As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 237


Representative Thompson 

Cosponsors: Representatives Becker, Hood, Lynch, Young, Adams, J., Wachtmann, Maag, Boose, Roegner, Beck, Retherford, Perales, Sprague 



A BILL
To enact section 3301.078 of the Revised Code with 1
respect to the Common Core Initiative academic 2
standards and the distribution of student 3
information.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3301.078 of the Revised Code be 5
enacted to read as follows:6

       Sec. 3301.078. (A) Notwithstanding any other provision of law 7
to the contrary, the state board of education shall not adopt, and 8
the department of education shall not implement, the academic 9
content standards for English language arts and mathematics 10
developed by the common core standards initiative. Nor shall the 11
state board use the partnership for assessment of readiness for 12
college and careers (PARCC), or any other assessments related to 13
or based on the common core standards, as any of the assessments 14
required under sections 3301.0710 and 3301.0712 of the Revised 15
Code.16

        Any actions taken to adopt or implement the common core state 17
standards as of the effective date of this section are void.18

       (B)(1) The state board of education is the sole authority for 19
adopting academic content standards for the state's public schools 20
and shall adopt academic content standards of its own choosing. No 21
official of this state, whether appointed or elected, shall join 22
on behalf of the state or a state agency any consortium, 23
association, or other entity when such membership would require 24
the state to cede any measure of control over education, including 25
academic content standards and assessments of such standards.26

       (2) The state board shall provide public notice of any 27
proposed adoption or revision of academic content standards on the 28
department of education's web site. The state board shall request 29
comments on the proposed changes from the general public, 30
including parents, teachers, experts on academic content 31
standards, representatives of political, educational, and 32
faith-based organizations, and nonpartisan policy institutes.33

       The state board shall not adopt or revise any statewide 34
academic content standards until the state board holds a public 35
hearing in each congressional district in the state. The state 36
board shall post notice of each hearing on the department's web 37
site and in a newspaper of general circulation in the respective 38
congressional district.39

       (C) No school district or school shall be required to use any 40
statewide academic standards adopted by the state board under 41
section 3301.079 of the Revised Code as a condition for approval 42
to operate or for receiving state funds.43

       (D) Notwithstanding sections 3301.0714 and 3301.94 of the 44
Revised Code, the superintendent of public instruction, the state 45
board, the department, or any other state entity that deals with 46
education shall not do any of the following:47

       (1) Expend any funds on construction, enhancement, or 48
expansion of any statewide longitudinal data system designed to 49
track students, or compile personally identifiable student 50
information, beyond what is necessary for basic administrative 51
needs, for academic evaluation of programs and student progress, 52
or for compliance with division (D)(5) of this section;53

       (2) Share any personally identifiable information of students 54
or teachers with any entity outside the state, except as provided 55
in division (D)(5) of this section. The prohibition of division 56
(D)(2) of this section does not apply to virtual, online, or hard 57
drive file storage hosted by third parties outside of the state.58

       (3) Share any personally identifiable information of students 59
or teachers with any entity that intends to use that information 60
to develop commercial products or services or that intends to 61
transfer the information to any other entity for use in developing 62
commercial products or services;63

       (4) Share any personally identifiable information of students 64
or teachers with any entity within the state, unless that entity 65
is an educational agency or an institution which the state 66
expressly prohibits, in writing, the agency or institution from 67
the following:68

       (a) Using the information to develop commercial products or 69
services or transferring the information to any other entity to 70
develop commercial products or services;71

       (b) Using the transfer of information for economic or 72
workforce development planning.73

       (5) Share any personally identifiable information of students 74
or teachers with the United States department of education, unless 75
all of the following apply:76

       (a) The sharing of information is required as a condition of 77
receiving a federal education grant. 78

       (b) The United States department of education agrees, in 79
writing, to all of the following: 80

       (i) To use the information only to evaluate the program or 81
programs funded by the grant;82

       (ii) That the information will not be used for any research 83
beyond that related to the evaluation of the program or programs 84
funded by the grant, unless the teacher or parent or guardian of 85
any student whose information will be used for the research 86
affirmatively consents to that use in writing;87

       (iii) That it will not share the information with any other 88
governmental or private entity, unless the teacher or parent or 89
guardian of any student whose information will be shared 90
affirmatively consents to that sharing in writing;91

       (iv) That it will agree to destroy the information upon 92
completion of the evaluation of the program or programs funded by 93
the grant.94

       (c) The grant or program for which the information is 95
required is authorized by federal statute or by federal rule 96
adopted under 5 U.S.C. 500 et seq.97

       (E) If the United States department of education requires as 98
a condition of a federal education grant that the grant recipient 99
provide personally identifiable information of students or 100
teachers in a way that does not comply with division (D)(5) of 101
this section, the grant recipient shall provide the teacher or 102
parent or guardian of any student whose information is required 103
with notification that includes all of the following:104

       (1) That the grant recipient has been required to turn over 105
the teacher's or student's information to the United States 106
department of education;107

       (2) That neither the grant recipient nor any other entity or 108
official within the state will have control of the use or further 109
sharing of that information;110

       (3) The contact information, including telephone number and 111
electronic mail address, of the United States department of 112
education official seeking the information.113