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| To amend sections 3301.079, 3301.0714, 3302.02, | 1 |
| 3302.03, 3313.603, 3313.813, 3313.814, 3314.03, | 2 |
| 3314.18, 3326.11, and 3326.13 and to enact | 3 |
| sections 3301.91, 3301.92, 3301.921, 3301.922, | 4 |
| 3313.6016, 3313.674, 3313.816, 3313.817, | 5 |
| 3319.076, and 3319.227 of the Revised Code to | 6 |
| establish nutritional standards for certain | 7 |
| foods and beverages sold in public and chartered | 8 |
| nonpublic schools; to require public school | 9 |
| students to have periodic body mass index | 10 |
| measurements; to require daily physical activity | 11 |
| for public school students and to make other | 12 |
| changes regarding physical education; and to | 13 |
| establish the Healthy Choices for Healthy | 14 |
| Children Council. | 15 |
| Section 1. That sections 3301.079, 3301.0714, 3302.02, | 16 |
| 3302.03, 3313.603, 3313.813, 3313.814, 3314.03, 3314.18, | 17 |
| 3326.11, and 3326.13 be amended and sections 3301.91, 3301.92, | 18 |
| 3301.921, 3301.922, 3313.6016, 3313.674, 3313.816, 3313.817, | 19 |
| 3319.076, and 3319.227 of the Revised Code be enacted to read as | 20 |
| follows: | 21 |
| Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at | 22 |
| least once every five years thereafter, the state board of | 23 |
| education shall adopt statewide academic standards with | 24 |
| emphasis on coherence, focus, and rigor for each of grades | 25 |
| kindergarten through twelve in English language arts, | 26 |
| mathematics, science, and social studies. | 27 |
| The standards shall specify the following: | 28 |
| (a) The core academic content and skills that students are | 29 |
| expected to know and be able to do at each grade level that will | 30 |
| allow each student to be prepared for postsecondary instruction | 31 |
| and the workplace for success in the twenty-first century; | 32 |
| (b) The development of skill sets as they relate to | 33 |
| creativity and innovation, critical thinking and problem solving, | 34 |
| and communication and collaboration; | 35 |
| (c) The development of skill sets that promote information, | 36 |
| media, and technological literacy; | 37 |
| (d) The development of skill sets that promote personal | 38 |
| management, productivity and accountability, and leadership and | 39 |
| responsibility; | 40 |
| (e) Interdisciplinary, project-based, real-world learning | 41 |
| opportunities. | 42 |
| (2) After completing the standards required by division | 43 |
| (A)(1) of this section, the state board shall adopt standards and | 44 |
| model curricula for instruction in computer literacy, financial | 45 |
| literacy and entrepreneurship, fine arts, and foreign language | 46 |
| for grades kindergarten through twelve. The standards shall meet | 47 |
| the same requirements prescribed in divisions (A)(1)(a) to (e) of | 48 |
| this section. | 49 |
| (3) The state board shall adopt the most recent standards | 50 |
| developed by the national association for sport and physical | 51 |
| education for physical education in grades kindergarten through | 52 |
| twelve or shall adopt its own standards for physical education in | 53 |
| those grades and revise and update them periodically. Each school | 54 |
| district, community school established under Chapter 3314. of the | 55 |
| Revised Code, and STEM school established under Chapter 3326. of | 56 |
| the Revised Code shall utilize the standards. | 57 |
| The department shall employ a full-time physical education | 58 |
| coordinator to provide guidance and technical assistance to | 59 |
|
districts | 60 |
| physical education standards adopted under this division. The | 61 |
| superintendent of public instruction shall determine that the | 62 |
| person employed as coordinator is qualified for the position, as | 63 |
| demonstrated by possessing an adequate combination of education, | 64 |
| license, and experience. | 65 |
| (4) When academic standards have been completed for any | 66 |
| subject area required by this section, the state board shall | 67 |
|
inform all
school districts, all community schools
| 68 |
| 69 | |
| 70 | |
| nonpublic schools required to administer the assessments | 71 |
| prescribed by sections 3301.0710 and 3301.0712 of the Revised Code | 72 |
| of the content of those standards. | 73 |
| (B) Not later than March 31, 2011, the state board shall | 74 |
| adopt a model curriculum for instruction in each subject area for | 75 |
| which updated academic standards are required by division (A)(1) | 76 |
| of this section and for each of grades kindergarten through twelve | 77 |
| that is sufficient to meet the needs of students in every | 78 |
| community. The model curriculum shall be aligned with the | 79 |
| standards, to ensure that the academic content and skills | 80 |
| specified for each grade level are taught to students, and shall | 81 |
| demonstrate vertical articulation and emphasize coherence, focus, | 82 |
| and rigor. When any model curriculum has been completed, the state | 83 |
| board shall inform all school districts, community schools, and | 84 |
| STEM schools of the content of that model curriculum. | 85 |
| All school districts, community schools, and STEM schools may | 86 |
| utilize the state standards and the model curriculum established | 87 |
| by the state board, together with other relevant resources, | 88 |
| examples, or models to ensure that students have the opportunity | 89 |
| to attain the academic standards. Upon request, the department of | 90 |
| education shall provide technical assistance to any district, | 91 |
| community school, or STEM school in implementing the model | 92 |
| curriculum. | 93 |
| Nothing in this section requires any school district to | 94 |
| utilize all or any part of a model curriculum developed under this | 95 |
| division. | 96 |
| (C) The state board shall develop achievement assessments | 97 |
| aligned with the academic standards and model curriculum for each | 98 |
| of the subject areas and grade levels required by divisions | 99 |
| (A)(1) and (B)(1) of section 3301.0710 of the Revised Code. | 100 |
| When any achievement assessment has been completed, the | 101 |
| state board shall inform all school districts, community schools, | 102 |
| STEM schools, and nonpublic schools required to administer the | 103 |
| assessment of its completion, and the department of education | 104 |
| shall make the achievement assessment available to the districts | 105 |
| and schools. | 106 |
| (D)(1) The state board shall adopt a diagnostic assessment | 107 |
| aligned with the academic standards and model curriculum for each | 108 |
| of grades kindergarten through two in English language arts and | 109 |
| mathematics and for grade three in English language arts. The | 110 |
| diagnostic assessment shall be designed to measure student | 111 |
| comprehension of academic content and mastery of related skills | 112 |
| for the relevant subject area and grade level. Any diagnostic | 113 |
| assessment shall not include components to identify gifted | 114 |
| students. Blank copies of diagnostic assessments shall be | 115 |
| public records. | 116 |
| (2) When each diagnostic assessment has been completed, the | 117 |
| state board shall inform all school districts of its completion | 118 |
| and the department of education shall make the diagnostic | 119 |
| assessment available to the districts at no cost to the district. | 120 |
| School districts shall administer the diagnostic assessment | 121 |
| pursuant to section 3301.0715 of the Revised Code beginning the | 122 |
| first school year following the development of the assessment. | 123 |
| (E) The state board shall not adopt a diagnostic or | 124 |
| achievement assessment for any grade level or subject area other | 125 |
| than those specified in this section. | 126 |
| (F) Whenever the state board or the department of education | 127 |
| consults with persons for the purpose of drafting or reviewing any | 128 |
| standards, diagnostic assessments, achievement assessments, or | 129 |
| model curriculum required under this section, the state board or | 130 |
| the department shall first consult with parents of students in | 131 |
| kindergarten through twelfth grade and with active Ohio classroom | 132 |
| teachers, other school personnel, and administrators with | 133 |
| expertise in the appropriate subject area. Whenever practicable, | 134 |
| the state board and department shall consult with teachers | 135 |
| recognized as outstanding in their fields. | 136 |
| If the department contracts with more than one outside entity | 137 |
| for the development of the achievement assessments required by | 138 |
| this section, the department shall ensure the interchangeability | 139 |
| of those assessments. | 140 |
| (G) The fairness sensitivity review committee, established by | 141 |
| rule of the state board of education, shall not allow any question | 142 |
| on any achievement or diagnostic assessment developed under this | 143 |
| section or any proficiency test prescribed by former section | 144 |
| 3301.0710 of the Revised Code, as it existed prior to September | 145 |
| 11, 2001, to include, be written to promote, or inquire as to | 146 |
| individual moral or social values or beliefs. The decision of the | 147 |
| committee shall be final. This section does not create a private | 148 |
| cause of action. | 149 |
| (H) Not later than forty-five days prior to the initial | 150 |
| deadline established under division (A)(1) of this section and the | 151 |
| deadline established under division (B) of this section, the | 152 |
| superintendent of public instruction shall present the academic | 153 |
| standards or model curricula, as applicable, to the respective | 154 |
| committees of the house of representatives and senate that | 155 |
| consider education legislation. | 156 |
| (I) As used in this section: | 157 |
| (1) "Coherence" means a reflection of the structure of the | 158 |
| discipline being taught. | 159 |
| (2) "Focus" means limiting the number of items included in a | 160 |
| curriculum to allow for deeper exploration of the subject matter. | 161 |
| (3) "Rigor" means more challenging and demanding when | 162 |
| compared to international standards. | 163 |
| (4) "Vertical articulation" means key academic concepts and | 164 |
| skills associated with mastery in particular content areas should | 165 |
| be articulated and reinforced in a developmentally appropriate | 166 |
| manner at each grade level so that over time students acquire a | 167 |
| depth of knowledge and understanding in the core academic | 168 |
| disciplines. | 169 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 170 |
| rules for a statewide education management information system. The | 171 |
| rules shall require the state board to establish guidelines for | 172 |
| the establishment and maintenance of the system in accordance with | 173 |
| this section and the rules adopted under this section. The | 174 |
| guidelines shall include: | 175 |
| (1) Standards identifying and defining the types of data in | 176 |
| the system in accordance with divisions (B) and (C) of this | 177 |
| section; | 178 |
| (2) Procedures for annually collecting and reporting the data | 179 |
| to the state board in accordance with division (D) of this | 180 |
| section; | 181 |
| (3) Procedures for annually compiling the data in accordance | 182 |
| with division (G) of this section; | 183 |
| (4) Procedures for annually reporting the data to the public | 184 |
| in accordance with division (H) of this section. | 185 |
| (B) The guidelines adopted under this section shall require | 186 |
| the data maintained in the education management information system | 187 |
| to include at least the following: | 188 |
| (1) Student participation and performance data, for each | 189 |
| grade in each school district as a whole and for each grade in | 190 |
| each school building in each school district, that includes: | 191 |
| (a) The numbers of students receiving each category of | 192 |
| instructional service offered by the school district, such as | 193 |
| regular education instruction, vocational education instruction, | 194 |
| specialized instruction programs or enrichment instruction that is | 195 |
| part of the educational curriculum, instruction for gifted | 196 |
| students, instruction for students with disabilities, and | 197 |
| remedial instruction. The guidelines shall require instructional | 198 |
| services under this division to be divided into discrete | 199 |
| categories if an instructional service is limited to a specific | 200 |
| subject, a specific type of student, or both, such as regular | 201 |
| instructional services in mathematics, remedial reading | 202 |
| instructional services, instructional services specifically for | 203 |
| students gifted in mathematics or some other subject area, or | 204 |
| instructional services for students with a specific type of | 205 |
| disability. The categories of instructional services required by | 206 |
| the guidelines under this division shall be the same as the | 207 |
| categories of instructional services used in determining cost | 208 |
| units pursuant to division (C)(3) of this section. | 209 |
| (b) The numbers of students receiving support or | 210 |
| extracurricular services for each of the support services or | 211 |
| extracurricular programs offered by the school district, such as | 212 |
| counseling services, health services, and extracurricular sports | 213 |
| and fine arts programs. The categories of services required by the | 214 |
| guidelines under this division shall be the same as the categories | 215 |
| of services used in determining cost units pursuant to division | 216 |
| (C)(4)(a) of this section. | 217 |
| (c) Average student grades in each subject in grades nine | 218 |
| through twelve; | 219 |
| (d) Academic achievement levels as assessed under sections | 220 |
| 3301.0710, 3301.0711, and 3301.0712 of the Revised Code; | 221 |
| (e) The number of students designated as having a disabling | 222 |
| condition pursuant to division (C)(1) of section 3301.0711 of the | 223 |
| Revised Code; | 224 |
| (f) The numbers of students reported to the state board | 225 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 226 |
| Code; | 227 |
| (g) Attendance rates and the average daily attendance for the | 228 |
| year. For purposes of this division, a student shall be counted as | 229 |
| present for any field trip that is approved by the school | 230 |
| administration. | 231 |
| (h) Expulsion rates; | 232 |
| (i) Suspension rates; | 233 |
| (j) Dropout rates; | 234 |
| (k) Rates of retention in grade; | 235 |
| (l) For pupils in grades nine through twelve, the average | 236 |
| number of carnegie units, as calculated in accordance with state | 237 |
| board of education rules; | 238 |
| (m) Graduation rates, to be calculated in a manner specified | 239 |
| by the department of education that reflects the rate at which | 240 |
| students who were in the ninth grade three years prior to the | 241 |
| current year complete school and that is consistent with | 242 |
| nationally accepted reporting requirements; | 243 |
| (n) Results of diagnostic assessments administered to | 244 |
| kindergarten students as required under section 3301.0715 of the | 245 |
| Revised Code to permit a comparison of the academic readiness of | 246 |
| kindergarten students. However, no district shall be required to | 247 |
| report to the department the results of any diagnostic assessment | 248 |
| administered to a kindergarten student if the parent of that | 249 |
| student requests the district not to report those results. | 250 |
| (o) Aggregate results of student screenings for body mass | 251 |
| index and weight status category required under section 3313.674 | 252 |
| of the Revised Code. | 253 |
| (2) Personnel and classroom enrollment data for each school | 254 |
| district, including: | 255 |
| (a) The total numbers of licensed employees and nonlicensed | 256 |
| employees and the numbers of full-time equivalent licensed | 257 |
| employees and nonlicensed employees providing each category of | 258 |
| instructional service, instructional support service, and | 259 |
| administrative support service used pursuant to division (C)(3) of | 260 |
| this section. The guidelines adopted under this section shall | 261 |
| require these categories of data to be maintained for the school | 262 |
| district as a whole and, wherever applicable, for each grade in | 263 |
| the school district as a whole, for each school building as a | 264 |
| whole, and for each grade in each school building. | 265 |
| (b) The total number of employees and the number of full-time | 266 |
| equivalent employees providing each category of service used | 267 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 268 |
| total numbers of licensed employees and nonlicensed employees and | 269 |
| the numbers of full-time equivalent licensed employees and | 270 |
| nonlicensed employees providing each category used pursuant to | 271 |
| division (C)(4)(c) of this section. The guidelines adopted under | 272 |
| this section shall require these categories of data to be | 273 |
| maintained for the school district as a whole and, wherever | 274 |
| applicable, for each grade in the school district as a whole, for | 275 |
| each school building as a whole, and for each grade in each school | 276 |
| building. | 277 |
| (c) The total number of regular classroom teachers teaching | 278 |
| classes of regular education and the average number of pupils | 279 |
| enrolled in each such class, in each of grades kindergarten | 280 |
| through five in the district as a whole and in each school | 281 |
| building in the school district. | 282 |
| (d) The number of lead teachers employed by each school | 283 |
| district and each school building. | 284 |
| (3)(a) Student demographic data for each school district, | 285 |
| including information regarding the gender ratio of the school | 286 |
| district's pupils, the racial make-up of the school district's | 287 |
| pupils, the number of limited English proficient students in the | 288 |
| district, and an appropriate measure of the number of the school | 289 |
| district's pupils who reside in economically disadvantaged | 290 |
| households. The demographic data shall be collected in a manner to | 291 |
| allow correlation with data collected under division (B)(1) of | 292 |
| this section. Categories for data collected pursuant to division | 293 |
| (B)(3) of this section shall conform, where appropriate, to | 294 |
| standard practices of agencies of the federal government. | 295 |
| (b) With respect to each student entering kindergarten, | 296 |
| whether the student previously participated in a public preschool | 297 |
| program, a private preschool program, or a head start program, and | 298 |
| the number of years the student participated in each of these | 299 |
| programs. | 300 |
| (4) Any data required to be collected pursuant to federal | 301 |
| law. | 302 |
| (C) The education management information system shall include | 303 |
| cost accounting data for each district as a whole and for each | 304 |
| school building in each school district. The guidelines adopted | 305 |
| under this section shall require the cost data for each school | 306 |
| district to be maintained in a system of mutually exclusive cost | 307 |
| units and shall require all of the costs of each school district | 308 |
| to be divided among the cost units. The guidelines shall require | 309 |
| the system of mutually exclusive cost units to include at least | 310 |
| the following: | 311 |
| (1) Administrative costs for the school district as a whole. | 312 |
| The guidelines shall require the cost units under this division | 313 |
| (C)(1) to be designed so that each of them may be compiled and | 314 |
| reported in terms of average expenditure per pupil in formula ADM | 315 |
| in the school district, as determined pursuant to section 3317.03 | 316 |
| of the Revised Code. | 317 |
| (2) Administrative costs for each school building in the | 318 |
| school district. The guidelines shall require the cost units under | 319 |
| this division (C)(2) to be designed so that each of them may be | 320 |
| compiled and reported in terms of average expenditure per | 321 |
| full-time equivalent pupil receiving instructional or support | 322 |
| services in each building. | 323 |
| (3) Instructional services costs for each category of | 324 |
| instructional service provided directly to students and required | 325 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 326 |
| section. The guidelines shall require the cost units under | 327 |
| division (C)(3) of this section to be designed so that each of | 328 |
| them may be compiled and reported in terms of average expenditure | 329 |
| per pupil receiving the service in the school district as a whole | 330 |
| and average expenditure per pupil receiving the service in each | 331 |
| building in the school district and in terms of a total cost for | 332 |
| each category of service and, as a breakdown of the total cost, a | 333 |
| cost for each of the following components: | 334 |
| (a) The cost of each instructional services category required | 335 |
| by guidelines adopted under division (B)(1)(a) of this section | 336 |
| that is provided directly to students by a classroom teacher; | 337 |
| (b) The cost of the instructional support services, such as | 338 |
| services provided by a speech-language pathologist, classroom | 339 |
| aide, multimedia aide, or librarian, provided directly to students | 340 |
| in conjunction with each instructional services category; | 341 |
| (c) The cost of the administrative support services related | 342 |
| to each instructional services category, such as the cost of | 343 |
| personnel that develop the curriculum for the instructional | 344 |
| services category and the cost of personnel supervising or | 345 |
| coordinating the delivery of the instructional services category. | 346 |
| (4) Support or extracurricular services costs for each | 347 |
| category of service directly provided to students and required by | 348 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 349 |
| The guidelines shall require the cost units under division (C)(4) | 350 |
| of this section to be designed so that each of them may be | 351 |
| compiled and reported in terms of average expenditure per pupil | 352 |
| receiving the service in the school district as a whole and | 353 |
| average expenditure per pupil receiving the service in each | 354 |
| building in the school district and in terms of a total cost for | 355 |
| each category of service and, as a breakdown of the total cost, a | 356 |
| cost for each of the following components: | 357 |
| (a) The cost of each support or extracurricular services | 358 |
| category required by guidelines adopted under division (B)(1)(b) | 359 |
| of this section that is provided directly to students by a | 360 |
| licensed employee, such as services provided by a guidance | 361 |
| counselor or any services provided by a licensed employee under a | 362 |
| supplemental contract; | 363 |
| (b) The cost of each such services category provided directly | 364 |
| to students by a nonlicensed employee, such as janitorial | 365 |
| services, cafeteria services, or services of a sports trainer; | 366 |
| (c) The cost of the administrative services related to each | 367 |
| services category in division (C)(4)(a) or (b) of this section, | 368 |
| such as the cost of any licensed or nonlicensed employees that | 369 |
| develop, supervise, coordinate, or otherwise are involved in | 370 |
| administering or aiding the delivery of each services category. | 371 |
| (D)(1) The guidelines adopted under this section shall | 372 |
| require school districts to collect information about individual | 373 |
| students, staff members, or both in connection with any data | 374 |
| required by division (B) or (C) of this section or other reporting | 375 |
| requirements established in the Revised Code. The guidelines may | 376 |
| also require school districts to report information about | 377 |
| individual staff members in connection with any data required by | 378 |
| division (B) or (C) of this section or other reporting | 379 |
| requirements established in the Revised Code. The guidelines shall | 380 |
| not authorize school districts to request social security numbers | 381 |
| of individual students. The guidelines shall prohibit the | 382 |
| reporting under this section of a student's name, address, and | 383 |
| social security number to the state board of education or the | 384 |
| department of education. The guidelines shall also prohibit the | 385 |
| reporting under this section of any personally identifiable | 386 |
| information about any student, except for the purpose of assigning | 387 |
| the data verification code required by division (D)(2) of this | 388 |
| section, to any other person unless such person is employed by the | 389 |
| school district or the information technology center operated | 390 |
| under section 3301.075 of the Revised Code and is authorized by | 391 |
| the district or technology center to have access to such | 392 |
| information or is employed by an entity with which the department | 393 |
| contracts for the scoring of assessments administered under | 394 |
| section 3301.0711 of the Revised Code. The guidelines may require | 395 |
| school districts to provide the social security numbers of | 396 |
| individual staff members. | 397 |
| (2) The guidelines shall provide for each school district or | 398 |
| community school to assign a data verification code that is unique | 399 |
| on a statewide basis over time to each student whose initial Ohio | 400 |
| enrollment is in that district or school and to report all | 401 |
| required individual student data for that student utilizing such | 402 |
| code. The guidelines shall also provide for assigning data | 403 |
| verification codes to all students enrolled in districts or | 404 |
| community schools on the effective date of the guidelines | 405 |
| established under this section. | 406 |
| Individual student data shall be reported to the department | 407 |
| through the information technology centers utilizing the code but, | 408 |
| except as provided in sections 3310.11, 3310.42, 3313.978, and | 409 |
| 3317.20 of the Revised Code, at no time shall the state board or | 410 |
| the department have access to information that would enable any | 411 |
| data verification code to be matched to personally identifiable | 412 |
| student data. | 413 |
| Each school district shall ensure that the data verification | 414 |
| code is included in the student's records reported to any | 415 |
| subsequent school district or community school in which the | 416 |
| student enrolls. Any such subsequent district or school shall | 417 |
| utilize the same identifier in its reporting of data under this | 418 |
| section. | 419 |
| The director of health shall request and receive, pursuant to | 420 |
| sections 3301.0723 and 3701.62 of the Revised Code, a data | 421 |
| verification code for a child who is receiving services under | 422 |
| division (A)(2) of section 3701.61 of the Revised Code. | 423 |
| (E) The guidelines adopted under this section may require | 424 |
| school districts to collect and report data, information, or | 425 |
| reports other than that described in divisions (A), (B), and (C) | 426 |
| of this section for the purpose of complying with other reporting | 427 |
| requirements established in the Revised Code. The other data, | 428 |
| information, or reports may be maintained in the education | 429 |
| management information system but are not required to be compiled | 430 |
| as part of the profile formats required under division (G) of this | 431 |
| section or the annual statewide report required under division (H) | 432 |
| of this section. | 433 |
| (F) Beginning with the school year that begins July 1, 1991, | 434 |
| the board of education of each school district shall annually | 435 |
| collect and report to the state board, in accordance with the | 436 |
| guidelines established by the board, the data required pursuant to | 437 |
| this section. A school district may collect and report these data | 438 |
| notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 439 |
| (G) The state board shall, in accordance with the procedures | 440 |
| it adopts, annually compile the data reported by each school | 441 |
| district pursuant to division (D) of this section. The state board | 442 |
| shall design formats for profiling each school district as a whole | 443 |
| and each school building within each district and shall compile | 444 |
| the data in accordance with these formats. These profile formats | 445 |
| shall: | 446 |
| (1) Include all of the data gathered under this section in a | 447 |
| manner that facilitates comparison among school districts and | 448 |
| among school buildings within each school district; | 449 |
| (2) Present the data on academic achievement levels as | 450 |
| assessed by the testing of student achievement maintained pursuant | 451 |
| to division (B)(1)(d) of this section. | 452 |
| (H)(1) The state board shall, in accordance with the | 453 |
| procedures it adopts, annually prepare a statewide report for all | 454 |
| school districts and the general public that includes the profile | 455 |
| of each of the school districts developed pursuant to division (G) | 456 |
| of this section. Copies of the report shall be sent to each school | 457 |
| district. | 458 |
| (2) The state board shall, in accordance with the procedures | 459 |
| it adopts, annually prepare an individual report for each school | 460 |
| district and the general public that includes the profiles of each | 461 |
| of the school buildings in that school district developed pursuant | 462 |
| to division (G) of this section. Copies of the report shall be | 463 |
| sent to the superintendent of the district and to each member of | 464 |
| the district board of education. | 465 |
| (3) Copies of the reports received from the state board under | 466 |
| divisions (H)(1) and (2) of this section shall be made available | 467 |
| to the general public at each school district's offices. Each | 468 |
| district board of education shall make copies of each report | 469 |
| available to any person upon request and payment of a reasonable | 470 |
| fee for the cost of reproducing the report. The board shall | 471 |
| annually publish in a newspaper of general circulation in the | 472 |
| school district, at least twice during the two weeks prior to the | 473 |
| week in which the reports will first be available, a notice | 474 |
| containing the address where the reports are available and the | 475 |
| date on which the reports will be available. | 476 |
| (I) Any data that is collected or maintained pursuant to this | 477 |
| section and that identifies an individual pupil is not a public | 478 |
| record for the purposes of section 149.43 of the Revised Code. | 479 |
| (J) As used in this section: | 480 |
| (1) "School district" means any city, local, exempted | 481 |
| village, or joint vocational school district and, in accordance | 482 |
| with section 3314.17 of the Revised Code, any community school. As | 483 |
| used in division (L) of this section, "school district" also | 484 |
| includes any educational service center or other educational | 485 |
| entity required to submit data using the system established under | 486 |
| this section. | 487 |
| (2) "Cost" means any expenditure for operating expenses made | 488 |
| by a school district excluding any expenditures for debt | 489 |
| retirement except for payments made to any commercial lending | 490 |
| institution for any loan approved pursuant to section 3313.483 of | 491 |
| the Revised Code. | 492 |
| (K) Any person who removes data from the information system | 493 |
| established under this section for the purpose of releasing it to | 494 |
| any person not entitled under law to have access to such | 495 |
| information is subject to section 2913.42 of the Revised Code | 496 |
| prohibiting tampering with data. | 497 |
| (L)(1) In accordance with division (L)(2) of this section and | 498 |
| the rules adopted under division (L)(10) of this section, the | 499 |
| department of education may sanction any school district that | 500 |
| reports incomplete or inaccurate data, reports data that does not | 501 |
| conform to data requirements and descriptions published by the | 502 |
| department, fails to report data in a timely manner, or otherwise | 503 |
| does not make a good faith effort to report data as required by | 504 |
| this section. | 505 |
| (2) If the department decides to sanction a school district | 506 |
| under this division, the department shall take the following | 507 |
| sequential actions: | 508 |
| (a) Notify the district in writing that the department has | 509 |
| determined that data has not been reported as required under this | 510 |
| section and require the district to review its data submission and | 511 |
| submit corrected data by a deadline established by the department. | 512 |
| The department also may require the district to develop a | 513 |
| corrective action plan, which shall include provisions for the | 514 |
| district to provide mandatory staff training on data reporting | 515 |
| procedures. | 516 |
| (b) Withhold up to ten per cent of the total amount of state | 517 |
| funds due to the district for the current fiscal year and, if not | 518 |
| previously required under division (L)(2)(a) of this section, | 519 |
| require the district to develop a corrective action plan in | 520 |
| accordance with that division; | 521 |
| (c) Withhold an additional amount of up to twenty per cent of | 522 |
| the total amount of state funds due to the district for the | 523 |
| current fiscal year; | 524 |
| (d) Direct department staff or an outside entity to | 525 |
| investigate the district's data reporting practices and make | 526 |
| recommendations for subsequent actions. The recommendations may | 527 |
| include one or more of the following actions: | 528 |
| (i) Arrange for an audit of the district's data reporting | 529 |
| practices by department staff or an outside entity; | 530 |
| (ii) Conduct a site visit and evaluation of the district; | 531 |
| (iii) Withhold an additional amount of up to thirty per cent | 532 |
| of the total amount of state funds due to the district for the | 533 |
| current fiscal year; | 534 |
| (iv) Continue monitoring the district's data reporting; | 535 |
| (v) Assign department staff to supervise the district's data | 536 |
| management system; | 537 |
| (vi) Conduct an investigation to determine whether to suspend | 538 |
| or revoke the license of any district employee in accordance with | 539 |
| division (N) of this section; | 540 |
| (vii) If the district is issued a report card under section | 541 |
| 3302.03 of the Revised Code, indicate on the report card that the | 542 |
| district has been sanctioned for failing to report data as | 543 |
| required by this section; | 544 |
| (viii) If the district is issued a report card under section | 545 |
| 3302.03 of the Revised Code and incomplete or inaccurate data | 546 |
| submitted by the district likely caused the district to receive a | 547 |
| higher performance rating than it deserved under that section, | 548 |
| issue a revised report card for the district; | 549 |
| (ix) Any other action designed to correct the district's data | 550 |
| reporting problems. | 551 |
| (3) Any time the department takes an action against a school | 552 |
| district under division (L)(2) of this section, the department | 553 |
| shall make a report of the circumstances that prompted the action. | 554 |
| The department shall send a copy of the report to the district | 555 |
| superintendent or chief administrator and maintain a copy of the | 556 |
| report in its files. | 557 |
| (4) If any action taken under division (L)(2) of this section | 558 |
| resolves a school district's data reporting problems to the | 559 |
| department's satisfaction, the department shall not take any | 560 |
| further actions described by that division. If the department | 561 |
| withheld funds from the district under that division, the | 562 |
| department may release those funds to the district, except that if | 563 |
| the department withheld funding under division (L)(2)(c) of this | 564 |
| section, the department shall not release the funds withheld under | 565 |
| division (L)(2)(b) of this section and, if the department withheld | 566 |
| funding under division (L)(2)(d) of this section, the department | 567 |
| shall not release the funds withheld under division (L)(2)(b) or | 568 |
| (c) of this section. | 569 |
| (5) Notwithstanding anything in this section to the contrary, | 570 |
| the department may use its own staff or an outside entity to | 571 |
| conduct an audit of a school district's data reporting practices | 572 |
| any time the department has reason to believe the district has not | 573 |
| made a good faith effort to report data as required by this | 574 |
| section. If any audit conducted by an outside entity under | 575 |
| division (L)(2)(d)(i) or (5) of this section confirms that a | 576 |
| district has not made a good faith effort to report data as | 577 |
| required by this section, the district shall reimburse the | 578 |
| department for the full cost of the audit. The department may | 579 |
| withhold state funds due to the district for this purpose. | 580 |
| (6) Prior to issuing a revised report card for a school | 581 |
| district under division (L)(2)(d)(viii) of this section, the | 582 |
| department may hold a hearing to provide the district with an | 583 |
| opportunity to demonstrate that it made a good faith effort to | 584 |
| report data as required by this section. The hearing shall be | 585 |
| conducted by a referee appointed by the department. Based on the | 586 |
| information provided in the hearing, the referee shall recommend | 587 |
| whether the department should issue a revised report card for the | 588 |
| district. If the referee affirms the department's contention that | 589 |
| the district did not make a good faith effort to report data as | 590 |
| required by this section, the district shall bear the full cost of | 591 |
| conducting the hearing and of issuing any revised report card. | 592 |
| (7) If the department determines that any inaccurate data | 593 |
| reported under this section caused a school district to receive | 594 |
| excess state funds in any fiscal year, the district shall | 595 |
| reimburse the department an amount equal to the excess funds, in | 596 |
| accordance with a payment schedule determined by the department. | 597 |
| The department may withhold state funds due to the district for | 598 |
| this purpose. | 599 |
| (8) Any school district that has funds withheld under | 600 |
| division (L)(2) of this section may appeal the withholding in | 601 |
| accordance with Chapter 119. of the Revised Code. | 602 |
| (9) In all cases of a disagreement between the department and | 603 |
| a school district regarding the appropriateness of an action taken | 604 |
| under division (L)(2) of this section, the burden of proof shall | 605 |
| be on the district to demonstrate that it made a good faith effort | 606 |
| to report data as required by this section. | 607 |
| (10) The state board of education shall adopt rules under | 608 |
| Chapter 119. of the Revised Code to implement division (L) of this | 609 |
| section. | 610 |
| (M) No information technology center or school district shall | 611 |
| acquire, change, or update its student administration software | 612 |
| package to manage and report data required to be reported to the | 613 |
| department unless it converts to a student software package that | 614 |
| is certified by the department. | 615 |
| (N) The state board of education, in accordance with sections | 616 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 617 |
| license as defined under division (A) of section 3319.31 of the | 618 |
| Revised Code that has been issued to any school district employee | 619 |
| found to have willfully reported erroneous, inaccurate, or | 620 |
| incomplete data to the education management information system. | 621 |
| (O) No person shall release or maintain any information about | 622 |
| any student in violation of this section. Whoever violates this | 623 |
| division is guilty of a misdemeanor of the fourth degree. | 624 |
| (P) The department shall disaggregate the data collected | 625 |
| under division (B)(1)(n) of this section according to the race | 626 |
| and socioeconomic status of the students assessed. No data | 627 |
| collected under that division shall be included on the report | 628 |
| cards required by section 3302.03 of the Revised Code. | 629 |
| (Q) If the department cannot compile any of the information | 630 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 631 |
| based upon the data collected under this section, the department | 632 |
| shall develop a plan and a reasonable timeline for the collection | 633 |
| of any data necessary to comply with that division. | 634 |
| Sec. 3301.91. The department of education shall establish a | 635 |
| clearinghouse of best practices in the areas of student nutrition, | 636 |
| physical activity for students, and body mass index screenings | 637 |
| that schools may use to promote student health. In developing the | 638 |
| clearinghouse, the department shall consider the recommendations | 639 |
| made by the healthy choices for healthy children council under | 640 |
| section 3301.921 of the Revised Code. | 641 |
| Sec. 3301.92. (A) The healthy choices for healthy children | 642 |
| council is hereby established. The council shall consist of the | 643 |
| following members: | 644 |
| (1) Three representatives of the Ohio children's hospital | 645 |
| association; | 646 |
| (2) Three representatives of the Ohio chapter of the American | 647 |
| academy of pediatrics; | 648 |
| (3) Three representatives of the Ohio business roundtable; | 649 |
| (4) Three representatives of Ohio action for healthy kids; | 650 |
| (5) Three representatives of the American heart association; | 651 |
| (6) Three representatives of school districts whose job | 652 |
| responsibilities involve promoting student health and wellness. | 653 |
| (B) The governor, the president of the senate, and the | 654 |
| speaker of the house of representatives each shall appoint one | 655 |
| representative of each organization listed in divisions (A)(1) to | 656 |
| (5) of this section. Each such organization shall submit | 657 |
| recommendations for the appointments. The governor, president, | 658 |
| and speaker each shall appoint one representative of school | 659 |
| districts under division (A)(6) of this section. The Ohio school | 660 |
| boards association shall submit recommendations for those | 661 |
| appointments. | 662 |
| (C) Members of the council shall serve at the pleasure of | 663 |
| their appointing authority. Vacancies shall be filled in the same | 664 |
| manner as the original appointment. Members shall not be | 665 |
| compensated. | 666 |
| (D) A representative of the Ohio business roundtable shall | 667 |
| call the first meeting of the council. At that meeting, the | 668 |
| council shall select a chairperson from among its members. All | 669 |
| subsequent meetings shall be held at the call of the chairperson. | 670 |
| The organization or entity represented by the chairperson shall | 671 |
| provide administrative support to the council. | 672 |
| Sec. 3301.921. The healthy choices for healthy children | 673 |
| council shall do all of the following: | 674 |
| (A) Monitor progress in improving student health and | 675 |
| wellness; | 676 |
| (B) Make periodic policy recommendations to the state board | 677 |
| of education regarding ways to improve the nutritional standards | 678 |
| for food and beverages prescribed by sections 3313.816 and | 679 |
| 3313.817 of the Revised Code; | 680 |
| (C) Make periodic recommendations to the department of | 681 |
| education for the development of the best practices clearinghouse | 682 |
| required by section 3301.91 of the Revised Code; | 683 |
| (D) Assist the department in developing a list of resources | 684 |
| regarding health risks associated with weight status for | 685 |
| distribution to parents and guardians under division (E) of | 686 |
| section 3313.674 of the Revised Code; | 687 |
| (E) Regularly review developments in science and nutrition to | 688 |
| ensure the council remains informed for purposes of making | 689 |
| recommendations under divisions (B) and (C) of this section. | 690 |
| Sec. 3301.922. (A) The department of education shall issue | 691 |
| an annual report on the following: | 692 |
| (1) The compliance of public and chartered nonpublic schools | 693 |
| with the requirements of sections 3313.814, 3313.816, and 3313.817 | 694 |
| of the Revised Code regarding nutritional standards for food and | 695 |
| beverages in schools; | 696 |
| (2) The compliance of public schools with the requirements of | 697 |
| sections 3313.6016 and 3313.674 of the Revised Code. | 698 |
| (B) The department shall include in each report any data | 699 |
| regarding student health and wellness collected by the department | 700 |
| in conjunction with the requirements described in division (A) of | 701 |
| this section. | 702 |
| (C) The department shall submit each report to the governor, | 703 |
| the general assembly, and the healthy choices for healthy children | 704 |
| council. | 705 |
| Sec. 3302.02. The state board of education annually through | 706 |
| 2007, and every six years thereafter, shall establish at least | 707 |
| seventeen performance indicators for the report cards required by | 708 |
| division (C) of section 3302.03 of the Revised Code. In | 709 |
| establishing these indicators, the state board shall consider | 710 |
| inclusion of student performance on any tests given under section | 711 |
| 3301.0710 or 3301.0712 of the Revised Code, rates of student | 712 |
| improvement on such tests, student attendance, the breadth of | 713 |
| coursework available within the district, and other indicators of | 714 |
|
student
success. | 715 |
| board shall establish a performance indicator that is based on | 716 |
| student success in meeting the benchmarks contained in the | 717 |
| physical education standards adopted under division (A)(3) of | 718 |
| section 3301.079 of the Revised Code and on compliance with the | 719 |
| requirements for local wellness policies prescribed by the "Child | 720 |
| Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended. | 721 |
| Following establishment of this indicator, the department of | 722 |
| education shall issue guidance to school districts and buildings | 723 |
| explaining how the indicator will be used for evaluation and how | 724 |
| the indicator will factor into the performance ratings issued | 725 |
| under section 3302.03 of the Revised Code, beginning with the | 726 |
| ratings issued for the 2011-2012 school year. | 727 |
| The state board shall inform the Ohio accountability task | 728 |
| force established under section 3302.021 of the Revised Code of | 729 |
| the performance indicators it establishes under this section and | 730 |
| the rationale for choosing each indicator and for determining how | 731 |
| a school district or building meets that indicator. | 732 |
| The state board shall not establish any performance indicator | 733 |
| for passage of the third or fourth grade reading test that is | 734 |
| solely based on the test given in the fall for the purpose of | 735 |
| determining whether students have met the reading guarantee | 736 |
| provisions of section 3313.608 of the Revised Code. | 737 |
| Sec. 3302.03. (A) Annually the department of education shall | 738 |
| report for each school district and each school building in a | 739 |
| district all of the following: | 740 |
| (1) The extent to which the school district or building meets | 741 |
| each of the applicable performance indicators created by the state | 742 |
| board of education under section 3302.02 of the Revised Code and | 743 |
| the number of applicable performance indicators that have been | 744 |
| achieved; | 745 |
| (2) The performance index score of the school district or | 746 |
| building; | 747 |
| (3) Whether the school district or building has made adequate | 748 |
| yearly progress; | 749 |
| (4) Whether the school district or building is excellent, | 750 |
| effective, needs continuous improvement, is under an academic | 751 |
| watch, or is in a state of academic emergency. | 752 |
| (B) Except as otherwise provided in divisions (B)(6) and (7) | 753 |
| of this section: | 754 |
| (1) A school district or building shall be declared excellent | 755 |
| if it fulfills one of the following requirements: | 756 |
| (a) It makes adequate yearly progress and either meets at | 757 |
| least ninety-four per cent of the applicable state performance | 758 |
| indicators or has a performance index score established by the | 759 |
| department. | 760 |
| (b) It has failed to make adequate yearly progress for not | 761 |
| more than two consecutive years and either meets at least | 762 |
| ninety-four per cent of the applicable state performance | 763 |
| indicators or has a performance index score established by the | 764 |
| department. | 765 |
| (2) A school district or building shall be declared effective | 766 |
| if it fulfills one of the following requirements: | 767 |
| (a) It makes adequate yearly progress and either meets at | 768 |
| least seventy-five per cent but less than ninety-four per cent of | 769 |
| the applicable state performance indicators or has a performance | 770 |
| index score established by the department. | 771 |
| (b) It does not make adequate yearly progress and either | 772 |
| meets at least seventy-five per cent of the applicable state | 773 |
| performance indicators or has a performance index score | 774 |
| established by the department, except that if it does not make | 775 |
| adequate yearly progress for three consecutive years, it shall be | 776 |
| declared in need of continuous improvement. | 777 |
| (3) A school district or building shall be declared to be in | 778 |
| need of continuous improvement if it fulfills one of the following | 779 |
| requirements: | 780 |
| (a) It makes adequate yearly progress, meets less than | 781 |
| seventy-five per cent of the applicable state performance | 782 |
| indicators, and has a performance index score established by the | 783 |
| department. | 784 |
| (b) It does not make adequate yearly progress and either | 785 |
| meets at least fifty per cent but less than seventy-five per cent | 786 |
| of the applicable state performance indicators or has a | 787 |
| performance index score established by the department. | 788 |
| (4) A school district or building shall be declared to be | 789 |
| under an academic watch if it does not make adequate yearly | 790 |
| progress and either meets at least thirty-one per cent but less | 791 |
| than fifty per cent of the applicable state performance | 792 |
| indicators or has a performance index score established by the | 793 |
| department. | 794 |
| (5) A school district or building shall be declared to be in | 795 |
| a state of academic emergency if it does not make adequate yearly | 796 |
| progress, does not meet at least thirty-one per cent of the | 797 |
| applicable state performance indicators, and has a performance | 798 |
| index score established by the department. | 799 |
| (6) When designating performance ratings for school districts | 800 |
| and buildings under divisions (B)(1) to (5) of this section, the | 801 |
| department shall not assign a school district or building a lower | 802 |
| designation from its previous year's designation based solely on | 803 |
| one subgroup not making adequate yearly progress. | 804 |
| (7) Division (B)(7) of this section does not apply to any | 805 |
| community school established under Chapter 3314. of the Revised | 806 |
| Code in which a majority of the students are enrolled in a dropout | 807 |
| prevention and recovery program. | 808 |
| A school district or building shall not be assigned a higher | 809 |
| performance rating than in need of continuous improvement if at | 810 |
| least ten per cent but not more than fifteen per cent of the | 811 |
| enrolled students do not take all achievement assessments | 812 |
| prescribed for their grade level under division (A)(1) or (B)(1) | 813 |
| of section 3301.0710 of the Revised Code from which they are | 814 |
| not excused pursuant to division (C)(1) or (3) of section | 815 |
| 3301.0711 of the Revised Code. A school district or building | 816 |
| shall not be assigned a higher performance rating than under an | 817 |
| academic watch if more than fifteen per cent but not more than | 818 |
| twenty per cent of the enrolled students do not take all | 819 |
| achievement assessments prescribed for their grade level under | 820 |
| division (A)(1) or (B)(1) of section 3301.0710 of the Revised | 821 |
| Code from which they are not excused pursuant to division | 822 |
| (C)(1) or (3) of section 3301.0711 of the Revised Code. A | 823 |
| school district or building shall not be assigned a higher | 824 |
| performance rating than in a state of academic emergency if more | 825 |
| than twenty per cent of the enrolled students do not take all | 826 |
| achievement assessments prescribed for their grade level under | 827 |
| division (A)(1) or (B)(1) of section 3301.0710 of the Revised | 828 |
| Code from which they are not excused pursuant to division | 829 |
| (C)(1) or (3) of section 3301.0711 of the Revised Code. | 830 |
| (C)(1) The department shall issue annual report cards for | 831 |
| each school district, each building within each district, and for | 832 |
| the state as a whole reflecting performance on the indicators | 833 |
| created by the state board under section 3302.02 of the Revised | 834 |
| Code, the performance index score, and adequate yearly progress. | 835 |
| (2) The department shall include on the report card for each | 836 |
| district information pertaining to any change from the previous | 837 |
| year made by the school district or school buildings within the | 838 |
| district on any performance indicator. | 839 |
| (3) When reporting data on student performance, the | 840 |
| department shall disaggregate that data according to the following | 841 |
| categories: | 842 |
| (a) Performance of students by age group; | 843 |
| (b) Performance of students by race and ethnic group; | 844 |
| (c) Performance of students by gender; | 845 |
| (d) Performance of students grouped by those who have been | 846 |
| enrolled in a district or school for three or more years; | 847 |
| (e) Performance of students grouped by those who have been | 848 |
| enrolled in a district or school for more than one year and less | 849 |
| than three years; | 850 |
| (f) Performance of students grouped by those who have been | 851 |
| enrolled in a district or school for one year or less; | 852 |
| (g) Performance of students grouped by those who are | 853 |
| economically disadvantaged; | 854 |
| (h) Performance of students grouped by those who are enrolled | 855 |
| in a conversion community school established under Chapter 3314. | 856 |
| of the Revised Code; | 857 |
| (i) Performance of students grouped by those who are | 858 |
| classified as limited English proficient; | 859 |
| (j) Performance of students grouped by those who have | 860 |
| disabilities; | 861 |
| (k) Performance of students grouped by those who are | 862 |
| classified as migrants; | 863 |
| (l) Performance of students grouped by those who are | 864 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 865 |
| Code. | 866 |
| The department may disaggregate data on student performance | 867 |
| according to other categories that the department determines are | 868 |
| appropriate. To the extent possible, the department shall | 869 |
| disaggregate data on student performance according to any | 870 |
| combinations of two or more of the categories listed in divisions | 871 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 872 |
| In reporting data pursuant to division (C)(3) of this | 873 |
| section, the department shall not include in the report cards any | 874 |
| data statistical in nature that is statistically unreliable or | 875 |
| that could result in the identification of individual students. | 876 |
| For this purpose, the department shall not report student | 877 |
| performance data for any group identified in division (C)(3) of | 878 |
| this section that contains less than ten students. | 879 |
| (4) The department may include with the report cards any | 880 |
| additional education and fiscal performance data it deems | 881 |
| valuable. | 882 |
| (5) The department shall include on each report card a list | 883 |
| of additional information collected by the department that is | 884 |
| available regarding the district or building for which the report | 885 |
| card is issued. When available, such additional information shall | 886 |
| include student mobility data disaggregated by race and | 887 |
| socioeconomic status, college enrollment data, and the reports | 888 |
| prepared under section 3302.031 of the Revised Code. | 889 |
| The department shall maintain a site on the world wide web. | 890 |
| The report card shall include the address of the site and shall | 891 |
| specify that such additional information is available to the | 892 |
| public at that site. The department shall also provide a copy of | 893 |
| each item on the list to the superintendent of each school | 894 |
| district. The district superintendent shall provide a copy of any | 895 |
| item on the list to anyone who requests it. | 896 |
| (6)(a) This division does not apply to conversion community | 897 |
| schools that primarily enroll students between sixteen and | 898 |
| twenty-two years of age who dropped out of high school or are at | 899 |
| risk of dropping out of high school due to poor attendance, | 900 |
| disciplinary problems, or suspensions. | 901 |
| For any district that sponsors a conversion community school | 902 |
| under Chapter 3314. of the Revised Code, the department shall | 903 |
| combine data regarding the academic performance of students | 904 |
| enrolled in the community school with comparable data from the | 905 |
| schools of the district for the purpose of calculating the | 906 |
| performance of the district as a whole on the report card issued | 907 |
| for the district. | 908 |
| (b) Any district that leases a building to a community school | 909 |
| located in the district or that enters into an agreement with a | 910 |
| community school located in the district whereby the district and | 911 |
| the school endorse each other's programs may elect to have data | 912 |
| regarding the academic performance of students enrolled in the | 913 |
| community school combined with comparable data from the schools of | 914 |
| the district for the purpose of calculating the performance of the | 915 |
| district as a whole on the district report card. Any district that | 916 |
| so elects shall annually file a copy of the lease or agreement | 917 |
| with the department. | 918 |
| (7) The department shall include on each report card the | 919 |
| percentage of teachers in the district or building who are highly | 920 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 921 |
| and a comparison of that percentage with the percentages of such | 922 |
| teachers in similar districts and buildings. | 923 |
| (8) The department shall include on the report card the | 924 |
| number of lead teachers employed by each district and each | 925 |
| building once the data is available from the education management | 926 |
| information system established under section 3301.0714 of the | 927 |
| Revised Code. | 928 |
| (9) The department shall include on each report card the | 929 |
| percentage of students enrolled in the district or building in | 930 |
| kindergarten, third grade, fifth grade, and ninth grade who are in | 931 |
| each of the following weight status categories: | 932 |
| (a) Underweight; | 933 |
| (b) Healthy weight; | 934 |
| (c) Overweight; | 935 |
| (d) Obese. | 936 |
| (D)(1) In calculating English language arts, mathematics, | 937 |
| social studies, or science assessment passage rates used to | 938 |
| determine school district or building performance under this | 939 |
| section, the department shall include all students taking an | 940 |
| assessment with accommodation or to whom an alternate assessment | 941 |
| is administered pursuant to division (C)(1) or (3) of section | 942 |
| 3301.0711 of the Revised Code. | 943 |
| (2) In calculating performance index scores, rates of | 944 |
| achievement on the performance indicators established by the state | 945 |
| board under section 3302.02 of the Revised Code, and adequate | 946 |
| yearly progress for school districts and buildings under this | 947 |
| section, the department shall do all of the following: | 948 |
| (a) Include for each district or building only those students | 949 |
| who are included in the ADM certified for the first full school | 950 |
| week of October and are continuously enrolled in the district or | 951 |
| building through the time of the spring administration of any | 952 |
| assessment prescribed by division (A)(1) or (B)(1) of section | 953 |
| 3301.0710 of the Revised Code that is administered to the | 954 |
| student's grade level; | 955 |
| (b) Include cumulative totals from both the fall and spring | 956 |
| administrations of the third grade English language arts | 957 |
| achievement assessment; | 958 |
| (c) Except as required by the "No Child Left Behind Act of | 959 |
| 2001" for the calculation of adequate yearly progress, exclude for | 960 |
| each district or building any limited English proficient student | 961 |
| who has been enrolled in United States schools for less than one | 962 |
| full school year. | 963 |
| Sec. 3313.603. (A) As used in this section: | 964 |
| (1) "One unit" means a minimum of one hundred twenty hours of | 965 |
|
course
instruction, except that | 966 |
| (a) For a laboratory course, "one unit" means a minimum of | 967 |
| one hundred fifty hours of course instruction. | 968 |
| (b) For a physical education course, "one unit" means a | 969 |
| minimum of two hundred forty hours of course instruction. | 970 |
| (2) "One-half unit" means a minimum of sixty hours of course | 971 |
| instruction, except that for physical education courses, "one-half | 972 |
| unit" means a minimum of one hundred twenty hours of course | 973 |
| instruction. | 974 |
| (B) Beginning September 15, 2001, except as required in | 975 |
| division (C) of this section and division (C) of section 3313.614 | 976 |
| of the Revised Code, the requirements for graduation from every | 977 |
| high school shall include twenty units earned in grades nine | 978 |
| through twelve and shall be distributed as follows: | 979 |
| (1) English language arts, four units; | 980 |
| (2) Health, one-half unit; | 981 |
| (3) Mathematics, three units; | 982 |
| (4) Physical education, one-half unit; | 983 |
| (5) Science, two units until September 15, 2003, and three | 984 |
| units thereafter, which at all times shall include both of the | 985 |
| following: | 986 |
| (a) Biological sciences, one unit; | 987 |
| (b) Physical sciences, one unit. | 988 |
| (6) Social studies, three units, which shall include both of | 989 |
| the following: | 990 |
| (a) American history, one-half unit; | 991 |
| (b) American government, one-half unit. | 992 |
| (7) Elective units, seven units until September 15, 2003, and | 993 |
| six units thereafter. | 994 |
| Each student's electives shall include at least one unit, or | 995 |
| two half units, chosen from among the areas of | 996 |
| business/technology, fine arts, and/or foreign language. | 997 |
| (C) Beginning with students who enter ninth grade for the | 998 |
| first time on or after July 1, 2010, except as provided in | 999 |
| divisions (D) to (F) of this section, the requirements for | 1000 |
| graduation from every public and chartered nonpublic high school | 1001 |
| shall include twenty and one-half units that are designed to | 1002 |
| prepare students for the workforce and college. The units shall | 1003 |
| be distributed as follows: | 1004 |
| (1) English language arts, four units; | 1005 |
| (2) Health, one-half unit; | 1006 |
| (3) Mathematics, four units, which shall include one unit of | 1007 |
| algebra II or the equivalent of algebra II; | 1008 |
| (4) Physical education, | 1009 |
| (5) Science, three units with inquiry-based laboratory | 1010 |
| experience that engages students in asking valid scientific | 1011 |
| questions and gathering and analyzing information, which shall | 1012 |
| include the following, or their equivalent: | 1013 |
| (a) Physical sciences, one unit; | 1014 |
| (b) Life sciences, one unit; | 1015 |
| (c) Advanced study in one or more of the following sciences, | 1016 |
| one unit: | 1017 |
| (i) Chemistry, physics, or other physical science; | 1018 |
| (ii) Advanced biology or other life science; | 1019 |
| (iii) Astronomy, physical geology, or other earth or space | 1020 |
| science. | 1021 |
| (6) Social studies, three units, which shall include both of | 1022 |
| the following: | 1023 |
| (a) American history, one-half unit; | 1024 |
| (b) American government, one-half unit. | 1025 |
| Each school shall integrate the study of economics and | 1026 |
| financial literacy, as expressed in the social studies academic | 1027 |
| content standards adopted by the state board of education under | 1028 |
| division (A)(1) of section 3301.079 of the Revised Code and the | 1029 |
| academic content standards for financial literacy and | 1030 |
| entrepreneurship adopted under division (A)(2) of that section, | 1031 |
| into one or more existing social studies credits required under | 1032 |
| division (C)(6) of this section, or into the content of another | 1033 |
| class, so that every high school student receives instruction in | 1034 |
| those concepts. In developing the curriculum required by this | 1035 |
| paragraph, schools shall use available public-private | 1036 |
| partnerships and resources and materials that exist in business, | 1037 |
| industry, and through the centers for economics education at | 1038 |
| institutions of higher education in the state. | 1039 |
| (7) Five units consisting of one or any combination of | 1040 |
| foreign language, fine arts, business, career-technical education, | 1041 |
| family and consumer sciences, technology, agricultural education, | 1042 |
| or English language arts, mathematics, science, or social studies | 1043 |
| courses not otherwise required under division (C) of this section. | 1044 |
| Ohioans must be prepared to apply increased knowledge and | 1045 |
| skills in the workplace and to adapt their knowledge and skills | 1046 |
| quickly to meet the rapidly changing conditions of the | 1047 |
| twenty-first century. National studies indicate that all high | 1048 |
| school graduates need the same academic foundation, regardless of | 1049 |
| the opportunities they pursue after graduation. The goal of Ohio's | 1050 |
| system of elementary and secondary education is to prepare all | 1051 |
| students for and seamlessly connect all students to success in | 1052 |
| life beyond high school graduation, regardless of whether the next | 1053 |
| step is entering the workforce, beginning an apprenticeship, | 1054 |
| engaging in post-secondary training, serving in the military, or | 1055 |
| pursuing a college degree. | 1056 |
| The Ohio core curriculum is the standard expectation for all | 1057 |
| students entering ninth grade for the first time at a public or | 1058 |
| chartered nonpublic high school on or after July 1, 2010. A | 1059 |
| student may satisfy this expectation through a variety of methods, | 1060 |
| including, but not limited to, integrated, applied, | 1061 |
| career-technical, and traditional coursework. | 1062 |
| Whereas teacher quality is essential for student success in | 1063 |
| completing the Ohio core curriculum, the general assembly shall | 1064 |
| appropriate funds for strategic initiatives designed to strengthen | 1065 |
| schools' capacities to hire and retain highly qualified teachers | 1066 |
| in the subject areas required by the curriculum. Such initiatives | 1067 |
| are expected to require an investment of $120,000,000 over five | 1068 |
| years. | 1069 |
| Stronger coordination between high schools and institutions | 1070 |
| of higher education is necessary to prepare students for more | 1071 |
| challenging academic endeavors and to lessen the need for academic | 1072 |
| remediation in college, thereby reducing the costs of higher | 1073 |
| education for Ohio's students, families, and the state. The state | 1074 |
| board of education and the chancellor of the Ohio board of | 1075 |
| regents shall develop policies to ensure that only in rare | 1076 |
| instances will students who complete the Ohio core curriculum | 1077 |
| require academic remediation after high school. | 1078 |
| School districts, community schools, and chartered nonpublic | 1079 |
| schools shall integrate technology into learning experiences | 1080 |
| whenever practicable across the curriculum in order to maximize | 1081 |
| efficiency, enhance learning, and prepare students for success in | 1082 |
| the technology-driven twenty-first century. Districts and schools | 1083 |
| may use distance and web-based course delivery as a method of | 1084 |
| providing or augmenting all instruction required under this | 1085 |
| division, including laboratory experience in science. Districts | 1086 |
| and schools shall whenever practicable utilize technology access | 1087 |
| and electronic learning opportunities provided by the eTech Ohio | 1088 |
| commission, the Ohio learning network, education technology | 1089 |
| centers, public television stations, and other public and private | 1090 |
| providers. | 1091 |
| (D) Except as provided in division (E) of this section, a | 1092 |
| student who enters ninth grade on or after July 1, 2010, and | 1093 |
| before July 1, 2014, may qualify for graduation from a public or | 1094 |
| chartered nonpublic high school even though the student has not | 1095 |
| completed the Ohio core curriculum prescribed in division (C) of | 1096 |
| this section if all of the following conditions are satisfied: | 1097 |
| (1) After the student has attended high school for two years, | 1098 |
| as determined by the school, the student and the student's parent, | 1099 |
| guardian, or custodian sign and file with the school a written | 1100 |
| statement asserting the parent's, guardian's, or custodian's | 1101 |
| consent to the student's graduating without completing the Ohio | 1102 |
| core curriculum and acknowledging that one consequence of not | 1103 |
| completing the Ohio core curriculum is ineligibility to enroll in | 1104 |
| most state universities in Ohio without further coursework. | 1105 |
| (2) The student and parent, guardian, or custodian fulfill | 1106 |
| any procedural requirements the school stipulates to ensure the | 1107 |
| student's and parent's, guardian's, or custodian's informed | 1108 |
| consent and to facilitate orderly filing of statements under | 1109 |
| division (D)(1) of this section. | 1110 |
| (3) The student and the student's parent, guardian, or | 1111 |
| custodian and a representative of the student's high school | 1112 |
| jointly develop an individual career plan for the student that | 1113 |
| specifies the student matriculating to a two-year degree program, | 1114 |
| acquiring a business and industry credential, or entering an | 1115 |
| apprenticeship. | 1116 |
| (4) The student's high school provides counseling and support | 1117 |
| for the student related to the plan developed under division | 1118 |
| (D)(3) of this section during the remainder of the student's high | 1119 |
| school experience. | 1120 |
| (5) The student successfully completes, at a minimum, the | 1121 |
| curriculum prescribed in division (B) of this section, except that | 1122 |
| the student shall complete an additional one-half unit of | 1123 |
| physical education. | 1124 |
| The department of
education, in collaboration with
the
| 1125 |
| chancellor of the Ohio board of regents, shall analyze student | 1126 |
| performance data to determine if there are mitigating factors | 1127 |
| that warrant extending the exception permitted by division (D) | 1128 |
| of this section to high school classes beyond those entering | 1129 |
| ninth grade before July 1, 2014. The department shall submit its | 1130 |
| findings and any recommendations not later than August 1, 2014, | 1131 |
| to the speaker and minority leader of the house of | 1132 |
| representatives, the president and minority leader of the senate, | 1133 |
| the chairpersons and ranking minority members of the standing | 1134 |
| committees of the house of representatives and the senate that | 1135 |
| consider education legislation, the state board of education, and | 1136 |
| the superintendent of public instruction. | 1137 |
| (E) Each school district and chartered nonpublic school | 1138 |
| retains the authority to require an even more rigorous minimum | 1139 |
| curriculum for high school graduation than specified in division | 1140 |
| (B) or (C) of this section. A school district board of education, | 1141 |
| through the adoption of a resolution, or the governing authority | 1142 |
| of a chartered nonpublic school may stipulate any of the | 1143 |
| following: | 1144 |
|
(1) A minimum high school curriculum that requires more | 1145 |
| 1146 | |
| those divisions; | 1147 |
| (2) An exception to the district's or school's minimum high | 1148 |
| school curriculum that is comparable to the exception provided in | 1149 |
| division (D) of this section but with additional requirements, | 1150 |
| which may include a requirement that the student successfully | 1151 |
| complete more than the minimum curriculum prescribed in division | 1152 |
| (B) of this section; | 1153 |
| (3) That no exception comparable to that provided in division | 1154 |
| (D) of this section is available. | 1155 |
| (F) A student enrolled in a dropout prevention and recovery | 1156 |
| program, which program has received a waiver from the department | 1157 |
| of education, may qualify for graduation from high school by | 1158 |
| successfully completing a competency-based instructional program | 1159 |
| administered by the dropout prevention and recovery program in | 1160 |
| lieu of completing the Ohio core curriculum prescribed in division | 1161 |
| (C) of this section. The department shall grant a waiver to a | 1162 |
| dropout prevention and recovery program, within sixty days after | 1163 |
| the program applies for the waiver, if the program meets all of | 1164 |
| the following conditions: | 1165 |
| (1) The program serves only students not younger than sixteen | 1166 |
| years of age and not older than twenty-one years of age. | 1167 |
| (2) The program enrolls students who, at the time of their | 1168 |
| initial enrollment, either, or both, are at least one grade level | 1169 |
| behind their cohort age groups or experience crises that | 1170 |
| significantly interfere with their academic progress such that | 1171 |
| they are prevented from continuing their traditional programs. | 1172 |
| (3) The program requires students to attain at least the | 1173 |
| applicable score designated for each of the assessments prescribed | 1174 |
| under division (B)(1) of section 3301.0710 of the Revised Code | 1175 |
| or, to the extent prescribed by rule of the state board of | 1176 |
| education under division (E)(6) of section 3301.0712 of the | 1177 |
| Revised Code, division (B)(2) of that section. | 1178 |
| (4) The program develops an individual career plan for the | 1179 |
| student that specifies the student's matriculating to a two-year | 1180 |
| degree program, acquiring a business and industry credential, or | 1181 |
| entering an apprenticeship. | 1182 |
| (5) The program provides counseling and support for the | 1183 |
| student related to the plan developed under division (F)(4) of | 1184 |
| this section during the remainder of the student's high school | 1185 |
| experience. | 1186 |
| (6) The program requires the student and the student's | 1187 |
| parent, guardian, or custodian to sign and file, in accordance | 1188 |
| with procedural requirements stipulated by the program, a written | 1189 |
| statement asserting the parent's, guardian's, or custodian's | 1190 |
| consent to the student's graduating without completing the Ohio | 1191 |
| core curriculum and acknowledging that one consequence of not | 1192 |
| completing the Ohio core curriculum is ineligibility to enroll in | 1193 |
| most state universities in Ohio without further coursework. | 1194 |
| (7) Prior to receiving the waiver, the program has submitted | 1195 |
| to the department an instructional plan that demonstrates how the | 1196 |
| academic content standards adopted by the state board of education | 1197 |
| under section 3301.079 of the Revised Code will be taught and | 1198 |
| assessed. | 1199 |
| If the department does not act either to grant the waiver or | 1200 |
| to reject the program application for the waiver within sixty days | 1201 |
| as required under this section, the waiver shall be considered to | 1202 |
| be granted. | 1203 |
| (G) Every high school may permit students below the ninth | 1204 |
| grade to take advanced work. If a high school so permits, it | 1205 |
| shall award high school credit for successful completion of the | 1206 |
| advanced work and shall count such advanced work toward the | 1207 |
| graduation requirements of division (B) or (C) of this section | 1208 |
| if the advanced work was both: | 1209 |
| (1) Taught by a person who possesses a license or certificate | 1210 |
| issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 1211 |
| Code that is valid for teaching high school; | 1212 |
| (2) Designated by the board of education of the city, local, | 1213 |
| or exempted village school district, the board of the cooperative | 1214 |
| education school district, or the governing authority of the | 1215 |
| chartered nonpublic school as meeting the high school curriculum | 1216 |
| requirements. | 1217 |
| Each high school shall record on the student's high school | 1218 |
| transcript all high school credit awarded under division (G) of | 1219 |
| this section. In addition, if the student completed a seventh- or | 1220 |
| eighth-grade fine arts course described in division (K) of this | 1221 |
| section and the course qualified for high school credit under that | 1222 |
| division, the high school shall record that course on the | 1223 |
| student's high school transcript. | 1224 |
| (H) The department shall make its individual academic career | 1225 |
| plan available through its Ohio career information system web site | 1226 |
| for districts and schools to use as a tool for communicating with | 1227 |
| and providing guidance to students and families in selecting high | 1228 |
| school courses. | 1229 |
| (I) Units earned in English language arts, mathematics, | 1230 |
| science, and social studies that are delivered through integrated | 1231 |
| academic and career-technical instruction are eligible to meet the | 1232 |
| graduation requirements of division (B) or (C) of this section. | 1233 |
| (J) The state board of education, in consultation with the | 1234 |
| chancellor of the Ohio board of regents, shall adopt a | 1235 |
| statewide plan implementing methods for students to earn units | 1236 |
| of high school credit based on a demonstration of subject area | 1237 |
| competency, instead of or in combination with completing hours | 1238 |
| of classroom instruction. The state board shall adopt the plan | 1239 |
| not later than March 31, 2009, and commence phasing in the plan | 1240 |
| during the 2009-2010 school year. The plan shall include a | 1241 |
| standard method for recording demonstrated proficiency on high | 1242 |
| school transcripts. Each school district, community school, and | 1243 |
| chartered nonpublic school shall comply with the state board's | 1244 |
| plan adopted under this division and award units of high school | 1245 |
| credit in accordance with the plan. The state board may adopt | 1246 |
| existing methods for earning high school credit based on a | 1247 |
| demonstration of subject area competency as necessary prior to | 1248 |
| the 2009-2010 school year. | 1249 |
| (K) This division does not apply to students who qualify for | 1250 |
| graduation from high school under division (D) or (F) of this | 1251 |
| section, or to students pursuing a career-technical instructional | 1252 |
| track as determined by the school district board of education or | 1253 |
| the chartered nonpublic school's governing authority. | 1254 |
| Nevertheless, the general assembly encourages such students to | 1255 |
| consider enrolling in a fine arts course as an elective. | 1256 |
| Beginning with students who enter ninth grade for the first | 1257 |
| time on or after July 1, 2010, each student enrolled in a public | 1258 |
| or chartered nonpublic high school shall complete two semesters or | 1259 |
| the equivalent of fine arts to graduate from high school. The | 1260 |
| coursework may be completed in any of grades seven to twelve. Each | 1261 |
| student who completes a fine arts course in grade seven or eight | 1262 |
| may elect to count that course toward the five units of electives | 1263 |
| required for graduation under division (C)(7) of this section, if | 1264 |
| the course satisfied the requirements of division (G) of this | 1265 |
| section. In that case, the high school shall award the student | 1266 |
| high school credit for the course and count the course toward the | 1267 |
| five units required under division (C)(7) of this section. If the | 1268 |
| course in grade seven or eight did not satisfy the requirements of | 1269 |
| division (G) of this section, the high school shall not award the | 1270 |
| student high school credit for the course but shall count the | 1271 |
| course toward the two semesters or the equivalent of fine arts | 1272 |
| required by this division. | 1273 |
| (L) Notwithstanding anything to the contrary in this section, | 1274 |
| the board of education of each school district and the governing | 1275 |
| authority of each chartered nonpublic school may adopt a policy to | 1276 |
| excuse from the high school physical education requirement each | 1277 |
| student who, during high school, has participated in | 1278 |
| interscholastic athletics, marching band, or cheerleading for at | 1279 |
| least two full seasons. If the board or authority adopts such a | 1280 |
| policy, the board or authority shall not require the student to | 1281 |
| complete any physical education course as a condition to graduate. | 1282 |
| However, the student shall be required to complete one-half unit, | 1283 |
| consisting of at least sixty hours of instruction, in another | 1284 |
| course of study. This division shall cease to apply beginning with | 1285 |
| students who enter ninth grade for the first time on or after July | 1286 |
| 1, 2010. | 1287 |
| Sec. 3313.6016. (A) Beginning in the 2010-2011 school year, | 1288 |
| the board of education of each city, exempted village, or local | 1289 |
| school district shall require all students in each of grades | 1290 |
| kindergarten through twelve to engage in at least thirty minutes | 1291 |
| of moderate to rigorous physical activity each school day, | 1292 |
| exclusive of recess. Physical activity engaged in during a | 1293 |
| physical education course may count toward the daily requirement. | 1294 |
| (B) For any period in which a student is participating in | 1295 |
| interscholastic athletics, marching band, or cheerleading, the | 1296 |
| board may excuse the student from the requirement of division (A) | 1297 |
| of this section. | 1298 |
| (C) Not later than July 1, 2010, the board shall adopt a | 1299 |
| policy to comply with this section. | 1300 |
| Sec. 3313.674. (A) Except as provided in division (D) of | 1301 |
| this section, each city, exempted village, or local school | 1302 |
| district shall require each student enrolled in kindergarten, | 1303 |
| third grade, fifth grade, and ninth grade to undergo a screening | 1304 |
| for body mass index and weight status category prior to the first | 1305 |
| day of November of the school year. | 1306 |
| (B) The district may provide any screenings required by this | 1307 |
| section itself, contract with another entity for provision of the | 1308 |
| screenings, or request the parent or guardian of each student | 1309 |
| subject to this section to obtain the screening from a provider | 1310 |
| selected by the parent or guardian and to submit the results to | 1311 |
| the district. If the district provides the screenings itself or | 1312 |
| contracts with another entity for provision of the screenings, the | 1313 |
| district shall protect student privacy by ensuring that each | 1314 |
| student is screened alone and not in the presence of other | 1315 |
| students or staff. | 1316 |
| (C) Prior to the first day of August of each school year, the | 1317 |
| district shall provide the parent or guardian of each student | 1318 |
| subject to this section with information about the district's | 1319 |
| screening program. If the district requests parents and guardians | 1320 |
| to obtain a screening from a provider of their choosing, the | 1321 |
| district shall provide them with a list of providers and | 1322 |
| information about screening services available in the community to | 1323 |
| parents and guardians who cannot afford a private provider. | 1324 |
| (D) If the parent or guardian of a student subject to this | 1325 |
| section signs and submits to the district a written statement | 1326 |
| indicating that the parent or guardian does not wish to have the | 1327 |
| student undergo the screening, the district shall not require the | 1328 |
| student to be screened. | 1329 |
| (E) The district shall notify the parent or guardian of each | 1330 |
| student screened under this section of any health risks associated | 1331 |
| with the student's results and shall provide the parent or | 1332 |
| guardian with information about appropriately addressing the | 1333 |
| risks. For this purpose, the department of education, in | 1334 |
| consultation with the department of health and the healthy choices | 1335 |
| for healthy children council established under section 3301.92 of | 1336 |
| the Revised Code, shall develop a list of documents, pamphlets, | 1337 |
| or other resources that districts may distribute to parents and | 1338 |
| guardians under this division. | 1339 |
| (F) The district shall maintain the confidentiality of each | 1340 |
| student's individual screening results at all times. No district | 1341 |
| shall report a student's individual screening results to any | 1342 |
| person other than the student's parent or guardian. | 1343 |
| (G) The district shall report aggregated body mass index and | 1344 |
| weight status category data collected under this section to the | 1345 |
| department of education through the education management | 1346 |
| information system established under section 3301.0714 of the | 1347 |
| Revised Code. The department may share data reported under this | 1348 |
| division with the department of health and other governmental | 1349 |
| entities for the purpose of monitoring population health, making | 1350 |
| reports, or public health promotional activities. | 1351 |
| Sec. 3313.813. (A) As used in this section: | 1352 |
| (1) "Outdoor education center" means a public or nonprofit | 1353 |
| private entity that provides to pupils enrolled in any public or | 1354 |
| chartered nonpublic elementary or secondary school an outdoor | 1355 |
| educational curriculum that the school considers to be part of its | 1356 |
| educational program. | 1357 |
| (2) "Outside-school-hours care center" has the meaning | 1358 |
| established in 7 C.F.R. 226.2. | 1359 |
| (B) The state board of education shall establish standards | 1360 |
| for a school lunch program, school breakfast program, child and | 1361 |
| adult care food program, special food service program for | 1362 |
| children, summer food service program for children, special milk | 1363 |
| program for children, food service equipment assistance program, | 1364 |
| and commodity distribution program established under the "National | 1365 |
| School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 1366 |
| amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 1367 |
| U.S.C. 1771, as amended. Any board of education of a school | 1368 |
| district, nonprofit private school, outdoor education center, | 1369 |
| child care institution, outside-school-hours care center, or | 1370 |
| summer camp desiring to participate in such a program or required | 1371 |
| to participate under this section shall, if eligible to | 1372 |
| participate under the "National School Lunch Act," as amended, or | 1373 |
| the "Child Nutrition Act of 1966," as amended, make application to | 1374 |
| the state board of education for assistance. The board shall | 1375 |
| administer the allocation and distribution of all state and | 1376 |
| federal funds for these programs. | 1377 |
| (C) The state board of education shall require the board of | 1378 |
| education of each school district to establish and maintain a | 1379 |
| school breakfast, lunch, and summer food service program pursuant | 1380 |
| to the "National School Lunch Act" and the "Child Nutrition Act of | 1381 |
| 1966," as described in divisions (C)(1) to (4) of this section. | 1382 |
| (1) The state board shall require the board of education in | 1383 |
| each school district to establish a breakfast program in every | 1384 |
| school where at least one-fifth of the pupils in the school are | 1385 |
| eligible under federal requirements for free breakfasts and to | 1386 |
| establish a lunch program in every school where at least one-fifth | 1387 |
| of the pupils are eligible for free lunches. The board of | 1388 |
| education required to establish a breakfast program under this | 1389 |
| division may make a charge in accordance with federal requirements | 1390 |
| for each reduced price breakfast or paid breakfast to cover the | 1391 |
| cost incurred in providing that meal. | 1392 |
| (2) The state board shall require the board of education in | 1393 |
| each school district to establish a breakfast program in every | 1394 |
| school in which the parents of at least one-half of the children | 1395 |
| enrolled in the school have requested that the breakfast program | 1396 |
| be established. The board of education required to establish a | 1397 |
| program under this division may make a charge in accordance with | 1398 |
| federal requirements for each meal to cover all or part of the | 1399 |
| costs incurred in establishing such a program. | 1400 |
| (3) The state board of education shall require the board of | 1401 |
| education in each school district to establish one of the | 1402 |
| following for summer intervention services described in division | 1403 |
| (D) of section 3301.0711 and section 3313.608 of the Revised Code | 1404 |
| and any other summer intervention program required by law: | 1405 |
| (a) An extension of the school breakfast program pursuant to | 1406 |
| the "National School Lunch Act" and the "Child Nutrition Act of | 1407 |
| 1966"; | 1408 |
| (b) An extension of the school lunch program pursuant to | 1409 |
| those acts; | 1410 |
| (c) A summer food service program pursuant to those acts. | 1411 |
| (4)(a) If the board of education of a school district | 1412 |
| determines that, for financial reasons, it cannot comply with | 1413 |
| division (C)(1) or (3) of this section, the district board may | 1414 |
| choose not to comply with either or both divisions, except as | 1415 |
| provided in division (C)(4)(b) of this section. The district board | 1416 |
| publicly shall communicate to the residents of the district, in | 1417 |
| the manner it determines appropriate, its decision not to comply. | 1418 |
| (b) If a district board chooses not to comply with division | 1419 |
| (C)(1) of this section, the state board of education nevertheless | 1420 |
| shall require the district board to establish a breakfast program | 1421 |
| in every school where at least one-third of the pupils in the | 1422 |
| school are eligible under federal requirements for free breakfasts | 1423 |
| and to establish a lunch program in every school where at least | 1424 |
| one-third of the pupils are eligible for free lunches. The | 1425 |
| district board may make a charge in accordance with federal | 1426 |
| requirements for each reduced price breakfast or paid breakfast to | 1427 |
| cover the cost incurred in providing that meal. | 1428 |
| (c) If a school district cannot for good cause comply with | 1429 |
| the requirements of division (C)(2) or (4)(b) of this section at | 1430 |
| the time the state board determines that a district is subject to | 1431 |
| these requirements, the state board of education shall grant a | 1432 |
| reasonable extension of time. Good cause for an extension of time | 1433 |
| shall include, but need not be limited to, economic impossibility | 1434 |
| of compliance with the requirements at the time the state board | 1435 |
| determines that a district is subject to them. | 1436 |
| (D)(1) The state board of education shall accept the | 1437 |
| application of any outdoor education center in the state making | 1438 |
| application for participation in a program pursuant to division | 1439 |
| (B) of this section. | 1440 |
| (2) For purposes of participation in any program pursuant to | 1441 |
| this section, the board shall certify any outdoor education center | 1442 |
| making application as an educational unit that is part of the | 1443 |
| educational system of the state, if the center: | 1444 |
| (a) Meets the definition of an outdoor education center; | 1445 |
| (b) Provides its outdoor education curriculum to pupils on an | 1446 |
| overnight basis so that pupils are in residence at the center for | 1447 |
| more than twenty-four consecutive hours; | 1448 |
| (c) Operates under public or nonprofit private ownership in a | 1449 |
| single building or complex of buildings. | 1450 |
| (3) The board shall approve any outdoor education center | 1451 |
| certified under this division for participation in the program for | 1452 |
| which the center is making application on the same basis as any | 1453 |
| other applicant for that program. | 1454 |
| (E) Any school district board of education or chartered | 1455 |
| nonpublic school that participates in a breakfast program pursuant | 1456 |
| to this section may offer breakfast to pupils in their classrooms | 1457 |
| during the school day. | 1458 |
| (F) Notwithstanding anything in this section to the contrary, | 1459 |
| in each fiscal year in which the general assembly appropriates | 1460 |
| funds for purposes of this division, the board of education of | 1461 |
| each school district and each chartered nonpublic school that | 1462 |
| participates in a breakfast program pursuant to this section shall | 1463 |
| provide a breakfast free of charge to each pupil who is eligible | 1464 |
| under federal requirements for a reduced price breakfast. | 1465 |
| Sec. 3313.814. (A) As used in this section and sections | 1466 |
| 3313.816 and 3313.817 of the Revised Code: | 1467 |
| (1) "A la carte item" means an individually priced food or | 1468 |
| beverage item that is available for sale to students through any | 1469 |
| of the following: | 1470 |
| (a) A school food service program; | 1471 |
| (b) A vending machine located on school property; | 1472 |
| (c) A store operated by the school, a student association, or | 1473 |
| other school-sponsored organization. | 1474 |
| "A la carte item" does not include any food or beverage item | 1475 |
| available for sale in connection with a school-sponsored | 1476 |
| fundraiser held outside of the regular school day, any other | 1477 |
| school-sponsored event held outside of the regular school day, or | 1478 |
| an interscholastic athletic event. "A la carte item" also does not | 1479 |
| include any food or beverage item that is part of a reimbursable | 1480 |
| meal and that is available for sale as an individually priced item | 1481 |
| in a serving portion of the same size as in the reimbursable meal. | 1482 |
| (2) "Added sweeteners" means any additives that enhance the | 1483 |
| sweetness of a beverage, including processed sugar. "Added | 1484 |
| sweeteners" do not include any natural sugars found in fruit | 1485 |
| juices that are a component of the beverage. | 1486 |
| (3) "Extended school day" means the period before and after | 1487 |
| the regular school day during which students participate in | 1488 |
| school-sponsored extracurricular activities, latchkey programs as | 1489 |
| defined in section 3313.207 of the Revised Code, or other academic | 1490 |
| or enrichment programs. | 1491 |
| (4) "Regular school day" means the period each school day | 1492 |
| between the designated arrival time for students and the end of | 1493 |
| the final instructional period. | 1494 |
| (5) "Reimbursable meal" means a meal that is provided to | 1495 |
| students through a school breakfast or lunch program established | 1496 |
| under the "National School Lunch Act," 60 Stat. 230 (1946), 42 | 1497 |
| U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 | 1498 |
| Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria | 1499 |
| for reimbursement established by the United States department of | 1500 |
| agriculture. | 1501 |
| (6) "School food service program" means a school food service | 1502 |
| program operated under section 3313.81 or 3313.813 of the Revised | 1503 |
| Code. | 1504 |
| (B) Each school district board of education and each | 1505 |
| chartered nonpublic school governing authority shall adopt and | 1506 |
| enforce nutrition standards governing the types of food and | 1507 |
| beverages that may be sold on the premises of its schools, and | 1508 |
| specifying the time and place each type of food or beverage may be | 1509 |
| sold. In adopting the standards, the board or governing authority | 1510 |
|
shall consider | 1511 |
| beverage. The board or governing authority shall consult the | 1512 |
| dietary guidelines for Americans jointly developed by the United | 1513 |
| States department of agriculture and the United States department | 1514 |
| of health and human services and, to the maximum extent possible, | 1515 |
| shall incorporate the guidelines into the standards. No food or | 1516 |
| beverage may be sold on any school premises except in accordance | 1517 |
|
with the
standards adopted by the board | 1518 |
| authority. The standards shall comply with sections 3313.816 and | 1519 |
| 3313.817 of the Revised Code, but nothing in this section shall | 1520 |
| prohibit the standards from being more restrictive than otherwise | 1521 |
| required by those sections. | 1522 |
| (C) The nutrition standards adopted under this section shall | 1523 |
| prohibit the placement of vending machines in any classroom where | 1524 |
| students are provided instruction, unless the classroom also is | 1525 |
| used to serve students meals. This division does not apply to | 1526 |
| vending machines that sell only milk, reimbursable meals, or food | 1527 |
| and beverage items that are part of a reimbursable meal and are | 1528 |
| available for sale as individually priced items in serving | 1529 |
| portions of the same size as in the reimbursable meal. | 1530 |
| (D) Each board or governing authority shall designate staff | 1531 |
| to be responsible for ensuring that the school district or school | 1532 |
| meets the nutrition standards adopted under this section. The | 1533 |
| staff shall prepare an annual report regarding the district's or | 1534 |
| school's compliance with the standards and submit it to the | 1535 |
| department of education. The board or governing authority | 1536 |
| annually shall schedule a presentation on the report at one of | 1537 |
| its regular meetings. Each district or school shall make copies | 1538 |
| of the report available to the public upon request. | 1539 |
| (E) The state board of education shall formulate and adopt | 1540 |
| guidelines, which boards of education and chartered nonpublic | 1541 |
| schools may follow in enforcing and implementing this section. | 1542 |
| Sec. 3313.816. (A) No public or chartered nonpublic school | 1543 |
| shall permit the sale of a la carte beverage items other than the | 1544 |
| following during the regular and extended school day: | 1545 |
| (1) For a school in which the majority of grades offered are | 1546 |
| in the range from kindergarten to grade four: | 1547 |
| (a) Water; | 1548 |
| (b)(i) Prior to January 1, 2014, eight ounces or less of | 1549 |
| low-fat or fat-free milk, including flavored milk, that contains | 1550 |
| not more than one hundred seventy calories per eight ounces; | 1551 |
| (ii) Beginning January 1, 2014, eight ounces or less of | 1552 |
| low-fat or fat-free milk, including flavored milk, that contains | 1553 |
| not more than one hundred fifty calories per eight ounces. | 1554 |
| (c) Eight ounces or less of one hundred per cent fruit juice, | 1555 |
| or a one hundred per cent fruit juice and water blend with no | 1556 |
| added sweeteners, that contains not more than one hundred sixty | 1557 |
| calories per eight ounces. | 1558 |
| (2) For a school in which the majority of grades offered are | 1559 |
| in the range from grade five to grade eight: | 1560 |
| (a) Water; | 1561 |
| (b)(i) Prior to January 1, 2014, eight ounces or less of | 1562 |
| low-fat or fat-free milk, including flavored milk, that contains | 1563 |
| not more than one hundred seventy calories per eight ounces; | 1564 |
| (ii) Beginning January 1, 2014, eight ounces or less of | 1565 |
| low-fat or fat-free milk, including flavored milk, that contains | 1566 |
| not more than one hundred fifty calories per eight ounces. | 1567 |
| (c) Ten ounces or less of one hundred per cent fruit juice, | 1568 |
| or a one hundred per cent fruit juice and water blend with no | 1569 |
| added sweeteners, that contains not more than one hundred sixty | 1570 |
| calories per eight ounces. | 1571 |
| (3) For a school in which the majority of grades offered are | 1572 |
| in the range from grade nine to grade twelve: | 1573 |
| (a) Water; | 1574 |
| (b)(i) Prior to January 1, 2014, sixteen ounces or less of | 1575 |
| low-fat or fat-free milk, including flavored milk, that contains | 1576 |
| not more than one hundred seventy calories per eight ounces; | 1577 |
| (ii) Beginning January 1, 2014, sixteen ounces or less of | 1578 |
| low-fat or fat-free milk, including flavored milk, that contains | 1579 |
| not more than one hundred fifty calories per eight ounces. | 1580 |
| (c) Twelve ounces or less of one hundred per cent fruit | 1581 |
| juice, or a one hundred per cent fruit juice and water blend with | 1582 |
| no added sweeteners, that contains not more than one hundred sixty | 1583 |
| calories per eight ounces; | 1584 |
| (d) Twelve ounces or less of any beverage that contains not | 1585 |
| more than sixty-six calories per eight ounces; | 1586 |
| (e) Any size of a beverage that contains not more than ten | 1587 |
| calories per eight ounces, which may include caffeinated | 1588 |
| beverages and beverages with added sweeteners, carbonation, or | 1589 |
| artificial flavoring. | 1590 |
| (B) Each public and chartered nonpublic school shall require | 1591 |
| at least fifty per cent of the a la carte beverage items available | 1592 |
| for sale from each of the following sources during the regular and | 1593 |
| extended school day to be water or other beverages that contain | 1594 |
| not more than ten calories per eight ounces: | 1595 |
| (1) A school food service program; | 1596 |
| (2) A vending machine located on school property that does | 1597 |
| not sell only milk or reimbursable meals; | 1598 |
| (3) A store operated by the school, a student association, or | 1599 |
| other school-sponsored organization. | 1600 |
| (C) If, after July 1, 2009, the United States department of | 1601 |
| agriculture adopts regulations for the sale of a la carte beverage | 1602 |
| items in schools that are more restrictive than the requirements | 1603 |
| of this section, those regulations shall supersede the | 1604 |
| requirements of this section. Each chartered nonpublic school | 1605 |
| shall comply with the regulations, regardless of whether the | 1606 |
| United States department of agriculture applies the regulations to | 1607 |
| nonpublic schools. | 1608 |
| (D) The department of education shall determine whether each | 1609 |
| public and chartered nonpublic school is in compliance with this | 1610 |
| section or any federal regulations described in division (C) of | 1611 |
| this section. The department may make that determination in | 1612 |
| conjunction with any regular review of the school food service | 1613 |
| program operated by the school, provided that the review is | 1614 |
| conducted at least once every five years. | 1615 |
| Sec. 3313.817. (A) When the department of education is able | 1616 |
| to obtain free of charge computer software for assessing the | 1617 |
| nutritional value of foods that does all of the following, the | 1618 |
| department shall make that software available free of charge to | 1619 |
| each public and chartered nonpublic school: | 1620 |
| (1) Rates the healthiness of foods based on nutrient density; | 1621 |
| (2) Assesses the amount of calories, total fat, saturated | 1622 |
| fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A, | 1623 |
| and vitamin C in each food item; | 1624 |
| (3) Evaluates the nutritional value of foods based on the | 1625 |
| dietary guidelines for Americans jointly developed by the United | 1626 |
| States department of agriculture and United States department of | 1627 |
| health and human services as they pertain to children and | 1628 |
| adolescents. | 1629 |
| (B) Each public and chartered nonpublic school shall use the | 1630 |
| software provided by the department under this section to | 1631 |
| determine the nutritional value of each a la carte food item | 1632 |
| available for sale at the school. | 1633 |
| (C) When the department provides software under this section, | 1634 |
| each public and chartered nonpublic school shall comply with all | 1635 |
| of the following requirements: | 1636 |
| (1) No a la carte food item shall be in the lowest rated | 1637 |
| category of foods designated by the software. | 1638 |
| (2) In the first school year in which the school is subject | 1639 |
| to this section, at least twenty per cent of the a la carte food | 1640 |
| items available for sale from each of the following sources during | 1641 |
| the regular and extended school day shall be in the highest rated | 1642 |
| category of foods designated by the software and in each school | 1643 |
| year thereafter, at least forty per cent of the a la carte food | 1644 |
| items available for sale from each of the following sources | 1645 |
| during the regular and extended school day shall be in that | 1646 |
| category: | 1647 |
| (a) A school food service program; | 1648 |
| (b) A vending machine located on school property; | 1649 |
| (c) A store operated by the school, a student association, or | 1650 |
| other school-sponsored organization. | 1651 |
| (3) Each a la carte food item that is not in the highest | 1652 |
| rated category of foods designated by the software shall meet at | 1653 |
| least two of the following criteria: | 1654 |
| (a) It contains at least five grams of protein. | 1655 |
| (b) It contains at least ten per cent of the recommended | 1656 |
| daily value of fiber. | 1657 |
| (c) It contains at least ten per cent of the recommended | 1658 |
| daily value of calcium. | 1659 |
| (d) It contains at least ten per cent of the recommended | 1660 |
| daily value of iron. | 1661 |
| (e) It contains at least ten per cent of the recommended | 1662 |
| daily value of vitamin A. | 1663 |
| (f) It contains at least ten per cent of the recommended | 1664 |
| daily value of vitamin C. | 1665 |
| (D) If, after July 1, 2009, the United States department of | 1666 |
| agriculture adopts regulations for the sale of a la carte food | 1667 |
| items in schools that are more restrictive than the requirements | 1668 |
| of this section, those regulations shall supersede the | 1669 |
| requirements of this section. Each chartered nonpublic school | 1670 |
| shall comply with the regulations, regardless of whether the | 1671 |
| United States department of agriculture applies the regulations to | 1672 |
| nonpublic schools. | 1673 |
| (E) The department shall determine whether each public and | 1674 |
| chartered nonpublic school is in compliance with this section or | 1675 |
| any federal regulations described in division (D) of this section. | 1676 |
| The department may make that determination in conjunction with any | 1677 |
| regular review of the school food service program operated by the | 1678 |
| school, provided that the review is conducted at least once every | 1679 |
| five years. | 1680 |
| Sec. 3314.03. A copy of every contract entered into under | 1681 |
| this section shall be filed with the superintendent of public | 1682 |
| instruction. | 1683 |
| (A) Each contract entered into between a sponsor and the | 1684 |
| governing authority of a community school shall specify the | 1685 |
| following: | 1686 |
| (1) That the school shall be established as either of the | 1687 |
| following: | 1688 |
| (a) A nonprofit corporation established under Chapter 1702. | 1689 |
| of the Revised Code, if established prior to April 8, 2003; | 1690 |
| (b) A public benefit corporation established under Chapter | 1691 |
|
1702. of the Revised Code, if established after April 8, 2003 | 1692 |
| (2) The education program of the school, including the | 1693 |
| school's mission, the characteristics of the students the school | 1694 |
| is expected to attract, the ages and grades of students, and the | 1695 |
| focus of the curriculum; | 1696 |
| (3) The academic goals to be achieved and the method of | 1697 |
| measurement that will be used to determine progress toward those | 1698 |
| goals, which shall include the statewide achievement assessments; | 1699 |
| (4) Performance standards by which the success of the school | 1700 |
| will be evaluated by the sponsor; | 1701 |
| (5) The admission standards of section 3314.06 of the Revised | 1702 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 1703 |
| (6)(a) Dismissal procedures; | 1704 |
| (b) A requirement that the governing authority adopt an | 1705 |
| attendance policy that includes a procedure for automatically | 1706 |
| withdrawing a student from the school if the student without a | 1707 |
| legitimate excuse fails to participate in one hundred five | 1708 |
| consecutive hours of the learning opportunities offered to the | 1709 |
| student. | 1710 |
| (7) The ways by which the school will achieve racial and | 1711 |
| ethnic balance reflective of the community it serves; | 1712 |
| (8) Requirements for financial audits by the auditor of | 1713 |
| state. The contract shall require financial records of the school | 1714 |
| to be maintained in the same manner as are financial records of | 1715 |
| school districts, pursuant to rules of the auditor of state. | 1716 |
| Audits shall be conducted in accordance with section 117.10 of | 1717 |
| the Revised Code. | 1718 |
| (9) The facilities to be used and their locations; | 1719 |
| (10) Qualifications of teachers,
including | 1720 |
| (a) A requirement that the school's classroom teachers be | 1721 |
| licensed in accordance with sections 3319.22 to 3319.31 of the | 1722 |
| Revised Code, except that a community school may engage | 1723 |
| noncertificated persons to teach up to twelve hours per week | 1724 |
| pursuant to section 3319.301 of the Revised Code; | 1725 |
| (b) A requirement that each classroom teacher employed by the | 1726 |
| school on or after July 1, 2013, to provide instruction in | 1727 |
| physical education hold a valid license issued pursuant to | 1728 |
| sections 3319.22 and 3319.224 of the Revised Code for teaching | 1729 |
| physical education. | 1730 |
| (11) That the school will comply with the following | 1731 |
| requirements: | 1732 |
| (a) The school will provide learning opportunities to a | 1733 |
| minimum of twenty-five students for a minimum of nine hundred | 1734 |
| twenty hours per school year. | 1735 |
| (b) The governing authority will purchase liability | 1736 |
| insurance, or otherwise provide for the potential liability of the | 1737 |
| school. | 1738 |
| (c) The school will be nonsectarian in its programs, | 1739 |
| admission policies, employment practices, and all other | 1740 |
| operations, and will not be operated by a sectarian school or | 1741 |
| religious institution. | 1742 |
| (d) The school will comply with division (A)(3) of section | 1743 |
| 3301.079 of the Revised Code and sections 9.90, 9.91, 109.65, | 1744 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 1745 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 1746 |
| 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6016, 3313.643, | 1747 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 1748 |
| 3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 1749 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816, | 1750 |
| 3314.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, | 1751 |
| 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, | 1752 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 1753 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 1754 |
| 4123., 4141., and 4167. of the Revised Code as if it were a | 1755 |
| school district and will comply with section 3301.0714 of the | 1756 |
| Revised Code in the manner specified in section 3314.17 of | 1757 |
| the Revised Code. | 1758 |
| (e) The school shall comply with Chapter 102. and section | 1759 |
| 2921.42 of the Revised Code. | 1760 |
| (f) The school will comply with sections 3313.61, 3313.611, | 1761 |
| and 3313.614 of the Revised Code, except that for students who | 1762 |
| enter ninth grade for the first time before July 1, 2010, the | 1763 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 1764 |
| that a person must successfully complete the curriculum in any | 1765 |
| high school prior to receiving a high school diploma may be met by | 1766 |
| completing the curriculum adopted by the governing authority of | 1767 |
| the community school rather than the curriculum specified in Title | 1768 |
| XXXIII of the Revised Code or any rules of the state board of | 1769 |
| education. Beginning with students who enter ninth grade for the | 1770 |
| first time on or after July 1, 2010, the requirement in sections | 1771 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 1772 |
| successfully complete the curriculum of a high school prior to | 1773 |
| receiving a high school diploma shall be met by completing the | 1774 |
| Ohio core curriculum prescribed in division (C) of section | 1775 |
| 3313.603 of the Revised Code, unless the person qualifies under | 1776 |
| division (D) or (F) of that section. Each school shall comply with | 1777 |
| the plan for awarding high school credit based on demonstration of | 1778 |
| subject area competency, adopted by the state board of education | 1779 |
| under division (J) of section 3313.603 of the Revised Code. | 1780 |
| (g) The school governing authority will submit within four | 1781 |
| months after the end of each school year a report of its | 1782 |
| activities and progress in meeting the goals and standards of | 1783 |
| divisions (A)(3) and (4) of this section and its financial status | 1784 |
| to the sponsor and the parents of all students enrolled in the | 1785 |
| school. | 1786 |
| (h) The school, unless it is an internet- or computer-based | 1787 |
| community school, will comply with section 3313.801 of the Revised | 1788 |
| Code as if it were a school district. | 1789 |
| (12) Arrangements for providing health and other benefits to | 1790 |
| employees; | 1791 |
| (13) The length of the contract, which shall begin at the | 1792 |
| beginning of an academic year. No contract shall exceed five | 1793 |
| years unless such contract has been renewed pursuant to division | 1794 |
| (E) of this section. | 1795 |
| (14) The governing authority of the school, which shall be | 1796 |
| responsible for carrying out the provisions of the contract; | 1797 |
| (15) A financial plan detailing an estimated school budget | 1798 |
| for each year of the period of the contract and specifying the | 1799 |
| total estimated per pupil expenditure amount for each such year. | 1800 |
| The plan shall specify for each year the base formula amount that | 1801 |
| will be used for purposes of funding calculations under section | 1802 |
| 3314.08 of the Revised Code. This base formula amount for any year | 1803 |
| shall not exceed the formula amount defined under section 3317.02 | 1804 |
| of the Revised Code. The plan may also specify for any year a | 1805 |
| percentage figure to be used for reducing the per pupil amount of | 1806 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 1807 |
| Code the school is to receive that year under section 3314.08 of | 1808 |
| the Revised Code. | 1809 |
| (16) Requirements and procedures regarding the disposition of | 1810 |
| employees of the school in the event the contract is terminated or | 1811 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 1812 |
| (17) Whether the school is to be created by converting all or | 1813 |
| part of an existing public school or educational service center | 1814 |
| building or is to be a new start-up school, and if it is a | 1815 |
| converted public school or service center building, specification | 1816 |
| of any duties or responsibilities of an employer that the board of | 1817 |
| education or service center governing board that operated the | 1818 |
| school or building before conversion is delegating to the | 1819 |
| governing authority of the community school with respect to all | 1820 |
| or any specified group of employees provided the delegation is | 1821 |
| not prohibited by a collective bargaining agreement applicable to | 1822 |
| such employees; | 1823 |
| (18) Provisions establishing procedures for resolving | 1824 |
| disputes or differences of opinion between the sponsor and the | 1825 |
| governing authority of the community school; | 1826 |
| (19) A provision requiring the governing authority to adopt a | 1827 |
| policy regarding the admission of students who reside outside the | 1828 |
| district in which the school is located. That policy shall comply | 1829 |
| with the admissions procedures specified in sections 3314.06 and | 1830 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 1831 |
| authority, shall do one of the following: | 1832 |
| (a) Prohibit the enrollment of students who reside outside | 1833 |
| the district in which the school is located; | 1834 |
| (b) Permit the enrollment of students who reside in districts | 1835 |
| adjacent to the district in which the school is located; | 1836 |
| (c) Permit the enrollment of students who reside in any other | 1837 |
| district in the state. | 1838 |
| (20) A provision recognizing the authority of the department | 1839 |
| of education to take over the sponsorship of the school in | 1840 |
| accordance with the provisions of division (C) of section 3314.015 | 1841 |
| of the Revised Code; | 1842 |
| (21) A provision recognizing the sponsor's authority to | 1843 |
| assume the operation of a school under the conditions specified in | 1844 |
| division (B) of section 3314.073 of the Revised Code; | 1845 |
| (22) A provision recognizing both of the following: | 1846 |
| (a) The authority of public health and safety officials to | 1847 |
| inspect the facilities of the school and to order the facilities | 1848 |
| closed if those officials find that the facilities are not in | 1849 |
| compliance with health and safety laws and regulations; | 1850 |
| (b) The authority of the department of education as the | 1851 |
| community school oversight body to suspend the operation of the | 1852 |
| school under section 3314.072 of the Revised Code if the | 1853 |
| department has evidence of conditions or violations of law at the | 1854 |
| school that pose an imminent danger to the health and safety of | 1855 |
| the school's students and employees and the sponsor refuses to | 1856 |
| take such action; | 1857 |
| (23) A description of the learning opportunities that will be | 1858 |
| offered to students including both classroom-based and | 1859 |
| non-classroom-based learning opportunities that is in compliance | 1860 |
| with criteria for student participation established by the | 1861 |
| department under division (L)(2) of section 3314.08 of the | 1862 |
| Revised Code; | 1863 |
| (24) The school will comply with sections 3302.04 and | 1864 |
| 3302.041 of the Revised Code, except that any action required to | 1865 |
| be taken by a school district pursuant to those sections shall | 1866 |
| be taken by the sponsor of the school. However, the sponsor | 1867 |
| shall not be required to take any action described in division | 1868 |
| (F) of section 3302.04 of the Revised Code. | 1869 |
| (25) Beginning in the 2006-2007 school year, the school will | 1870 |
| open for operation not later than the thirtieth day of September | 1871 |
| each school year, unless the mission of the school as specified | 1872 |
| under division (A)(2) of this section is solely to serve dropouts. | 1873 |
| In its initial year of operation, if the school fails to open by | 1874 |
| the thirtieth day of September, or within one year after the | 1875 |
| adoption of the contract pursuant to division (D) of section | 1876 |
| 3314.02 of the Revised Code if the mission of the school is solely | 1877 |
| to serve dropouts, the contract shall be void. | 1878 |
| (B) The community school shall also submit to the sponsor a | 1879 |
| comprehensive plan for the school. The plan shall specify the | 1880 |
| following: | 1881 |
| (1) The process by which the governing authority of the | 1882 |
| school will be selected in the future; | 1883 |
| (2) The management and administration of the school; | 1884 |
| (3) If the community school is a currently existing public | 1885 |
| school or educational service center building, alternative | 1886 |
| arrangements for current public school students who choose not to | 1887 |
| attend the converted school and for teachers who choose not to | 1888 |
| teach in the school or building after conversion; | 1889 |
| (4) The instructional program and educational philosophy of | 1890 |
| the school; | 1891 |
| (5) Internal financial controls. | 1892 |
| (C) A contract entered into under section 3314.02 of the | 1893 |
| Revised Code between a sponsor and the governing authority of a | 1894 |
| community school may provide for the community school governing | 1895 |
| authority to make payments to the sponsor, which is hereby | 1896 |
| authorized to receive such payments as set forth in the contract | 1897 |
| between the governing authority and the sponsor. The total amount | 1898 |
| of such payments for oversight and monitoring of the school shall | 1899 |
| not exceed three per cent of the total amount of payments for | 1900 |
| operating expenses that the school receives from the state. | 1901 |
| (D) The contract shall specify the duties of the sponsor | 1902 |
| which shall be in accordance with the written agreement entered | 1903 |
| into with the department of education under division (B) of | 1904 |
| section 3314.015 of the Revised Code and shall include the | 1905 |
| following: | 1906 |
| (1) Monitor the community school's compliance with all laws | 1907 |
| applicable to the school and with the terms of the contract; | 1908 |
| (2) Monitor and evaluate the academic and fiscal performance | 1909 |
| and the organization and operation of the community school on at | 1910 |
| least an annual basis; | 1911 |
| (3) Report on an annual basis the results of the evaluation | 1912 |
| conducted under division (D)(2) of this section to the department | 1913 |
| of education and to the parents of students enrolled in the | 1914 |
| community school; | 1915 |
| (4) Provide technical assistance to the community school in | 1916 |
| complying with laws applicable to the school and terms of the | 1917 |
| contract; | 1918 |
| (5) Take steps to intervene in the school's operation to | 1919 |
| correct problems in the school's overall performance, declare the | 1920 |
| school to be on probationary status pursuant to section 3314.073 | 1921 |
| of the Revised Code, suspend the operation of the school pursuant | 1922 |
| to section 3314.072 of the Revised Code, or terminate the contract | 1923 |
| of the school pursuant to section 3314.07 of the Revised Code as | 1924 |
| determined necessary by the sponsor; | 1925 |
| (6) Have in place a plan of action to be undertaken in the | 1926 |
| event the community school experiences financial difficulties or | 1927 |
| closes prior to the end of a school year. | 1928 |
| (E) Upon the expiration of a contract entered into under this | 1929 |
| section, the sponsor of a community school may, with the approval | 1930 |
| of the governing authority of the school, renew that contract for | 1931 |
| a period of time determined by the sponsor, but not ending earlier | 1932 |
| than the end of any school year, if the sponsor finds that the | 1933 |
| school's compliance with applicable laws and terms of the contract | 1934 |
| and the school's progress in meeting the academic goals prescribed | 1935 |
| in the contract have been satisfactory. Any contract that is | 1936 |
| renewed under this division remains subject to the provisions of | 1937 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 1938 |
| (F) If a community school fails to open for operation within | 1939 |
| one year after the contract entered into under this section is | 1940 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 1941 |
| Code or permanently closes prior to the expiration of the | 1942 |
| contract, the contract shall be void and the school shall not | 1943 |
| enter into a contract with any other sponsor. A school shall not | 1944 |
| be considered permanently closed because the operations of the | 1945 |
| school have been suspended pursuant to section 3314.072 of the | 1946 |
| Revised Code. Any contract that becomes void under this division | 1947 |
| shall not count toward any statewide limit on the number of such | 1948 |
| contracts prescribed by section 3314.013 of the Revised Code. | 1949 |
| Sec. 3314.18. (A) Subject to division (C) of this section, | 1950 |
|
the governing | 1951 |
| establish a breakfast program pursuant to the "National School | 1952 |
| Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and | 1953 |
| the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, | 1954 |
| as amended, if at least one-fifth of the pupils in the school are | 1955 |
| eligible under federal requirements for free breakfasts, and shall | 1956 |
| establish a lunch program pursuant to those acts if at least | 1957 |
| one-fifth of the pupils are eligible for free lunches. The | 1958 |
|
governing | 1959 |
| program under this division may make a charge in accordance with | 1960 |
| federal requirements for each reduced price breakfast or paid | 1961 |
| breakfast to cover the cost incurred in providing that meal. | 1962 |
| (B) Subject to division (C) of this section, the governing | 1963 |
| 1964 | |
| the following for summer intervention services described in | 1965 |
| division (D) of section 3301.0711 and section 3313.608 of the | 1966 |
| Revised Code and any other summer intervention program required by | 1967 |
| law: | 1968 |
| (1) An extension of the school breakfast program pursuant to | 1969 |
| the "National School Lunch Act" and the "Child Nutrition Act of | 1970 |
| 1966"; | 1971 |
| (2) An extension of the school lunch program pursuant to | 1972 |
| those acts; | 1973 |
| (3) A summer food service program pursuant to those acts. | 1974 |
| (C) If the governing | 1975 |
| determines that, for financial reasons, it cannot comply with | 1976 |
|
division (A) or (B) of this section, the governing | 1977 |
| may choose not to comply with either or both divisions. In that | 1978 |
|
case, the governing | 1979 |
| parents of its students, in the manner it determines appropriate, | 1980 |
| its decision not to comply. | 1981 |
| (D) The governing | 1982 |
| required to establish a school breakfast, school lunch, or summer | 1983 |
| food service program under this section shall apply for state and | 1984 |
| federal funds allocated by the state board of education under | 1985 |
| division (B) of section 3313.813 of the Revised Code and shall | 1986 |
| comply with the state board's standards adopted under that | 1987 |
| division. | 1988 |
| (E) The governing authority of any community school required | 1989 |
| to establish a breakfast program under this section or that elects | 1990 |
| to participate in a breakfast program pursuant to the "National | 1991 |
| School Lunch Act" and the "Child Nutrition Act of 1966" may offer | 1992 |
| breakfast to pupils in their classrooms during the school day. | 1993 |
| (F) Notwithstanding anything in this section to the contrary, | 1994 |
| in each fiscal year in which the general assembly appropriates | 1995 |
| funds for purposes of this division, the governing authority of | 1996 |
| each community school required to establish a breakfast program | 1997 |
| under this section or that elects to participate in a breakfast | 1998 |
| program pursuant to the "National School Lunch Act" and the "Child | 1999 |
| Nutrition Act of 1966" shall provide a breakfast free of charge to | 2000 |
| each pupil who is eligible under federal requirements for a | 2001 |
| reduced price breakfast. | 2002 |
| (G) This section does not apply to internet- or | 2003 |
| computer-based community schools. | 2004 |
| Sec. 3319.076. No school district shall employ any classroom | 2005 |
| teacher on or after July 1, 2013, to provide instruction in | 2006 |
| physical education in any of grades kindergarten through twelve | 2007 |
| unless the teacher holds a valid license issued pursuant to | 2008 |
| sections 3319.22 and 3319.227 of the Revised Code for teaching | 2009 |
| physical education. | 2010 |
| Sec. 3319.227. Not later than December 31, 2010, the state | 2011 |
| board of education shall develop certification requirements for | 2012 |
| physical education teachers pursuant to section 3319.22 of the | 2013 |
| Revised Code. | 2014 |
| Sec. 3326.11. Each science, technology, engineering, and | 2015 |
| mathematics school established under this chapter and its | 2016 |
| governing body shall comply with division (A)(3) of section | 2017 |
| 3301.079 of the Revised Code and sections 9.90, 9.91, 109.65, | 2018 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 2019 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 2020 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 2021 |
| 3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 2022 |
| 3313.6015, 3313.6016, 3313.61, 3313.611, 3313.614, 3313.615, | 2023 |
| 3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, | 2024 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.674, | 2025 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, | 2026 |
| 3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, | 2027 |
| 3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, | 2028 |
| 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13, | 2029 |
| 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 2030 |
| 4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744., | 2031 |
| 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of | 2032 |
| the Revised Code as if it were a school district. | 2033 |
| Sec. 3326.13. (A) Teachers employed by a science, technology, | 2034 |
| engineering, and mathematics school shall be highly qualified | 2035 |
| teachers, as defined in section 3319.074 of the Revised Code, and | 2036 |
| shall be licensed under sections 3319.22 to 3319.31 of the | 2037 |
| Revised Code and rules of the state board of education | 2038 |
| implementing those sections. | 2039 |
| (B) No STEM school shall employ any classroom teacher on or | 2040 |
| after July 1, 2013, to provide instruction in physical education | 2041 |
| unless the teacher holds a valid license issued pursuant to | 2042 |
| sections 3319.22 and 3319.227 of the Revised Code for teaching | 2043 |
| physical education. | 2044 |
| Section 2. That existing sections 3301.079, 3301.0714, | 2045 |
| 3302.02, 3302.03, 3313.603, 3313.813, 3313.814, 3314.03, | 2046 |
| 3314.18, 3326.11, and 3326.13 of the Revised Code are hereby | 2047 |
| repealed. | 2048 |
| Section 3. The amendment or enactment by this act of | 2049 |
| sections 3313.814, 3313.816, and 3313.817 of the Revised Code and | 2050 |
| the amendments to sections 3314.03 and 3326.11 of the Revised Code | 2051 |
| that insert "3313.814, 3313.816, 3313.817," take effect the first | 2052 |
| day of July following the effective date of this section. | 2053 |
| Section 4. (A) Any school district or public or chartered | 2054 |
| nonpublic school that, prior to the effective date of this act, | 2055 |
| entered into a contract with a producer or distributor of a food | 2056 |
| or beverage that requires the sale of the food or beverage to | 2057 |
| students in violation of sections 3313.814, 3313.816, or 3313.817 | 2058 |
| of the Revised Code, as amended or enacted by this act, after the | 2059 |
| effective date of those sections shall not be required to comply | 2060 |
| with those sections until the expiration of the contract. Any | 2061 |
| renewal of that contract shall comply with those sections. | 2062 |
| (B) Any contract between a school district or public or | 2063 |
| chartered nonpublic school and a producer or distributor of a food | 2064 |
| or beverage that is entered into between the effective date of | 2065 |
| this act and the first day of July following that date shall | 2066 |
| comply with sections 3313.814, 3313.816, and 3313.817 of the | 2067 |
| Revised Code, as amended or enacted by this act, with respect to | 2068 |
| the school year beginning that first day of July and any | 2069 |
| subsequent school year covered by the contract. | 2070 |
| Section 5. Within thirty days after the effective date of | 2071 |
| this section, the Governor, the President of the Senate, and the | 2072 |
| Speaker of the House of Representatives shall appoint members to | 2073 |
| the Healthy Choices for Healthy Children Council established by | 2074 |
| section 3301.92 of the Revised Code, as enacted by this act. | 2075 |