state, except that a staff member may be less than eighteen years of
age if the staff member is a graduate of a two-year vocational child-care
training program approved by the state board of education, or is a student
enrolled in the second year of such a program that leads to high school
graduation, provided that the student performs duties in the preschool program
under the continuous supervision of an experienced preschool staff member and
receives periodic supervision from the vocational child-care training program
teacher-coordinator in the student's high school. A preschool staff member
shall annually complete fifteen hours of inservice training in child
development or early childhood education, child abuse recognition and
prevention, and first aid, and in the prevention, recognition, and management
of communicable diseases, until a total of forty-five hours has been completed,
unless the staff member holds an associate or higher degree in child
development or early childhood education from an accredited college,
university, or technical college, or any type of educator license designated as
appropriate for teaching in an associate teaching position in a preschool
setting issued by the state board of education pursuant to section
3319.22 of the Revised
Code.
|
Amended by
131st General Assembly File No. TBD, HB 113, §1,
eff. 9/14/2016.
Effective Date: 09-01-2003
.
| (A) |
| (1) |
The
director, head teacher, elementary principal, or site administrator of a
preschool program shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records check with
respect to any applicant who has applied to the preschool program for
employment as a person responsible for the care, custody, or control of a
child. If the applicant does not present proof that the applicant has been a
resident of this state for the five-year period immediately prior to the date
upon which the criminal records check is requested or does not provide evidence
that within that five-year period the superintendent has requested information
about the applicant from the federal bureau of investigation in a criminal
records check, the director, head teacher, or elementary principal shall
request that the superintendent obtain information from the federal bureau of
investigation as a part of the criminal records check for the applicant. If the
applicant presents proof that the applicant has been a resident of this state
for that five-year period, the director, head teacher, or elementary principal
may request that the superintendent include information from the federal bureau
of investigation in the criminal records check. |
| (2) |
Any director, head teacher, elementary principal,
or site administrator required by division (A)(1) of this section to request a
criminal records check shall provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code,
provide to each applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code,
obtain the completed form and impression sheet from each applicant, and forward
the completed form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the person requests a
criminal records check pursuant to division (A)(1) of this section. |
| (3) |
Any applicant who receives pursuant to division
(A)(2) of this section a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and
a copy of an impression sheet prescribed pursuant to division (C)(2) of that
section and who is requested to complete the form and provide a set of
fingerprint impressions shall complete the form or provide all the information
necessary to complete the form and provide the impression sheet with the
impressions of the applicant's fingerprints. If an applicant, upon request,
fails to provide the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the preschool program
shall not employ that applicant for any position for which a criminal records
check is required by division (A)(1) of this section. |
|
| (B) |
| (1) |
Except
as provided in rules adopted by the department of education in accordance with
division (E) of this section, no preschool program shall employ a person as a
person responsible for the care, custody, or control of a child if the person
previously has been convicted of or pleaded guilty to any of the following:
| (a) |
A violation of section
2903.01,
2903.02,
2903.03,
2903.04,
2903.11,
2903.12,
2903.13,
2903.16,
2903.21,
2903.34,
2905.01,
2905.02,
2905.05,
2907.02,
2907.03,
2907.04,
2907.05,
2907.06,
2907.07,
2907.08,
2907.09,
2907.21,
2907.22,
2907.23,
2907.25,
2907.31,
2907.32,
2907.321,
2907.322,
2907.323,
2911.01,
2911.02,
2911.11,
2911.12,
2919.12,
2919.22,
2919.24,
2919.25,
2923.12,
2923.13,
2923.161,
2925.02,
2925.03,
2925.04,
2925.05,
2925.06, or
3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that
would have been a violation of section
2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation occurred prior to that
date, a violation of section
2925.11 of the Revised Code that
is not a minor drug possession offense, or felonious sexual penetration in
violation of former section
2907.12 of the Revised
Code; |
| (b) |
A
violation of an existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses or
violations described in division (B)(1)(a) of this section. |
|
| (2) |
A preschool program may employ an applicant
conditionally until the criminal records check required by this section is
completed and the preschool program receives the results of the criminal
records check. If the results of the criminal records check indicate that,
pursuant to division (B)(1) of this section, the applicant does not qualify for
employment, the preschool program shall release the applicant from
employment. |
|
| (C) |
| (1) |
Each
preschool program shall pay to the bureau of criminal identification and
investigation the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for
each criminal records check conducted in accordance with that section upon the
request pursuant to division (A)(1) of this section of the director, head
teacher, elementary principal, or site administrator of the preschool
program. |
| (2) |
A preschool program may charge an applicant a fee
for the costs it incurs in obtaining a criminal records check under this
section. A fee charged under this division shall not exceed the amount of fees
the preschool program pays under division (C)(1) of this section. If a fee is
charged under this division, the preschool program shall notify the applicant
at the time of the applicant's initial application for employment of the amount
of the fee and that, unless the fee is paid, the applicant will not be
considered for employment. |
|
| (D) |
The report of any criminal records check conducted
by the bureau of criminal identification and investigation in accordance with
section 109.572 of the Revised Code and
pursuant to a request under division (A)(1) of this section is not a public
record for the purposes of section
149.43 of the Revised Code and
shall not be made available to any person other than the applicant who is the
subject of the criminal records check or the applicant's representative, the
preschool program requesting the criminal records check or its representative,
and any court, hearing officer, or other necessary individual in a case dealing
with the denial of employment to the applicant. |
| (E) |
The department of education shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which a preschool program may
hire a person who has been convicted of an offense listed in division (B)(1) of
this section but who meets standards in regard to rehabilitation set by the
department. |
| (F) |
Any person required by division (A)(1) of this
section to request a criminal records check shall inform each person, at the
time of the person's initial application for employment, that the person is
required to provide a set of impressions of the person's fingerprints and that
a criminal records check is required to be conducted and satisfactorily
completed in accordance with section
109.572 of the Revised Code if
the person comes under final consideration for appointment or employment as a
precondition to employment for that position. |
| (G) |
As used in this section:
| (1) |
"Applicant" means a person who is under final consideration for appointment or
employment in a position with a preschool program as a person responsible for
the care, custody, or control of a child, except that "applicant" does not
include a person already employed by a board of education, community school, or chartered nonpublic school in a
position of care, custody, or control of a child who is under consideration for
a different position with such board or school. |
| (2) |
"Criminal records check" has the same meaning as in section
109.572 of the Revised
Code. |
| (3) |
"Minor
drug possession offense" has the same meaning as in section
2925.01 of the Revised
Code. |
|
| (H) |
If the board of education of a local school
district adopts a resolution requesting the assistance of the educational
service center in which the local district has territory in conducting criminal
records checks of substitute teachers under this section, the appointing or
hiring officer of such educational service center governing board shall serve
for purposes of this section as the appointing or hiring officer of the local
board in the case of hiring substitute teachers for employment in the local
district. |
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Effective Date: 01-30-1998
.
| (A) |
A school district, county
board of
developmental disabilities, community school, or eligible nonpublic
school operating a preschool program shall house the program in buildings that
meet the following requirements:
| (1) |
The building
is operated by the district, county
board of developmental disabilities, community
school, or eligible nonpublic school and has been approved by the division of
industrial compliance in the department of commerce or a certified municipal,
township, or county building department for the purpose of operating a program
for preschool children. Any such structure shall be constructed, equipped,
repaired, altered, and maintained in accordance with applicable provisions of
Chapters 3781. and 3791. and with rules adopted by the board of building
standards under Chapter 3 781. of the Revised Code for the safety and
sanitation of structures erected for this purpose. |
| (2) |
The
building is in compliance with fire and safety laws and regulations as
evidenced by reports of annual school fire and safety inspections as conducted
by appropriate local authorities. |
| (3) |
The
school is in compliance with rules established by the state board of education
regarding school food services. |
| (4) |
The
facility includes not less than thirty-five square feet of indoor space for
each child in the program. Safe play space, including both indoor and outdoor
play space, totaling not less than sixty square feet for each child using the
space at any one time, shall be regularly available and scheduled for
use. |
| (5) |
First aid
facilities and space for temporary placement or isolation of injured or ill
children are provided. |
|
| (B) |
Each school district, county board
of developmental disabilities, community school,
or eligible nonpublic school that operates, or proposes to operate, a preschool
program shall submit a building plan including all information specified by the
state board of education to the board not later than the first day of September
of the school year in which the program is to be initiated. The board shall
determine whether the buildings meet the requirements of this section and
section 3301.53 of the Revised Code, and
notify the superintendent of its determination. If the board determines, on the
basis of the building plan or any other information, that the buildings do not
meet those requirements, it shall cause the buildings to be inspected by the
department of education. The department shall make a report to the
superintendent specifying any aspects of the building that are not in
compliance with the requirements of this section and section
3301.53 of the Revised Code and
the time period that will be allowed the district, county
board of
developmental disabilities, or school to meet the requirements. |
Amended by
131st General Assembly File No. TBD, HB 158, §1,
eff. 10/12/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.127, HB 487,
§101.01, eff.
9/10/2012.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Amended by
128th General Assemblych.9, SB 79,
§1, eff.
10/6/2009.
Effective Date: 09-01-2003
.
| (A) |
The director, head
teacher, elementary principal, or site administrator who is on site and
responsible for supervision of each preschool program shall be
responsible for the following:
| (1) |
Ensuring that the health and safety of the children are safeguarded by an
organized program of school health services designed to identify child health
problems and to coordinate school and community health resources for children,
as evidenced by but not limited to:
| (a) |
Requiring immunization and compliance with emergency medical authorization
requirements in accordance with rules adopted by the state board of education
under section 3301.53 of the Revised
Code; |
| (b) |
Providing procedures for emergency situations, including fire drills, rapid
dismissals, tornado drills, and school safety drills in accordance with section
3737.73 of the Revised Code, and
keeping records of such drills or dismissals; |
| (c) |
Posting emergency procedures in preschool rooms and making them available to
school personnel, children, and parents; |
| (d) |
Posting emergency numbers by each telephone; |
| (e) |
Supervising grounds, play areas, and other facilities when scheduled for use by
children; |
| (f) |
Providing first-aid facilities and materials. |
|
| (2) |
Maintaining cumulative records for each child; |
| (3) |
Supervising each child's admission, placement, and withdrawal according to
established procedures; |
| (4) |
Preparing at least once annually for each group of children in the program a
roster of names and telephone numbers of parents, guardians, and custodians of
children in the group and, on request, furnishing the roster for each group to
the parents, guardians, and custodians of children in that group. The director
may prepare a similar roster of all children in the program and, on request,
make it available to the parents, guardians, and custodians, of children in the
program. The director shall not include in either roster the name or telephone
number of any parent, guardian, or custodian who requests that the parent's,
guardian's, or custodian's name or number not be included, and shall not
furnish any roster to any person other than a parent, guardian, or custodian of
a child in the program. |
| (5) |
Ensuring that clerical and custodial services are provided for the
program; |
| (6) |
Supervising the instructional program and the daily operation of the
program; |
| (7) |
Supervising and evaluating preschool staff members according to a planned
sequence of observations and evaluation conferences, and supervising
nonteaching employees. |
|
| (B) |
| (1) |
In each
program the maximum number of children per preschool staff member and the
maximum group size by age category of children shall be as follows:
Age Group Birth
to less than 12 months
|
Maximum Group
Size 12
|
Staff Member/
Child Ratio 1:5, or 2:12 if two preschool staff members are in the
room
|
12 months to
less than 18 months
|
12
|
1:6
|
18 months to
less than 30 months
|
14
|
1:7
|
30 months to
less than 3 years
|
16
|
1:8
|
3-year-olds
|
24
|
1:12
|
4- and
5-year-olds not in school
|
28
|
1:14
|
|
| (2) |
When
age groups are combined, the maximum number of children per preschool staff
member shall be determined by the age of the youngest child in the group,
except that when no more than one child thirty months of age or older receives
child care in a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member and maximum
group size requirements of the older age group established under division
(B)(1) of this section shall apply. |
| (3) |
In a room where children are napping, if all the
children are at least eighteen months of age, the maximum number of children
per preschool staff member shall, for a period not to exceed one and one-half
hours in any twenty-four hour day, be twice the maximum number of children per
preschool staff member established under division (B)(1) of this section if all
the following criteria are met:
| (a) |
At least one preschool staff member is present in the room; |
| (b) |
Sufficient preschool staff members are present on the preschool program
premises to comply with division (B)(1) of this section; |
| (c) |
Naptime preparations have been completed and the children are resting or
napping. |
|
| (4) |
Any
accredited program that uses the Montessori method endorsed by the American
Montessori society or the association Montessori internationale as its primary
method of instruction and is licensed as a preschool program under section
3301.58 of the Revised Code may
combine preschool children of ages three to five years old with children
enrolled in kindergarten. Notwithstanding anything to the contrary in division
(B)(2) of this section, when such age groups are combined, the maximum number
of children per preschool staff member shall be twelve and the maximum group
size shall be twenty-four children. |
|
| (C) |
In each building in which a preschool program is
operated there shall be on the premises, and readily available at all times, at
least one employee who has completed a course in first aid and in the
prevention, recognition, and management of communicable diseases which is
approved by the state department of health, and an employee who has completed a
course in child abuse recognition and prevention. |
| (D) |
Any parent, guardian, or custodian of a child
enrolled in a preschool program shall be permitted unlimited access to the
school during its hours of operation to contact the parent's, guardian's, or
custodian's child, evaluate the care provided by the program, or evaluate the
premises, or for other purposes approved by the director. Upon entering the
premises, the parent, guardian, or custodian shall report to the school
office. |
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Effective Date:
10-20-1987; 05-18-2005; 09-29-2005; 09-28-2006.
| (A) |
For the purpose of improving programs, facilities,
and implementation of the standards promulgated by the state board of education
under section 3301.53 of the Revised Code, the
state department of education shall provide consultation and technical
assistance to school districts, county
boards of developmental disabilities, community
schools, and eligible nonpublic schools operating preschool programs or school
child programs, and inservice training to preschool staff members, school child
program staff members, and nonteaching employees. |
| (B) |
The department and the school district board of education, county
board of
developmental disabilities, community school, or eligible nonpublic
school shall jointly monitor each preschool program and each school child
program. If the program receives
any grant or other funding from the state or federal government, the department
annually shall monitor all reports on attendance, financial support, and
expenditures according to provisions for use of the funds.
|
| (C) |
The department of education, at least once during every twelve-month period of
operation of a preschool program or a licensed school child program, shall
inspect the program and provide a written inspection report to the
superintendent of the school district, county board of developmental
disabilities, community school, or eligible nonpublic school. The
department may inspect any program more than once, as considered necessary by
the department, during any twelvemonth period of operation. All inspections may
be unannounced. No person shall interfere with any inspection conducted
pursuant to this division or to the rules adopted pursuant to sections
3301.52 to
3301.59 of the Revised Code. Upon receipt of any
complaint that a preschool program or a licensed school child program is out of
compliance with the requirements in sections
3301.52 to
3301.59 of the Revised Code or
the rules adopted under those sections, the department shall investigate and
may inspect the program.
|
| (D) |
If
a preschool program or a licensed school child program is determined to be out
of compliance with the requirements of sections
3301.52 to
3301.59 of the Revised Code or
the rules adopted under those sections, the department of education shall
notify the appropriate superintendent, county board of developmental
disabilities, community school, or eligible nonpublic school in writing
regarding the nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the correction is
not made by the date established by the department, it may commence action
under Chapter 119. of the Revised Code to close the program or to revoke the
license of the program. If a program does not comply with an order to cease
operation issued in accordance with Chapter 119. of the Revised Code, the
department shall notify the attorney general, the prosecuting attorney of the
county in which the program is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal corporation in which
the program is located that the program is operating in violation of sections
3301.52 to
3301.59 of the Revised Code or
the rules adopted under those sections and in violation of an order to cease
operation issued in accordance with Chapter 119. of the Revised Code. Upon
receipt of the notification, the attorney general, prosecuting attorney, city
attorney, village solicitor, or other chief legal officer shall file a
complaint in the court of common pleas of the county in which the program is
located requesting the court to issue an order enjoining the program from
operating. The court shall grant the requested injunctive relief upon a showing
that the program named in the complaint is operating in violation of sections
3301.52 to
3301.59 of the Revised Code or
the rules adopted under those sections and in violation of an order to cease
operation issued in accordance with Chapter 119. of the Revised Code. |
| (E) |
The department of education shall prepare an annual report on inspections
conducted under this section. The report shall include the number of
inspections conducted, the number and types of violations found, and the steps
taken to address the violations. The department shall file the report with the
governor, the president and minority leader of the senate, and the speaker and
minority leader of the house of representatives on or before the first day of
January of each year, beginning in 1999. |
Amended by
131st General Assembly File No. TBD, HB 158, §1,
eff. 10/12/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Amended by
128th General Assemblych.9, SB 79,
§1, eff.
10/6/2009.
Effective Date: 09-01-2003
.
| (A) |
The department of education is responsible for the
licensing of preschool programs and school child programs and for the
enforcement of sections
3301.52 to
3301.59 of the Revised Code and
of any rules adopted under those sections. No school district board of
education, county board
of developmental disabilities, community school,
or eligible nonpublic school shall operate, establish, manage, conduct, or
maintain a preschool program without a license issued under this section. A
school district board of education, county board of developmental
disabilities, community school, or eligible nonpublic school may obtain a
license under this section for a school child program. The school district
board of education, county board
of developmental disabilities, community school,
or eligible nonpublic school shall post the license for each preschool program
and licensed school child program it operates, establishes, manages, conducts,
or maintains in a conspicuous place in the preschool program or licensed school
child program that is accessible to parents, custodians, or guardians and
employees and staff members of the program at all times when the program is in
operation. |
| (B) |
Any school district board of education, county
board of
developmental disabilities, community school, or eligible nonpublic
school that desires to operate, establish, manage, conduct, or maintain a
preschool program shall apply to the department of education for a license on a
form that the department shall prescribe by rule. Any school district board of
education, county board
of developmental disabilities, community school,
or eligible nonpublic school that desires to obtain a license for a school
child program shall apply to the department for a license on a form that the
department shall prescribe by rule. The department shall provide at no charge
to each applicant for a license under this section a copy of the requirements
under sections 3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections. The department may establish
application fees by rule adopted under Chapter 119. of the Revised Code, and
all applicants for a license shall pay any fee established by the department at
the time of making an application for a license. All fees collected pursuant to
this section shall be paid into the state treasury to the credit of the general
revenue fund. |
| (C) |
Upon the filing of an application for a license,
the department of education shall investigate and inspect the preschool program
or school child program to determine the license capacity for each age category
of children of the program and to determine whether the program complies with
sections 3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections. When, after investigation and
inspection, the department of education is satisfied that sections
3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections are complied with by the applicant, the
department of education shall issue the program a provisional license as soon
as practicable in the form and manner prescribed by the rules of the
department. The provisional license shall be valid for one year from the date
of issuance unless revoked. |
| (D) |
The department of education shall investigate and inspect a preschool program
or school child program that has been issued a provisional license at least
once during operation under the provisional license. If, after the
investigation and inspection, the department of education determines that the
requirements of sections
3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections are met by the provisional licensee, the
department of education shall issue the program a license. The license shall
remain valid unless revoked or the program ceases operations. |
| (E) |
The department of education annually shall investigate and inspect each
preschool program or school child program licensed under division (D) of this
section to determine if the requirements of sections
3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections are met by the program, and shall notify
the program of the results. |
| (F) |
The license or provisional license shall state the name of the school district
board of education, county board
of developmental disabilities, community school,
or eligible nonpublic school that operates the preschool program or school
child program and the license capacity of the program. |
| (G) |
The department of education may revoke the license of any preschool program or
school child program that is not in compliance with the requirements of
sections 3301.52 to
3301.59 of the Revised Code and
any rules adopted under those sections. |
| (H) |
If
the department of education revokes a license, the department shall not issue a
license to the program within two years from the date of the revocation. All
actions of the department with respect to licensing preschool programs and
school child programs shall be in accordance with Chapter 119. of the Revised
Code. |
Amended by
131st General Assembly File No. TBD, HB 158, §1,
eff. 10/12/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
128th General Assemblych.128, SB 79,
§1, eff.
10/6/2009.
Effective Date: 09-01-2003
.
Effective Date:
09-26-2003.
| (A) |
No school
child program may receive any state or federal funds specifically allocated for
school child programs unless the school child program is licensed by the
department of education pursuant to sections
3301.52 to 3301.59 of the Revised
Code or by the department of job and family services pursuant to Chapter 5104.
of the Revised Code. |
| (B) |
If an
eligible nonpublic school is operating, managing, conducting, or maintaining a
preschool program or school child program on July 22, 1991, and if the eligible
nonpublic school previously obtained a license for the program from the
department of job and family services pursuant to Chapter 5104. of the Revised
Code, the eligible nonpublic school shall do one of the following:
| (1) |
On or before the expiration date of the
license, apply pursuant to Chapter 5104. of the Revised Code to the department
of job and family services for a renewal of the license; |
| (2) |
On or before the expiration date of the
license, apply pursuant to sections
3301.52 to 3301.59 of the Revised
Code to the department of education for a license for the program; |
| (3) |
If the program is a preschool program,
cease to operate, manage, conduct, or maintain the program; |
| (4) |
If the program is a school child program,
not accept any state or federal funds specifically allocated for school child
programs and not accept any state or federal funds for publicly funded child
care pursuant to Chapter 5104. of the Revised Code. |
|
| (C) |
If an eligible nonpublic school is
operating, managing, conducting, or maintaining a preschool program or school
child program on July 22, 1991, and if the eligible nonpublic school previously
has not obtained a license for the program from the department of job and
family services pursuant to Chapter 5104. of the Revised Code, the eligible
nonpublic school shall do one of the following:
| (1) |
On July 22, 1991, apply pursuant to
Chapter 5104. of the Revised Code to the department of job and family services
for a license for the program; |
| (2) |
On July 22, 1991, apply pursuant to sections
3301.52 to 3301.59 of the Revised
Code to the department of education for a license for the program; |
| (3) |
If the program is a preschool program,
cease to operate, manage, conduct, or maintain the program; |
| (4) |
If the program is a school child program,
not accept any state or federal funds specifically allocated for school child
programs and not accept any state or federal funds for publicly funded child
care pursuant to Chapter 5104. of the Revised Code. |
|
| (D) |
| (1) |
If an eligible nonpublic school that operates, manages, conducts, or maintains
a preschool program or a school child program elects pursuant to division
(B)(1) of this section to renew a license for the program that was issued by
the department of job and family services or elects pursuant to division (C)(1)
of this section to apply to the department of job and family services for a
license for the program, that preschool program or school child program is
subject to Chapter 5104. of the Revised Code and to licensure under that
chapter until the eligible nonpublic school ceases to operate, manage, conduct,
or maintain the program. |
| (2) |
If
an eligible nonpublic school that operates, manages, conducts, or maintains a
preschool program or a school child program elects pursuant to division (B)(2)
or (C)(2) of this section to apply to the department of education for a license
for the program, that preschool program or school child program is subject to
sections 3301.52 to 3301.59 of the Revised
Code and to licensure under those sections until the eligible nonpublic school
ceases to operate, manage, conduct, or maintain the program. |
|
| (E) |
Not later than July 22, 1992,
the departments of job and family services and education shall each prepare a
list of the preschool programs and school child programs that are licensed by
the respective departments. |
Effective Date:
07-01-2000;
05-18-2005.
The interstate
compact on educational opportunity for military children is hereby ratified,
enacted into law, and entered into by this state as a party thereto with any
other state that heretofore has legally joined or hereafter legally joins the
compact, as follows:
Interstate Compact on Educational Opportunity for
Military Children
ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families because of
frequent moves and deployment of their parents by:
A.Facilitating the
timely enrollment of children of military families and ensuring that they are
not placed at a disadvantage due to difficulty in the transfer of education
records from the previous school district or variations in entrance or age
requirements.
B.Facilitating the
student placement process through which children of military families are not
disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content, or assessment.
C.Facilitating the
qualification and eligibility for enrollment, educational programs, and
participation in extracurricular academic, athletic, and social
activities.
D.Facilitating the
on-time graduation of children of military families.
E.Providing for the
promulgation and enforcement of administrative rules implementing the
provisions of this compact.
F.Providing for the
uniform collection and sharing of information between and among member states,
schools, and military families under this compact.
G.Promoting coordination
between this compact and other compacts affecting military children.
H. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to achieve educational
success for the student.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
A."Active duty" means
full-time duty status in the active uniformed service of the United States,
including members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. 1209 and
1211.
B."Children of military
families" means school-aged children, enrolled in kindergarten through twelfth
grade, in the household of an active duty member.
C."Compact commissioner"
means the voting representative of each compacting state appointed pursuant to
Article VIII of this compact.
D."Deployment" means the
period one month prior to the servicemembers'
departure from their home station on military orders through six months after
return to their home station.
E."Educational records"
or "education records" means those official records, files, and data directly
related to a student and maintained by the school or local education agency,
including, but not limited to, records encompassing all the material kept in
the student's cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement and results
of evaluative tests, health data, disciplinary status, test protocols, and
individualized education programs.
F."Extracurricular
activities" means a voluntary activity sponsored by the school or local
education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and
involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
G."Interstate Commission
on Educational Opportunity for Military Children" means the commission that is
created under Article IX of this compact, which is generally referred to as
Interstate Commission.
H. "Local education agency" means a public authority
legally constituted by the state as an administrative agency to provide control
of and direction for kindergarten through twelfth grade public educational
institutions.
I. "Member state" means a state that has enacted this
compact.
J. "Military installation" means a base, camp, post,
station, yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the Department of Defense, including any leased facility,
which is located within any of the several states, the District of Columbia,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
the Northern Marianas Islands, and any other United States territory. Such term
does not include any facility used primarily for civil works, rivers and
harbors projects, or flood control projects.
K. "Nonmember state" means a state that has not enacted
this compact.
L. "Receiving state" means the state to which a child
of a military family is sent, brought, or caused to be sent or brought.
M. "Rule" means a written statement by the Interstate
Commission promulgated pursuant to Article XII of this compact that is of
general applicability, implements, interprets, or prescribes a policy or
provision of the compact, or an organizational, procedural, or practice
requirement of the Interstate Commission, and has the force and effect of
statutory law in a member state, and includes the amendment, repeal, or
suspension of anexisting rule.
N. "Sending state" means the state from which a child
of a military family is sent, brought, or caused to be sent or brought.
0."State" means a state
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands, and any other United States territory.
P. "Student" means the child of a military family for
whom the local education agency receives public funding and who is formally
enrolled in kindergarten through twelfth grade.
Q. "Transition" means 1) the formal and physical
process of transferring from school to school or 2) the period of time in which
a student moves from one school in the sending state to another school in the
receiving state.
R. "Uniformed services" means the Army, Navy, Air
Force, Marine Corps, and Coast Guard, as well as the Commissioned Corps of the
National Oceanic and Atmospheric Administration and Public Health
Service.
S. "Veteran" means a person who served in the uniformed
services and who was discharged or released therefrom under conditions other
than dishonorable.
ARTICLE III. APPLICABILITY
A.Except as otherwise
provided in Section B, this compact shall apply to the children of:
1.Active duty members of
the uniformed services as defined in this compact, including members of the
national guard and reserve on active duty orders pursuant to
10 U.S.C. 1209 and
1211 ;
2.Members or veterans of
the uniformed services who are severely injured and medically discharged or
retired for a period of one year after medical discharge or retirement;
and
3.Members of the
uniformed services who die on active duty or as a result of injuries sustained
on active duty for a period of one year after death.
B.The provisions of this
interstate compact shall only apply to local education agencies as defined in
this compact.
C.The provisions of this
compact shall not apply to the children of:
1.Inactive members of
the national guard and military reserves;
2.Members of the
uniformed services now retired, except as provided in Section A;
3.Veterans of the
uniformed services, except as provided in Section A; and
4.Other Department of
Defense personnel and other federal agencycivilian and contract employees not defined as active duty
members of the uniformed services.
ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
A.Unofficial or
"hand-carried" education records - In the event that official education records
cannot be released to the parents for the purpose of transfer, the custodian of
the records in the sending state shall prepare and furnish to the parent a
complete set of unofficial educational records containing uniform information
as determined by the Interstate Commission. Upon receipt of the unofficial
education records by a school in the receiving state, the school shall enroll
and appropriately place the student based on the information provided in the
unofficial records pending validation by the official records, as quickly as
possible.
B.Official education
records and transcripts - Simultaneous with the enrollment and conditional
placement of the student, the school in the receiving state shall request the
student's official education record from the school in the sending state. Upon
receipt of this request, the school in the sending state will process and
furnish the official education records to the school in the receiving state
within ten days or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission.
C.Immunizations -
Compacting states shall give thirty days from the date of enrollment or within
such time as is reasonably determined under the rules promulgated by the
Interstate Commission, for students to obtain any immunizations required by the
receiving state. For a series of immunizations, initial vaccinations must be
obtained within thirty days or within such time as is reasonably determined
under the rules promulgated by the Interstate Commission.
D.Kindergarten and first
grade entrance age - Students shall be allowed to continue their enrollment at
grade level in the receiving state commensurate with their grade level
(including kindergarten) from a local education agency in the sending state at
the time of transition, regardless of age. A student that has satisfactorily
completed the prerequisite grade level in the local education agency in the
sending state shall be eligible for enrollment in the next highest grade level
in the receiving state, regardless of age. A student transferring after the
start of the school year in the receiving state shall enter the school in the
receiving state on their validated level from an accredited school in the
sending state.
ARTICLE V. PLACEMENT AND ATTENDANCE
A. Course placement - When the student transfers before
or during the school year, the receiving state school shall initially honor
placement of thestudent in educational courses
based on the student's enrollment in the sending state school or educational
assessments conducted at the school in the sending state if the courses are
offered. Course placement includes but is not limited to Honors, International
Baccalaureate, Advanced Placement, vocational, technical, and career pathways
courses. Continuing the student's academic program from the previous school and
promoting placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the school in the
receiving state from performing subsequent evaluations to ensure appropriate
placement and continued enrollment of the student in the courses.
B.Educational program
placement - The receiving state school shall initially honor placement of the
student in educational programs based on current educational assessments
conducted at the school in the sending state or participation/placement in like
programs in the sending state. Such programs include, but are not limited to:
1) gifted and talented programs; and 2) English as a second language. This does
not preclude the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
C.Special education
services - 1) In compliance with the federal requirements of the Individuals
with Disabilities Education Act (IDEA),
20 U.S.C. 1400 et seq., the receiving state shall
initially provide comparable services to a student with disabilities based on
the student's current individualized education program (IEP); and 2) in
compliance with the requirements of Section 504 of the Rehabilitation Act,
29 U.S.C. 794, and with Title II of the Americans with
Disabilities Act, 42 U.S.C. 12131 to
12165, the receiving state shall
make reasonable accommodations and modifications to address the needs of
incoming students with disabilities, subject to an existing Section 504 or
Title II Plan, to provide the student with equal access to education. This does
not preclude the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
D.Placement flexibility
- Local education agency administrative officials shall have flexibility in
waiving course or program prerequisites, or other preconditions for placement
in courses or programs offered under the jurisdiction of the local education
agency.
E.Absence as related to
deployment activities - A student whose parent or legal guardian is an active
duty member of the uniformed services, as defined by the compact, and has been
called to duty for, is on leave from, or immediately returned from deployment
to a combat zone or combat support posting, shall be granted additional excused
absences at the discretion of thelocal education
agency superintendent to visit with the student's parent or legal guardian
relative to such leave or deployment of the parent or guardian.
ARTICLE VI. ELIGIBILITY
A.Eligibility for
enrollment
1.A special power of
attorney, relative to the guardianship of a child of a military family and
executed under applicable law shall be sufficient for the purposes of
enrollment and all other actions requiring parental participation and
consent.
2.A local education
agency shall be prohibited from charging local tuition to a transitioning
military child placed in the care of a noncustodial parent or other person
standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent.
3.A transitioning
military child, placed in the care of a noncustodial parent or other person
standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent, may continue to attend the school in which the child was
enrolled while residing with the custodial parent.
B.Eligibility for
extracurricular participation - State and local education agencies shall
facilitate the opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines, to the extent
they are otherwise qualified.
ARTICLE VII. GRADUATION
In order to facilitate the on-time graduation of
children of military families states and local education agencies shall
incorporate the following procedures:
A.Waiver requirements -
Local education agency administrative officials shall waive specific courses
required for graduation if similar coursework has been satisfactorily completed
in another local education agency or shall provide reasonable justification for
denial. Should a waiver not be granted to a student who would qualify to
graduate from the sending school, the local education agency shall provide an
alternative means of acquiring required coursework so that graduation may occur
on time.
B.Exit exams - States
shall accept: 1) exit or end-of-course exams required for graduation from the
sending state; or 2) national norm-referenced achievement tests; or 3)
alternative testing, in lieu of testing requirements for graduation in the
receiving state. In the event the above alternatives cannot be accommodated by
the receiving state for a student transferring in his or her Senior year, then
the provisions of Article VII, Section C shall apply.
C.Transfers during
Senior year - Should a military student transferringat the beginning or during the student's Senior year be
ineligible to graduate from the receiving local education agency after all
alternatives have been considered, the sending and receiving local education
agencies shall ensure the receipt of a diploma from the sending local education
agency, if the student meets the graduation requirements of the sending local
education agency. In the event that one of the states in question is not a
member of this compact, the member state shall use best efforts to facilitate
the on-time graduation of the student in accordance with Sections A and B of
this Article.
ARTICLE VIII. STATE COORDINATION
A.Each member state
shall, through the creation of a state council or use of an existing body or
board, provide for the coordination among its agencies of government, local
education agencies and military installations concerning the state's
participation in, and compliance with, this compact and Interstate Commission
activities. While each member state may determine the membership of its own
state council, its membership must include at least: the state superintendent
of education, superintendent of a school district with a high concentration of
military children, representative from a military installation, one
representative each from the legislative and executive branches of government,
and other offices and stakeholder groups the state council deems appropriate. A
member state that does not have a school district deemed to contain a high
concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the state
council.
B.The state council of
each member state shall appoint or designate a military family education
liaison to assist military families and the state in facilitating the
implementation of this compact.
C.The compact
commissioner responsible for the administration and management of the state's
participation in the compact shall be appointed by the governor or as otherwise
determined by each member state.
D.The compact
commissioner and the military family education liaison designated herein shall
be ex officio members of the state council, unless either is already a full
voting member of the state council.
ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "Interstate
Commission on Educational Opportunity for Military Children." The activities of
the Interstate Commission are the formation of public policy and are a
discretionary state function. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member
states and shallhave all the responsibilities,
powers and duties set forth herein, and such additional powers as may be
conferred upon it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of this
compact.
B.Consist of one
Interstate Commission voting representative from each member state who shall be
that state's compact commissioner.
1.Each member state
represented at a meeting of the Interstate Commission is entitled to one
vote.
2.A majority of the
total member states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the Interstate
Commission.
3.A representative shall
not delegate a vote to another member state. In the event the compact
commissioner is unable to attend a meeting of the Interstate Commission, the
governor or state council may delegate voting authority to another person from
their state for a specified meeting.
4.The bylaws may provide
for meetings of the Interstate Commission to be conducted by telecommunication
or electronic communication.
C.Consist of ex officio,
nonvoting representatives who are members of interested organizations. Such ex
officio members, as defined in the bylaws, may include but not be limited to,
members of the representative organizations of military family advocates, local
education agency officials, parent and teacher groups, the Department of
Defense, the Education Commission of the States, the Interstate Agreement on
the Qualification of Educational Personnel and other interstate compacts
affecting the education of children of military members.
D.Meet at least once
each calendar year. The chairperson may call additional meetings and, upon the
request of a simple majority of the member states, shall call additional
meetings.
E.Establish an executive
committee, whose members shall include the officers of the Interstate
Commission and such other members of the Interstate Commission as determined by
the bylaws. Members of the executive committee shall serve a one year term.
Members of the executive committee shall be entitled to one vote each. The
executive committee shall have the power to act on behalf of the Interstate
Commission, with the exception of rulemaking, during periods when the
Interstate Commission is not in session. The executive committee shall oversee
the day-to-day activities of the administration of the compact including
enforcement and compliance with the provisions of the compact, its bylaws and
rules, and other such duties as deemed necessary. The Department of Defense,
shall serve as an ex officio, nonvoting member of the executive
committee.
F.Establish bylaws and
rules that provide for conditions and procedures under which the Interstate
Commission shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may exempt from
disclosure information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
G.Give public notice of
all meetings and all meetings shall be open to the public, except as set forth
in the rules or as otherwise provided in the compact. The Interstate Commission
and its committees may close a meeting, or portion thereof, where it determines
by two-thirds vote that an open meeting would be likely to:
1.Relate solely to the
Interstate Commission's internal personnel practices and procedures;
2.Disclose matters
specifically exempted from disclosure by federal and state statute;
3.Disclose trade secrets
or commercial or financial information which is privileged or
confidential;
4.Involve accusing a
person of a crime, or formally censuring a person;
5.Disclose information
of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
6.Disclose investigative
records compiled for law enforcement purposes; or
7.Specifically relate to
the Interstate Commission's participation in a civil action or other legal
proceeding.
H. Shall cause its legal counsel or designee to certify
that a meeting may be closed and shall reference each relevant exemptible
provision for any meeting, or portion of a meeting, which is closed pursuant to
this provision. The Interstate Commission shall keep minutes which shall fully
and clearly describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a roll call
vote. All documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Interstate
Commission.
I. Shall collect standardized data concerning the
educational transition of the children of military families under this compact
as directed through its rules which shall specify the data to be collected, the
means of collection and data exchange, and reporting requirements. Such methods
of data collection, exchange, and reporting shall, in so far as is reasonably
possible,conform to current technology and
coordinate its information functions with the appropriate custodian of records
as identified in the bylaws and rules.
J. Shall create a process that permits military
officials, education officials and parents to inform the Interstate Commission
if and when there are alleged violations of the compact or its rules or when
issues subject to the jurisdiction of the compact or its rules are not
addressed by the state or local education agency. This section shall not be
construed to create a private right of action against the Interstate Commission
or any member state.
ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE
COMMISSION
The Interstate Commission shall have the following
powers:
A.To provide for dispute
resolution among member states.
B.To promulgate rules
and take all necessary actions to effect the goals, purposes, and obligations
as enumerated in this compact. The rules shall have the force and effect of
statutory law and shall be binding in the compact states to the extent and in
the manner provided in this compact.
C.To issue, upon request
of a member state, advisory opinions concerning the meaning or interpretation
of the interstate compact, its bylaws, rules, and actions.
D.To enforce compliance
with the compact provisions, the rules promulgated by the Interstate
Commission, and the bylaws, using all necessary and proper means, including but
not limited to the use of judicial process.
E.To establish and
maintain offices which shall be located within one or more of the member
states.
F.To purchase and
maintain insurance and bonds.
G.To borrow, accept,
hire, or contract for services of personnel.
H. To establish and appoint committees including, but
not limited to, an executive committee as required by Article IX, Section E,
which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
I. To elect or appoint such officers, attorneys,
employees, agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to conflicts of interest,
rates of compensation, and qualifications of personnel.
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize, and
dispose of it.
K. To lease, purchase, accept contributions or
donations of, or otherwiseto own, hold, improve,
or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management
and operation of the Interstate Commission.
0.To report annually to
the legislatures, governors, judiciary, and state councils of the member states
concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been
adopted by the Interstate Commission.
P. To coordinate education, training, and public
awareness regarding the compact, its implementation and operation for officials
and parents involved in such activity.
Q. To establish uniform standards for the reporting,
collecting and exchanging of data.
R. To maintain corporate books and records in
accordance with the bylaws.
S. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
T. To provide for the uniform collection and sharing of
information between and among member states, schools, and military families
under this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of
the members present and voting, within twelve months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but not
limited to:
1.Establishing the
fiscal year of the Interstate Commission;
2.Establishing an
executive committee, and such other committees as may be necessary;
3.Providing for the
establishment of committees and for governing any general or specific
delegation of authority or function of the Interstate Commission;
4.Providing reasonable
procedures for calling and conducting meetings of the Interstate Commission,
and ensuring reasonable notice of each such meeting;
5.Establishing the
titles and responsibilities of the officers and staff ofthe Interstate Commission;
6.Providing a mechanism
for concluding the operations of the Interstate Commission and the return of
surplus funds that may exist upon the termination of the compact after the
payment and reserving of all of its debts and obligations.
7.Providing "start up"
rules for initial administration of the compact.
B.The Interstate
Commission shall, by a majority of the members, elect annually from among its
members a chairperson, a vice-chairperson, and a treasurer, each of whom shall
have such authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate Commission.
The officers so elected shall serve without compensation or remuneration from
the Interstate Commission; provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary and necessary
costs and expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C.Executive Committee,
Officers, and Personnel
1.The executive
committee shall have such authority and duties as may be set forth in the
bylaws, including but not limited to:a .Managing the affairs of the Interstate Commission in a
manner consistent with the bylaws and purposes of the Interstate
Commission;b.Overseeing an organizational structure within, and
appropriate procedures for the Interstate Commission to provide for the
creation of rules, operating procedures, and administrative and technical
support functions; and c.Planning, implementing,
and coordinating communications and activities with other state, federal, and
local government organizations in order to advance the goals of the Interstate
Commission.
2.The executive
committee may, subject to the approval of the Interstate Commission, appoint or
retain an executive director for such period, upon such terms and conditions
and for such compensation, as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission,
but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the
Interstate Commission.
D.The Interstate
Commission's executive director and its employees shall be immune from suit and
liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonablebasis for believing occurred, within the scope of
Interstate Commission employment, duties, or responsibilities; provided, that
such person shall not be protected from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct
of such person.
1.The liability of the
Interstate Commission's executive director and employees or Interstate
Commission representatives, acting within the scope of such person's employment
or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and
laws of that state for state officials, employees, and agents. The Interstate
Commission is considered to be an instrumentality of the states for the
purposes of any such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such
person.
2.The Interstate
Commission shall defend the executive director and its employees and, subject
to the approval of the Attorney General or other appropriate legal counsel of
the member state represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil action seeking to
impose liability arising out of an actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such person.
3.To the extent not
covered by the state involved, member state, or the Interstate Commission, the
representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION
A. Rulemaking Authority - The Interstate Commission
shall promulgate reasonable rules in order to effectively and efficiently
achieve the purposes of this compact. Notwithstanding the foregoing, in the
event the InterstateCommission exercises its
rulemaking authority in a manner that is beyond the scope of the purposes of
this act, or the powers granted hereunder, then such an action by the
Interstate Commission shall be invalid and have no force or effect.
B.Rulemaking Procedure -
Rules shall be made pursuant to a rulemaking process that substantially
conforms to the "Model State Administrative Procedure Act," of 1981 Act,
Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate
to the operations of the Interstate Commission.
C.Not later than thirty
days after a rule is promulgated, any person may file a petition for judicial
review of the rule; provided, that the filing of such a petition shall not stay
or otherwise prevent the rule from becoming effective unless the court finds
that the petitioner has a substantial likelihood of success. The court shall
give deference to the actions of the Interstate Commission consistent with
applicable law and shall not find the rule to be unlawful if the rule
represents a reasonable exercise of the Interstate Commission's
authority.
D.If a majority of the
legislatures of the compacting states rejects a rule by enactment of a statute
or resolution in the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compacting state.
ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION
A.Oversight
1.The executive,
legislative, and judicial branches of state government in each member state
shall enforce this compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as statutory law.
2.All courts shall take
judicial notice of the compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities or actions of the Interstate
Commission.
3.The Interstate
Commission shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the Interstate Commission
shall render a judgment or order void as to the Interstate Commission, this
compact or promulgated rules.
B.Default, Technical
Assistance, Suspension, and Termination - If the Interstate Commission
determines that a member state has defaulted in theperformance of its obligations or responsibilities
under this compact, or the bylaws or promulgated rules, the Interstate
Commission shall:
1.Provide written notice
to the defaulting state and other member states, of the nature of the default,
the means of curing the default and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
2.Provide remedial
training and specific technical assistance regarding the default.
3.If the defaulting
state fails to cure the default, the defaulting state shall be terminated from
the compact upon an affirmative vote of a majority of the member states and all
rights, privileges and benefits conferred by this compact shall be terminated
from the effective date of termination. A cure of the default does not relieve
the offending state of obligations or liabilities incurred during the period of
the default.
4.Suspension or
termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the Interstate Commission to the governor, the
majority and minority leaders of the defaulting state's legislature, and each
of the member states.
5.The state which has
been suspended or terminated is responsible for all assessments, obligations
and liabilities incurred through the effective date of suspension or
termination including obligations, the performance of which extends beyond the
effective date of suspension or termination.
6.The Interstate
Commission shall not bear any costs relating to any state that has been found
to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.
7.The defaulting state
may appeal the action of the Interstate Commission by petitioning the United
States District Court for the District of Columbia or the federal district
where the Interstate Commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation including reasonable attorney's
fees.
C.Dispute
Resolution
1.The Interstate
Commission shall attempt, upon the request of a member state, to resolve
disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
2.The Interstate
Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
D.Enforcement
1.The Interstate
Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
2.The Interstate
Commission, may by majority vote of the members, initiate legal action in the
United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate
Commission has its principal offices, to enforce compliance with the provisions
of the compact, its promulgated rules and bylaws, against a member state in
default. The relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary the prevailing party shall be
awarded all costs of such litigation including reasonable attorney's
fees.
3.The remedies herein
shall not be the exclusive remedies of the Interstate Commission. The
Interstate Commission may avail itself of any other remedies available under
state law or the regulation of a profession.
ARTICLE XIV. FINANCING OF THE INTERSTATE
COMMISSION
A.The Interstate
Commission shall pay, or provide for the payment of the reasonable expenses of
its establishment, organization, and ongoing activities.
B.The Interstate
Commission may levy on and collect an annual assessment from each member state
to cover the cost of the operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The aggregate
annual assessment amount shall be allocated based upon a formula to be
determined by the Interstate Commission, which shall promulgate a rule binding
upon all member states.
C.The Interstate
Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Interstate Commission pledge the
credit of any of the member states, except by and with the authority of the
member state.
D.The Interstate
Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate Commission shall
be audited yearly by a certified or licensed public accountant and the report
of the audit shall be included in and become part of the annual report of the
Interstate Commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND
AMENDMENT
A. Any state is eligible to become a member
state.
B.The compact shall
become effective and binding upon legislative enactment of the compact into law
by no less than ten of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter it shall become effective and binding as to any
other member state upon enactment of the compact into law by that state. The
governors of nonmember states or their designees shall be invited to
participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states.
C.The Interstate
Commission may propose amendments to the compact for enactment by the member
states. No amendment shall become effective and binding upon the Interstate
Commission and the member states unless and until it is enacted into law by
unanimous consent of the member states.
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
A.Withdrawal
1.Once effective, the
compact shall continue in force and remain binding upon each and every member
state; provided that a member state may withdraw from the compact by
specifically repealing the statute, which enacted the compact into law.
2.Withdrawal from this
compact shall be by the enactment of a statute repealing the same, but shall
not take effect until one year after the effective date of such statute and
until written notice of the withdrawal has been given by the withdrawing state
to the Governor of each other member jurisdiction.
3.The withdrawing state
shall immediately notify the chairperson of the Interstate Commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other member
states of the withdrawing state's intent to withdraw within sixty days of its
receipt thereof.
4.The withdrawing state
is responsible for all assessments, obligations and liabilities incurred
through the effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of withdrawal.
5.Reinstatement
following withdrawal of a member state shall occur upon the withdrawing state
reenacting the compact or upon such later date as determined by the Interstate
Commission.
B.Dissolution of
Compact
1.This compact shall
dissolve effective upon the date of the withdrawal or default of the member
state which reduces the membership in the compact to one member state.
2.Upon the dissolution
of this compact, the compact becomes null and void and shall be of no further
force or effect, and the business and affairs ofthe Interstate Commission shall be concluded and surplus
funds shall be distributed in accordance with the bylaws.
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
A.The provisions of this
compact shall be severable, and if any phrase, clause, sentence or provision is
deemed unenforceable, the remaining provisions of the compact shall be
enforceable.
B.The provisions of this
compact shall be liberally construed to effectuate its purposes.
C.Nothing in this
compact shall be construed to prohibit the applicability of other interstate
compacts to which the states are members.
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER
LAWS
A.Other Laws
1.Nothing herein
prevents the enforcement of any other law of a member state that is not
inconsistent with this compact.
2.All member states'
laws conflicting with this compact are superseded to the extent of the
conflict.
B.Binding Effect of the
Compact
1.All lawful actions of
the Interstate Commission, including all rules and bylaws promulgated by the
Interstate Commission, are binding upon the member states.
2.All agreements between
the Interstate Commission and the member states are binding in accordance with
their terms.
3.In the event any
provision of this compact exceeds the constitutional limits imposed on the
legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that
member state.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
| (A) |
The state council on educational opportunity for
military children is hereby established within the department of education. The
council shall consist of the following members:
| (1) |
The
superintendent of public instruction or the superintendent's
designee; |
| (2) |
The director
of veterans services or the director's designee; |
| (3) |
The
superintendent of a school district that has a high concentration of children
of military families, appointed by the governor; |
| (4) |
A
representative of a military installation located in this state, appointed by
the governor; |
| (5) |
A
representative of the governor's office, appointed by the
governor; |
| (6) |
Four members
of the general assembly, appointed as follows:
| (a) |
One member of
the house of representatives appointed by thespeaker of the house of representatives; |
| (b) |
One member of
the house of representatives appointed by the minority leader of the house of
representatives; |
| (c) |
One member of
the senate appointed by the president of the senate; |
| (d) |
One member of
the senate appointed by the minority leader of the
senate. |
|
| (7) |
The compact
commissioner appointed under section
3301.62 of the Revised
Code; |
| (8) |
The military
family education liaison appointed under section
3301.63 of the Revised
Code; |
| (9) |
Other members
appointed in the manner prescribed by and seated at the discretion of the
voting members of the council. The members of the council shall serve at the pleasure of
their appointing authorities. Vacancies shall be filled in the manner of the
initial appointments. The members appointed under divisions (A)(6) to (9) of this
section shall be nonvoting members of the council. The members of the council shall serve without
compensation.
|
|
| (B) |
The
council shall oversee and provide coordination for the state's participation in
and compliance with the interstate compact on educational opportunity for
military children, as ratified by section
3301.60 of the Revised Code. |
| (C) |
The
department of education shall provide staff support for the council. |
| (D) |
Sections
101.82 to
101.87 of the Revised Code do not
apply to the council. |
| (E) |
As used
in this section, "children of military families" and "military installation"
have the same meanings as in Article II of the interstate compact on
educational opportunity for military children. |
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The governor shall
appoint a compact commissioner who shall be responsible for administering the
state's participation in the interstate compact on educational opportunity for
military children, as ratified by section
3301.60 of the Revised Code. The
compact commissioner shall be a state officer within the department of
education and shall serve at the pleasure of the governor.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The state council on
educational opportunity for military children, established under section
3301.61 of the Revised Code, shall
appoint a military family education liaison to assist families and the state in
implementing the interstate compact on educational opportunity for military
children, as ratified by section
3301.60 of the Revised Code. The
department of education shall provide staff support for
the military family education liaison.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The annual assessment
charged to the state for participating in the interstate compact on educational
opportunity for military children shall be divided equally between the
department of education and the department of veterans services.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
Effective Date:
07-26-1991.
| (A) |
The
department of education shall establish a consolidated school mandate report
for school districts. The report shall be distributed and monitored by the
department. Each district or school shall complete and file the report not
later than the thirtieth day of November each year. The report shall require
each district or school to denote "yes" to indicate compliance or "no" to
indicate noncompliance with the items prescribed under division (B) of this
section, and to provide any other information that the department requests
regarding those items. If a district or school denotes "no" on any item, it
shall provide, within thirty days, to its board of education a written
explanation for why that item was not completed and a written plan of action
for accurately and efficiently addressing the problem. |
| (B) |
The
report shall contain the following items:
| (1) |
Training on the use of physical restraint or seclusion on students pursuant to
section
3319.46
of the Revised Code; |
| (2) |
Training on harassment, intimidation, or bullying pursuant to sections
3313.666,
3313.667,
and
3319.073
of the Revised Code; |
| (3) |
Training on the use of cardiopulmonary resuscitation and an automated external
defibrillator under sections
3313.60,
3313.6023,
3313.717,
and
3314.16
of the Revised Code ; |
| (4) |
The reporting of
a district's or school's compliance with nutritional standards prescribed under
section
3313.814
of the Revised Code; |
| (5) |
Screening of
pupils for hearing, vision, speech and communications, and health or medical
problems and for any developmental disorders pursuant to section
3313.673
of the Revised Code; |
| (6) |
Compliance with
intradistrict and interdistrict open enrollment provisions in sections
3313.97
and
3313.98
of the Revised Code. |
|
| (C) |
Except
as provided in division (D) of section
3313.814
of the Revised Code, the department shall not require a separate report for any
of the items listed in division (B) of this section. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
| (A) |
The state board of education is the designated
state agency responsible for the coordination and administration of sections
110 to 118 of the "National and Community Service Act of 1990," 104 Stat. 3127
(1990), 42 U.S.C. 12401 to 12431, as amended. With the
assistance of the Ohio commission on service and
volunteerism created in section
121.40 of the Revised Code, the
state board shall coordinate with other state agencies to apply for funding
under the act when appropriate. |
| (B) |
With the assistance of the Ohio
commission on service and
volunteerism, the state board of education shall develop a plan to assist
school districts in the implementation of section
3313.605 of the Revised Code and
other community service activities of school districts. The state board shall
encourage the development of school district programs meeting the requirements
for funding under the National and Community Service Act of 1990. The plan
shall include the investigation of funding from all available sources for
school community service education programs, including funds available under
the National and Community Service Act of 1990, and the provision of technical
assistance to school districts for the implementation of community service
education programs. The plan shall also provide for technical assistance to be
given to school boards to assist in obtaining funds for community service
education programs from any source. |
| (C) |
With the assistance of the Ohio
commission on service and
volunteerism, the state board of education shall do all of the following:
| (1) |
Disseminate information about school district community service education
programs to other school districts and to statewide organizations involved with
or promoting volunteerism; |
| (2) |
Recruit additional school districts to develop community service education
programs; |
| (3) |
Identify
or develop model community service programs, teacher training courses, and
community service curricula and teaching materials for possible use by school
districts in their programs. |
|
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 06-06-2001
.
On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
state board of education shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a license or certificate issued pursuant to this chapter.
Effective Date:
03-22-2001.
| (A) |
The department of
education shall award a certificate of high school equivalence to each person
who achieves the equivalent of a high school education, as measured by scores
obtained on a high school equivalency test approved by the department pursuant
to division (B) of this section. Each certificate awarded under this section
shall be signed by the superintendent of public instruction and the president
of the state board of education.Notwithstanding
anything to the contrary in the Revised Code, a person who seeks to obtain a
certificate of high school equivalence shall be subject to the requirements of
section 3301.81 of the Revised Code. |
| (B) |
The department shall approve at least two nationally
recognized high school equivalency tests for the purpose of awarding
certificates of high school equivalence under this section. For each test
approved pursuant to division (B) of this section, the department shall ensure
that the scores required for passage are equivalent to the scores required for
passage on the other approved equivalency tests. |
| (C) |
All of the following shall be considered the
equivalent of a certificate of high school equivalence awarded by the
department under this section:
| (1) |
A high school equivalence diploma or a certificate of
high school equivalence awarded by the state board of education prior to the
effective date of this section; |
| (2) |
A certificate of high school equivalence issued prior
to January 1. 1994. attesting to the achievement of the equivalent of a high
school education as measured by scores obtained on tests of general educational
development; |
| (3) |
A statement issued by a
primary-secondary education or higher education agency of another state that
indicates that its holder has achieved the equivalent of a high school
education as measured by scores obtained on a similar nationally recognized
high school equivalency test. |
|
| (D) |
The state board, in consultation with the chancellor
of higher education, shall adopt rules to administer this section and section
3301.81 of the Revised Code. |
Added by
131st General Assembly File No. TBD, HB 113, §1,
eff. 9/14/2016.
Effective Date:
06-09-2004.
| (A) |
A person who meets all of the following criteria
shall be permitted to take a high school
equivalency test approved by the department of education pursuant to division
(B) of section 3301.80 of the Revised
Code:
| (1) |
The person
is at least eighteen years of age. |
| (2) |
The
person is officially withdrawn from school. |
| (3) |
The
person has not received a high school diploma or honors diploma awarded under
section 3313.61,
3313.611,
3313.612, or
3325.08 of the Revised
Code. |
|
| (B) |
A person
who is at least sixteen years of age but less than eighteen years of age may
apply to the department to
take an approved equivalency
test, so long as the person meets all of the following criteria:
| (1) |
The person has not received a high school diploma or
honors diploma awarded under section
3313.61,
3313.611,
3313.612, or
3325.08 of the Revised
Code. |
| (2) |
The person is
officially withdrawn from school. |
| (3) |
The person submits, along with the
application, written
approval from the person's parent or guardian or a court official .
|
|
| (C) |
For the purpose
of calculating graduation rates for the school district and building report
cards under section 3302.03 of the Revised Code, the
department shall count any person who officially withdraws from school to take
an approved equivalency test
under this section as a dropout from the district or school in which the person
was last enrolled. |
| (D) |
If a
person takes an approved equivalency test
and fails to attain the scores required to earn a certificate of high school equivalence
, as defined in section
5107.40 of the Revised Code, on
the entire battery of tests, that person shall be required to retake only the
specific test on which the person did not attain a passing score in order to
earn a certificate of high school equivalence
. If a person retakes a specific
test, that person shall be responsible only for the cost of that test and not
for the cost of the entire battery of tests, unless that person is retaking the
entire battery. |
Renumbered from § 3313.617 by
131st General Assembly File No. TBD, HB 113, §1,
eff. 9/14/2016.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. TBD, HB 483, §101.01, eff.
9/15/2014.
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Repealed by
129th General AssemblyFile No.28, HB 153,
§105.01, eff.
6/30/2011.
Effective Date:
06-30-2005.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
09-28-1999;
06-30-2005.
Effective Date:
06-30-2005.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
09-28-1999;
06-30-2005.
The governor shall
create the early childhood advisory council in accordance with
42 U.S.C. 9837b(b)(1) and shall
appoint one of its members to serve as chairperson of the council. The council
shall serve as the state advisory council on early childhood education and
care, as described in 42 U.S.C. 9837b(b)(1). In
addition to the duties specified in
42 U.S.C. 9837b(b)(1), the council
shall
promote family-centered programs and services that acknowledge and support the
social, emotional, cognitive, intellectual, and physical development of
children and the vital role of families in ensuring the well-being and success
of children.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 07-01-2004
.
Effective Date:
07-01-2004.
Repealed by
131st General Assembly File No. TBD, HB 64, §105.01, eff.
9/29/2015.
Added by
128th General AssemblyFile No.49, SB 210,
§1, eff.
9/17/2010.
Effective Date: 07-01-2004
.
Repealed by
131st General Assembly File No. TBD, HB 64, §105.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Added by
128th General AssemblyFile No.49, SB 210,
§1, eff.
9/17/2010.
The department of
education shall issue an annual report on the participation by public and
chartered nonpublic schools in the option of sections
3313.674,
3314.15, and
3326.26 of the Revised Code to
screen students for body mass index and weight status category. The department
shall include in the report any data regarding student health and wellness
collected in conjunction with those sections. The department shall submit each
report to the governor and the general assembly .
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Repealed by
129th General AssemblyFile No.28, HB 153,
§105.01, eff.
9/29/2011. As the
Governor expressed his intent to maintain the body mass index evalutation
program in his veto messages pertaining to HB 153, and given the subsequent
amendment of this section by
129th General AssemblyFile No.128, SB 316,
§101.01, the publisher
has not implemented the repeal of this section.
Added by
128th General AssemblyFile No.49, SB 210,
§1, eff.
9/17/2010.
The department of education shall
establish a clearinghouse of best practices that schools may use to promote
student health. The department shall update the clearinghouse as necessary
.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Added by
128th General AssemblyFile No.49, SB 210,
§1, eff.
9/17/2010.
Upon approval of the state board of education, the
superintendent of public instruction and the chancellor of the Ohio board of
regents may enter into a memorandum of understanding under which the department
of education, on behalf of the chancellor, will receive and maintain copies of
data records containing student information reported to the chancellor for the
purpose of combining those records with the data reported to the education
management information system established under section
3301.0714 of the Revised Code to
establish an education data repository that may be used to conduct longitudinal
research and evaluation. The memorandum of understanding shall specify the
following:
| (A) |
That, prior to establishing the repository, the
superintendent and chancellor shall develop a strategic plan for the repository
that outlines the goals to be achieved from its implementation and use. A copy
of the strategic plan shall be provided to the governor, the president of the
senate, and the speaker of the house of representatives. |
| (B) |
That
the chancellor shall submit all student data to be included in the repository
to the independent contractor engaged by the department to create and maintain
the student data verification codes required by division (D)(2) of section
3301.0714 of the Revised Code. For
each student included in the data submitted by the chancellor, the independent
contractor shall determine whether a data verification code has been assigned
to that student. In the case of a student to whom a data verification code has
been assigned, the independent contractor shall add the code to the student's
data record and remove from the data record any information that would enable
the data verification code to be matched to personally identifiable student
data. In the case of a student to whom a data verification code has not been
assigned, the independent contractor shall assign a data verification code to
the student, add the data verification code to the student's data record, and
remove from the data record any information that would enable the data
verification code to be matched to personally identifiable student data. After
making the modifications described in this division, the independent contractor
shall transmit the data to the department. |
| (C) |
That
the superintendent and the chancellor jointly shall develop procedures for the
maintenance of the data in the repository and shall designate the types of
research that may be conducted using that data. Permitted uses of the data
shall include, but are not limited to, the following:
| (1) |
Assisting the department, superintendent, or state board in performing audit
and evaluation functions concerning preschool, elementary, and secondary
education as required or authorized by any provision of law, including division
(C) of section
3301.07 and sections
3301.12,
3301.16,
3301.53,
3301.57,
3301.58, and
3302.03 of the Revised Code; |
| (2) |
Assisting the chancellor in performing audit and evaluation functions
concerning higher education as required or authorized by any provision of law,
including sections
3333.04,
3333.041,
3333.047,
3333.122,
3333.123,
3333.16,
3333.161,
3333.374,
3333.72, and
3333.82 of the Revised Code. |
|
| (D) |
That the superintendent and the chancellor, from time
to time, jointly may enter into written agreements with entities for the use of
data in the repository to conduct research and analysis designed to evaluate
the effectiveness of programs or services, to measure progress against specific
strategic planning goals, or for any other purpose permitted by law that the
superintendent and chancellor consider necessary for the performance of their
duties under the Revised Code. The agreements may permit the disclosure of
personally identifiable student information to the entity named in the
agreement, provided that disclosure complies with the "Family Educational
Rights and Privacy Act of 1974," 88 Stat. 571,
20 U.S.C. 1232g, as amended, and regulations
promulgated under that act prescribing requirements for such agreements. The
superintendent shall notify the state board of each agreement entered into
under this division. |
| (E) |
That
the data in the repository submitted by the department shall remain under the
direct control of the department and that the data in the repository submitted
by the chancellor shall remain under the direct control of the
chancellor; |
| (F) |
That the data in the repository shall be managed in a
manner that complies with the "Family Educational Rights and Privacy Act of
1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended; |
| (G) |
That
all costs related to the initial establishment and ongoing maintenance of the
repository shall be paid from funds received from state incentive grants
awarded under division (A), Title XIV, section 14006 of the American Recovery
and Reinvestment Act of 2009, other federal grant programs, or existing
appropriations of the department or chancellor that are designated for a
purpose consistent with this section; |
| (H) |
That
the department annually shall report to the state board and the chancellor all
requests for access to or use of the data in the repository and all costs
related to the initial establishment and ongoing maintenance of the
repository. |
Added by
128th General AssemblyFile No.15, HB 290,
§1, eff.
12/28/2010.
.
As used in this section, "early childhood program"
means any publicly funded program providing services to children younger than
compulsory school age, as defined in section
3321.01 of the Revised Code.
Student level data records collected and maintained for
purposes of administering early childhood programs shall be assigned a unique
student data verification code in accordance with division (D)(2) of section
3301.0714 of the Revised Code and
shall be included in the combined data repository authorized by section
3301.94 of the Revised Code. The
department may require certain personally identifiable student data, including
student names, to be reported to the department for purposes of administering
early childhood programs but not be included in the combined data repository.
The department and each school or center providing services through an early
childhood program that receives a student level data record, a data
verification code, or other personally identifiable information shall not
release that record, code, or other information to any person except as
provided by section
3319.321 of the Revised Code or
the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,
20 U.S.C. 1232g. Any document relative to an early
childhood program that the department holds in its files that contains a
student's name, data verification code, or other personally identifiable
information shall not be a public record under section
149.43 of the Revised Code.
Any state agency that administers an early childhood
program may use student data contained in the combined data repository to
conduct research and analysis designed to evaluate the effectiveness of and
investments in that program, in compliance with the Family Educational Rights
and Privacy Act and regulations promulgated under that act.
Added by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Data collected in the course of testing under sections 3301.079, 3301.0710,
3301.0711, and 3301.0712 of the Revised Code shall be used for the sole purpose
of measuring and improving the academic progress and needs of students,
educators, school districts, and schools. In the course of such testing, no
student's or a student's family's social security numbers, religious
affiliation, political party affiliation, voting history, or biometric
information shall be collected, tracked, housed with, reported to, or shared
with any entity, including the federal or state government.
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Notwithstanding anything in the Revised Code to the contrary, the department of
education, any school district, any school, or any third party under contract
with the state, a school district, or a school shall not provide student names
and addresses to any multi-state consortium that offers summative
assessments.
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Added by
129th General AssemblyFile No.8, HB 30,
§1, eff.
7/1/2011.