As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 487


Representative Brenner 



A BILL
To amend sections 133.06, 921.06, 3301.0714, 1
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 2
3313.6013, 3313.6016, 3313.90, 3314.08, 3317.03, 3
3319.22, 3319.26, 3321.03, 3321.04, 3321.07, 4
3321.08, 3321.09, 3324.07, 3326.36, 3328.24, 5
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 6
3345.06, 3365.04, 3365.041, 3365.05, 3365.06, 7
3365.08, and 3365.11; to amend, for the purpose of 8
adopting new section numbers as indicated in 9
parentheses, sections 3365.04 (3365.06), 3365.041 10
(3365.032), 3365.05 (3365.12), 3365.06 (3365.031), 11
and 3365.11 (3365.09); to enact new sections 12
3313.6015, 3365.01, 3365.02, 3365.03, 3365.04, 13
3365.05, 3365.07, 3365.10, 3365.11, and 3365.15 14
and sections 3365.071 and 3365.13; and to repeal 15
sections 3313.6015, 3345.062, 3365.01, 3365.02, 16
3365.021, 3365.022, 3365.03, 3365.07, 3365.09, 17
3365.10, 3365.12, and 3365.15 of the Revised Code 18
with regard to education provisions for students 19
in grades kindergarten through twelve.20


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

       Section 1.  That sections 133.06, 921.06, 3301.0714, 21
3301.0715, 3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, 22
3313.6016, 3313.90, 3314.08, 3317.03, 3319.22, 3319.26, 3321.03, 23
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24, 24
3331.04, 3333.041, 3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 25
3365.041, 3365.05, 3365.06, 3365.08, and 3365.11 be amended; 26
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05 27
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended 28
for the purpose of adopting new section numbers as indicated in 29
parentheses; and new sections 3313.6015, 3365.01, 3365.02, 30
3365.03, 3365.04, 3365.05, 3365.07, 3365.10, 3365.11, and 3365.15 31
and sections 3365.071 and 3365.13 of the Revised Code be enacted 32
to read as follows:33

       Sec. 133.06.  (A) A school district shall not incur, without 34
a vote of the electors, net indebtedness that exceeds an amount 35
equal to one-tenth of one per cent of its tax valuation, except as 36
provided in divisions (G) and (H) of this section and in division 37
(C) of section 3313.372 of the Revised Code, or as prescribed in 38
section 3318.052 or 3318.44 of the Revised Code, or as provided in 39
division (J) of this section.40

       (B) Except as provided in divisions (E), (F), and (I) of this 41
section, a school district shall not incur net indebtedness that 42
exceeds an amount equal to nine per cent of its tax valuation.43

       (C) A school district shall not submit to a vote of the 44
electors the question of the issuance of securities in an amount 45
that will make the district's net indebtedness after the issuance 46
of the securities exceed an amount equal to four per cent of its 47
tax valuation, unless the superintendent of public instruction, 48
acting under policies adopted by the state board of education, and 49
the tax commissioner, acting under written policies of the 50
commissioner, consent to the submission. A request for the 51
consents shall be made at least one hundred twenty days prior to 52
the election at which the question is to be submitted.53

       The superintendent of public instruction shall certify to the 54
district the superintendent's and the tax commissioner's decisions 55
within thirty days after receipt of the request for consents.56

       If the electors do not approve the issuance of securities at 57
the election for which the superintendent of public instruction 58
and tax commissioner consented to the submission of the question, 59
the school district may submit the same question to the electors 60
on the date that the next special election may be held under 61
section 3501.01 of the Revised Code without submitting a new 62
request for consent. If the school district seeks to submit the 63
same question at any other subsequent election, the district shall 64
first submit a new request for consent in accordance with this 65
division.66

       (D) In calculating the net indebtedness of a school district, 67
none of the following shall be considered:68

       (1) Securities issued to acquire school buses and other 69
equipment used in transporting pupils or issued pursuant to 70
division (D) of section 133.10 of the Revised Code;71

       (2) Securities issued under division (F) of this section, 72
under section 133.301 of the Revised Code, and, to the extent in 73
excess of the limitation stated in division (B) of this section, 74
under division (E) of this section;75

       (3) Indebtedness resulting from the dissolution of a joint 76
vocational school district under section 3311.217 of the Revised 77
Code, evidenced by outstanding securities of that joint vocational 78
school district;79

       (4) Loans, evidenced by any securities, received under 80
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;81

       (5) Debt incurred under section 3313.374 of the Revised Code;82

       (6) Debt incurred pursuant to division (B)(5) of section 83
3313.37 of the Revised Code to acquire computers and related 84
hardware;85

       (7) Debt incurred under section 3318.042 of the Revised Code.86

       (E) A school district may become a special needs district as 87
to certain securities as provided in division (E) of this section.88

       (1) A board of education, by resolution, may declare its 89
school district to be a special needs district by determining both 90
of the following:91

       (a) The student population is not being adequately serviced 92
by the existing permanent improvements of the district.93

       (b) The district cannot obtain sufficient funds by the 94
issuance of securities within the limitation of division (B) of 95
this section to provide additional or improved needed permanent 96
improvements in time to meet the needs.97

       (2) The board of education shall certify a copy of that 98
resolution to the superintendent of public instruction with a 99
statistical report showing all of the following:100

       (a) The history of and a projection of the growth of the tax 101
valuation;102

       (b) The projected needs;103

       (c) The estimated cost of permanent improvements proposed to 104
meet such projected needs.105

       (3) The superintendent of public instruction shall certify 106
the district as an approved special needs district if the 107
superintendent finds both of the following:108

       (a) The district does not have available sufficient 109
additional funds from state or federal sources to meet the 110
projected needs.111

       (b) The projection of the potential average growth of tax 112
valuation during the next five years, according to the information 113
certified to the superintendent and any other information the 114
superintendent obtains, indicates a likelihood of potential 115
average growth of tax valuation of the district during the next 116
five years of an average of not less than one and one-half per 117
cent per year. The findings and certification of the 118
superintendent shall be conclusive.119

       (4) An approved special needs district may incur net 120
indebtedness by the issuance of securities in accordance with the 121
provisions of this chapter in an amount that does not exceed an 122
amount equal to the greater of the following:123

       (a) Twelve per cent of the sum of its tax valuation plus an 124
amount that is the product of multiplying that tax valuation by 125
the percentage by which the tax valuation has increased over the 126
tax valuation on the first day of the sixtieth month preceding the 127
month in which its board determines to submit to the electors the 128
question of issuing the proposed securities;129

       (b) Twelve per cent of the sum of its tax valuation plus an 130
amount that is the product of multiplying that tax valuation by 131
the percentage, determined by the superintendent of public 132
instruction, by which that tax valuation is projected to increase 133
during the next ten years.134

       (F) A school district may issue securities for emergency 135
purposes, in a principal amount that does not exceed an amount 136
equal to three per cent of its tax valuation, as provided in this 137
division.138

       (1) A board of education, by resolution, may declare an 139
emergency if it determines both of the following:140

       (a) School buildings or other necessary school facilities in 141
the district have been wholly or partially destroyed, or condemned 142
by a constituted public authority, or that such buildings or 143
facilities are partially constructed, or so constructed or planned 144
as to require additions and improvements to them before the 145
buildings or facilities are usable for their intended purpose, or 146
that corrections to permanent improvements are necessary to remove 147
or prevent health or safety hazards.148

       (b) Existing fiscal and net indebtedness limitations make 149
adequate replacement, additions, or improvements impossible.150

       (2) Upon the declaration of an emergency, the board of 151
education may, by resolution, submit to the electors of the 152
district pursuant to section 133.18 of the Revised Code the 153
question of issuing securities for the purpose of paying the cost, 154
in excess of any insurance or condemnation proceeds received by 155
the district, of permanent improvements to respond to the 156
emergency need.157

       (3) The procedures for the election shall be as provided in 158
section 133.18 of the Revised Code, except that:159

       (a) The form of the ballot shall describe the emergency 160
existing, refer to this division as the authority under which the 161
emergency is declared, and state that the amount of the proposed 162
securities exceeds the limitations prescribed by division (B) of 163
this section;164

       (b) The resolution required by division (B) of section 133.18 165
of the Revised Code shall be certified to the county auditor and 166
the board of elections at least one hundred days prior to the 167
election;168

       (c) The county auditor shall advise and, not later than 169
ninety-five days before the election, confirm that advice by 170
certification to, the board of education of the information 171
required by division (C) of section 133.18 of the Revised Code;172

       (d) The board of education shall then certify its resolution 173
and the information required by division (D) of section 133.18 of 174
the Revised Code to the board of elections not less than ninety 175
days prior to the election.176

       (4) Notwithstanding division (B) of section 133.21 of the 177
Revised Code, the first principal payment of securities issued 178
under this division may be set at any date not later than sixty 179
months after the earliest possible principal payment otherwise 180
provided for in that division.181

       (G)(1) The board of education may contract with an architect, 182
professional engineer, or other person experienced in the design 183
and implementation of energy conservation measures for an analysis 184
and recommendations pertaining to installations, modifications of 185
installations, or remodeling that would significantly reduce 186
energy consumption in buildings owned by the district. The report 187
shall include estimates of all costs of such installations, 188
modifications, or remodeling, including costs of design, 189
engineering, installation, maintenance, repairs, measurement and 190
verification of energy savings, and debt service, forgone residual 191
value of materials or equipment replaced by the energy 192
conservation measure, as defined by the Ohio school facilities 193
commission, a baseline analysis of actual energy consumption data 194
for the preceding three years with the utility baseline based on 195
only the actual energy consumption data for the preceding twelve 196
months, and estimates of the amounts by which energy consumption 197
and resultant operational and maintenance costs, as defined by the 198
commission, would be reduced.199

       If the board finds after receiving the report that the amount 200
of money the district would spend on such installations, 201
modifications, or remodeling is not likely to exceed the amount of 202
money it would save in energy and resultant operational and 203
maintenance costs over the ensuing fifteen years, the board may 204
submit to the commission a copy of its findings and a request for 205
approval to incur indebtedness to finance the making or 206
modification of installations or the remodeling of buildings for 207
the purpose of significantly reducing energy consumption.208

        The school facilities commission, in consultation with the 209
auditor of state, may deny a request under this division by the 210
board of education any school district is in a state of fiscal 211
watch pursuant to division (A) of section 3316.03 of the Revised 212
Code, if it determines that the expenditure of funds is not in the 213
best interest of the school district.214

       No district board of education of a school district that is 215
in a state of fiscal emergency pursuant to division (B) of section 216
3316.03 of the Revised Code shall submit a request without 217
submitting evidence that the installations, modifications, or 218
remodeling have been approved by the district's financial planning 219
and supervision commission established under section 3316.05 of 220
the Revised Code.221

       No board of education of a school district that, for three or 222
more consecutive years, has been declared to be in a state of 223
academic emergency under section 3302.03 of the Revised Code, as 224
that section existed prior to March 22, 2013, and has failed to 225
meet adequate yearly progress, or has met any condition set forth 226
in division (A)(2), (3), or (4)(1)(b), (c), or (d) of section 227
3302.10 of the Revised Code shall submit a request without first 228
receiving approval to incur indebtedness from the district's 229
academic distress commission, if one has been established for the 230
district under that section, for so long as such commission 231
continues to be requiredin operation for the district.232

       (2) The school facilities commission shall approve the 233
board's request provided that the following conditions are 234
satisfied:235

       (a) The commission determines that the board's findings are 236
reasonable.237

       (b) The request for approval is complete.238

       (c) The installations, modifications, or remodeling are 239
consistent with any project to construct or acquire classroom 240
facilities, or to reconstruct or make additions to existing 241
classroom facilities under sections 3318.01 to 3318.20 or sections 242
3318.40 to 3318.45 of the Revised Code.243

       Upon receipt of the commission's approval, the district may 244
issue securities without a vote of the electors in a principal 245
amount not to exceed nine-tenths of one per cent of its tax 246
valuation for the purpose of making such installations, 247
modifications, or remodeling, but the total net indebtedness of 248
the district without a vote of the electors incurred under this 249
and all other sections of the Revised Code, except section 250
3318.052 of the Revised Code, shall not exceed one per cent of the 251
district's tax valuation.252

       (3) So long as any securities issued under this division 253
remain outstanding, the board of education shall monitor the 254
energy consumption and resultant operational and maintenance costs 255
of buildings in which installations or modifications have been 256
made or remodeling has been done pursuant to this division and. 257
Except as provided in division (G)(4) of this section, the board258
shall maintain and annually update a report in a form and manner 259
prescribed by the school facilities commission documenting the 260
reductions in energy consumption and resultant operational and 261
maintenance cost savings attributable to such installations, 262
modifications, or remodeling. The report shall be certified by an 263
architect or engineer independent of any person that provided 264
goods or services to the board in connection with the energy 265
conservation measures that are the subject of the report. The 266
resultant operational and maintenance cost savings shall be 267
certified by the school district treasurer. The report shall be 268
submitted annually to the commission.269

       (4) If the school facilities commission verifies that the 270
certified annual reports submitted to the commission by a board of 271
education under division (G)(3) of this section fulfill the 272
guarantee required under division (B) of section 3313.372 of the 273
Revised Code for three consecutive years, the board of education 274
shall no longer be subject to the annual reporting requirements of 275
division (G)(3) of this section.276

       (H) With the consent of the superintendent of public 277
instruction, a school district may incur without a vote of the 278
electors net indebtedness that exceeds the amounts stated in 279
divisions (A) and (G) of this section for the purpose of paying 280
costs of permanent improvements, if and to the extent that both of 281
the following conditions are satisfied:282

       (1) The fiscal officer of the school district estimates that 283
receipts of the school district from payments made under or 284
pursuant to agreements entered into pursuant to section 725.02, 285
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 286
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 287
Code, or distributions under division (C) of section 5709.43 of 288
the Revised Code, or any combination thereof, are, after 289
accounting for any appropriate coverage requirements, sufficient 290
in time and amount, and are committed by the proceedings, to pay 291
the debt charges on the securities issued to evidence that 292
indebtedness and payable from those receipts, and the taxing 293
authority of the district confirms the fiscal officer's estimate, 294
which confirmation is approved by the superintendent of public 295
instruction;296

       (2) The fiscal officer of the school district certifies, and 297
the taxing authority of the district confirms, that the district, 298
at the time of the certification and confirmation, reasonably 299
expects to have sufficient revenue available for the purpose of 300
operating such permanent improvements for their intended purpose 301
upon acquisition or completion thereof, and the superintendent of 302
public instruction approves the taxing authority's confirmation.303

       The maximum maturity of securities issued under division (H) 304
of this section shall be the lesser of twenty years or the maximum 305
maturity calculated under section 133.20 of the Revised Code.306

       (I) A school district may incur net indebtedness by the 307
issuance of securities in accordance with the provisions of this 308
chapter in excess of the limit specified in division (B) or (C) of 309
this section when necessary to raise the school district portion 310
of the basic project cost and any additional funds necessary to 311
participate in a project under Chapter 3318. of the Revised Code, 312
including the cost of items designated by the Ohio school 313
facilities commission as required locally funded initiatives, the 314
cost of other locally funded initiatives in an amount that does 315
not exceed fifty per cent of the district's portion of the basic 316
project cost, and the cost for site acquisition. The school 317
facilities commission shall notify the superintendent of public 318
instruction whenever a school district will exceed either limit 319
pursuant to this division.320

       (J) A school district whose portion of the basic project cost 321
of its classroom facilities project under sections 3318.01 to 322
3318.20 of the Revised Code is greater than or equal to one 323
hundred million dollars may incur without a vote of the electors 324
net indebtedness in an amount up to two per cent of its tax 325
valuation through the issuance of general obligation securities in 326
order to generate all or part of the amount of its portion of the 327
basic project cost if the controlling board has approved the 328
school facilities commission's conditional approval of the project 329
under section 3318.04 of the Revised Code. The school district 330
board and the Ohio school facilities commission shall include the 331
dedication of the proceeds of such securities in the agreement 332
entered into under section 3318.08 of the Revised Code. No state 333
moneys shall be released for a project to which this section 334
applies until the proceeds of any bonds issued under this section 335
that are dedicated for the payment of the school district portion 336
of the project are first deposited into the school district's 337
project construction fund.338

       Sec. 921.06.  (A)(1) No individual shall do any of the 339
following without having a commercial applicator license issued by 340
the director of agriculture:341

       (a) Apply pesticides for a pesticide business without direct 342
supervision;343

       (b) Apply pesticides as part of the individual's duties while 344
acting as an employee of the United States government, a state, 345
county, township, or municipal corporation, or a park district, 346
port authority, or sanitary district created under Chapter 1545., 347
4582., or 6115. of the Revised Code, respectively;348

       (c) Apply restricted use pesticides. Division (A)(1)(c) of 349
this section does not apply to a private applicator or an 350
immediate family member or a subordinate employee of a private 351
applicator who is acting under the direct supervision of that 352
private applicator.353

       (d) If the individual is the owner of a business other than a 354
pesticide business or an employee of such an owner, apply 355
pesticides at any of the following publicly accessible sites that 356
are located on the property:357

       (i) Food service operations that are licensed under Chapter 358
3717. of the Revised Code;359

       (ii) Retail food establishments that are licensed under 360
Chapter 3717. of the Revised Code;361

       (iii) Golf courses;362

       (iv) Rental properties of more than four apartment units at 363
one location;364

       (v) Hospitals or medical facilities as defined in section 365
3701.01 of the Revised Code;366

       (vi) Child day-care centers or school child day-care centers 367
as defined in section 5104.01 of the Revised Code;368

       (vii) Facilities owned or operated by a school district 369
established under Chapter 3311. of the Revised Code, including an 370
educationeducational service center, a community school 371
established under Chapter 3314. of the Revised Code, or a 372
chartered or nonchartered nonpublic school that meets minimum 373
standards established by the state board of education;374

       (viii) Colleges as defined in section 3365.01State 375
institutions of higher education as defined in section 3345.011 of 376
the Revised Code, nonprofit institutions holding a certificate of 377
authorization pursuant to Chapter 1713. of the Revised Code, 378
institutions holding a certificate of registration from the state 379
board of career colleges and schools and program authorization for 380
an associate or bachelor's degree program issued under section 381
3332.05 of the Revised Code, and private institutions exempt from 382
regulation under Chapter 3332. of the Revised Code as prescribed 383
in section 3333.046 of the Revised Code;384

       (ix) Food processing establishments as defined in section 385
3715.021 of the Revised Code;386

       (x) Any other site designated by rule.387

       (e) Conduct authorized diagnostic inspections.388

       (2) Divisions (A)(1)(a) to (d) of this section do not apply 389
to an individual who is acting as a trained serviceperson under 390
the direct supervision of a commercial applicator.391

       (3) Licenses shall be issued for a period of time established 392
by rule and shall be renewed in accordance with deadlines 393
established by rule. The fee for each such license shall be 394
established by rule. If a license is not issued or renewed, the 395
application fee shall be retained by the state as payment for the 396
reasonable expense of processing the application. The director 397
shall by rule classify by pesticide-use category licenses to be 398
issued under this section. A single license may include more than 399
one pesticide-use category. No individual shall be required to pay 400
an additional license fee if the individual is licensed for more 401
than one category.402

       The fee for each license or renewal does not apply to an 403
applicant who is an employee of the department of agriculture 404
whose job duties require licensure as a commercial applicator as a 405
condition of employment.406

       (B) Application for a commercial applicator license shall be 407
made on a form prescribed by the director. Each application for a 408
license shall state the pesticide-use category or categories of 409
license for which the applicant is applying and other information 410
that the director determines essential to the administration of 411
this chapter.412

       (C) If the director finds that the applicant is competent to 413
apply pesticides and conduct diagnostic inspections and that the 414
applicant has passed both the general examination and each 415
applicable pesticide-use category examination as required under 416
division (A) of section 921.12 of the Revised Code, the director 417
shall issue a commercial applicator license limited to the 418
pesticide-use category or categories for which the applicant is 419
found to be competent. If the director rejects an application, the 420
director may explain why the application was rejected, describe 421
the additional requirements necessary for the applicant to obtain 422
a license, and return the application. The applicant may resubmit 423
the application without payment of any additional fee.424

       (D)(1) A person who is a commercial applicator shall be 425
deemed to hold a private applicator's license for purposes of 426
applying pesticides on agricultural commodities that are produced 427
by the commercial applicator.428

       (2) A commercial applicator shall apply pesticides only in 429
the pesticide-use category or categories in which the applicator 430
is licensed under this chapter.431

       (E) All money collected under this section shall be credited 432
to the pesticide, fertilizer, and lime program fund created in 433
section 921.22 of the Revised Code.434

       Sec. 3301.0714.  (A) The state board of education shall adopt 435
rules for a statewide education management information system. The 436
rules shall require the state board to establish guidelines for 437
the establishment and maintenance of the system in accordance with 438
this section and the rules adopted under this section. The 439
guidelines shall include:440

       (1) Standards identifying and defining the types of data in 441
the system in accordance with divisions (B) and (C) of this 442
section;443

       (2) Procedures for annually collecting and reporting the data 444
to the state board in accordance with division (D) of this 445
section;446

       (3) Procedures for annually compiling the data in accordance 447
with division (G) of this section;448

       (4) Procedures for annually reporting the data to the public 449
in accordance with division (H) of this section.450

       (B) The guidelines adopted under this section shall require 451
the data maintained in the education management information system 452
to include at least the following:453

       (1) Student participation and performance data, for each 454
grade in each school district as a whole and for each grade in 455
each school building in each school district, that includes:456

       (a) The numbers of students receiving each category of 457
instructional service offered by the school district, such as 458
regular education instruction, vocational education instruction, 459
specialized instruction programs or enrichment instruction that is 460
part of the educational curriculum, instruction for gifted 461
students, instruction for students with disabilities, and remedial 462
instruction. The guidelines shall require instructional services 463
under this division to be divided into discrete categories if an 464
instructional service is limited to a specific subject, a specific 465
type of student, or both, such as regular instructional services 466
in mathematics, remedial reading instructional services, 467
instructional services specifically for students gifted in 468
mathematics or some other subject area, or instructional services 469
for students with a specific type of disability. The categories of 470
instructional services required by the guidelines under this 471
division shall be the same as the categories of instructional 472
services used in determining cost units pursuant to division 473
(C)(3) of this section.474

       (b) The numbers of students receiving support or 475
extracurricular services for each of the support services or 476
extracurricular programs offered by the school district, such as 477
counseling services, health services, and extracurricular sports 478
and fine arts programs. The categories of services required by the 479
guidelines under this division shall be the same as the categories 480
of services used in determining cost units pursuant to division 481
(C)(4)(a) of this section.482

       (c) Average student grades in each subject in grades nine 483
through twelve;484

       (d) Academic achievement levels as assessed under sections 485
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;486

       (e) The number of students designated as having a disabling 487
condition pursuant to division (C)(1) of section 3301.0711 of the 488
Revised Code;489

       (f) The numbers of students reported to the state board 490
pursuant to division (C)(2) of section 3301.0711 of the Revised 491
Code;492

       (g) Attendance rates and the average daily attendance for the 493
year. For purposes of this division, a student shall be counted as 494
present for any field trip that is approved by the school 495
administration.496

       (h) Expulsion rates;497

       (i) Suspension rates;498

       (j) Dropout rates;499

       (k) Rates of retention in grade;500

       (l) For pupils in grades nine through twelve, the average 501
number of carnegie units, as calculated in accordance with state 502
board of education rules;503

       (m) Graduation rates, to be calculated in a manner specified 504
by the department of education that reflects the rate at which 505
students who were in the ninth grade three years prior to the 506
current year complete school and that is consistent with 507
nationally accepted reporting requirements;508

       (n) Results of diagnostic assessments administered to 509
kindergarten students as required under section 3301.0715 of the 510
Revised Code to permit a comparison of the academic readiness of 511
kindergarten students. However, no district shall be required to 512
report to the department the results of any diagnostic assessment 513
administered to a kindergarten student, except for the language 514
and reading assessment described in division (A)(2) of section 515
3301.0715 of the Revised Code, if the parent of that student 516
requests the district not to report those results.517

       (2) Personnel and classroom enrollment data for each school 518
district, including:519

       (a) The total numbers of licensed employees and nonlicensed 520
employees and the numbers of full-time equivalent licensed 521
employees and nonlicensed employees providing each category of 522
instructional service, instructional support service, and 523
administrative support service used pursuant to division (C)(3) of 524
this section. The guidelines adopted under this section shall 525
require these categories of data to be maintained for the school 526
district as a whole and, wherever applicable, for each grade in 527
the school district as a whole, for each school building as a 528
whole, and for each grade in each school building.529

       (b) The total number of employees and the number of full-time 530
equivalent employees providing each category of service used 531
pursuant to divisions (C)(4)(a) and (b) of this section, and the 532
total numbers of licensed employees and nonlicensed employees and 533
the numbers of full-time equivalent licensed employees and 534
nonlicensed employees providing each category used pursuant to 535
division (C)(4)(c) of this section. The guidelines adopted under 536
this section shall require these categories of data to be 537
maintained for the school district as a whole and, wherever 538
applicable, for each grade in the school district as a whole, for 539
each school building as a whole, and for each grade in each school 540
building.541

       (c) The total number of regular classroom teachers teaching 542
classes of regular education and the average number of pupils 543
enrolled in each such class, in each of grades kindergarten 544
through five in the district as a whole and in each school 545
building in the school district.546

       (d) The number of lead teachers employed by each school 547
district and each school building.548

       (3)(a) Student demographic data for each school district, 549
including information regarding the gender ratio of the school 550
district's pupils, the racial make-up of the school district's 551
pupils, the number of limited English proficient students in the 552
district, and an appropriate measure of the number of the school 553
district's pupils who reside in economically disadvantaged 554
households. The demographic data shall be collected in a manner to 555
allow correlation with data collected under division (B)(1) of 556
this section. Categories for data collected pursuant to division 557
(B)(3) of this section shall conform, where appropriate, to 558
standard practices of agencies of the federal government.559

       (b) With respect to each student entering kindergarten, 560
whether the student previously participated in a public preschool 561
program, a private preschool program, or a head start program, and 562
the number of years the student participated in each of these 563
programs.564

       (4) Any data required to be collected pursuant to federal 565
law.566

       (C) The education management information system shall include 567
cost accounting data for each district as a whole and for each 568
school building in each school district. The guidelines adopted 569
under this section shall require the cost data for each school 570
district to be maintained in a system of mutually exclusive cost 571
units and shall require all of the costs of each school district 572
to be divided among the cost units. The guidelines shall require 573
the system of mutually exclusive cost units to include at least 574
the following:575

       (1) Administrative costs for the school district as a whole. 576
The guidelines shall require the cost units under this division 577
(C)(1) to be designed so that each of them may be compiled and 578
reported in terms of average expenditure per pupil in formula ADM 579
in the school district, as determined pursuant to section 3317.03 580
of the Revised Code.581

       (2) Administrative costs for each school building in the 582
school district. The guidelines shall require the cost units under 583
this division (C)(2) to be designed so that each of them may be 584
compiled and reported in terms of average expenditure per 585
full-time equivalent pupil receiving instructional or support 586
services in each building.587

       (3) Instructional services costs for each category of 588
instructional service provided directly to students and required 589
by guidelines adopted pursuant to division (B)(1)(a) of this 590
section. The guidelines shall require the cost units under 591
division (C)(3) of this section to be designed so that each of 592
them may be compiled and reported in terms of average expenditure 593
per pupil receiving the service in the school district as a whole 594
and average expenditure per pupil receiving the service in each 595
building in the school district and in terms of a total cost for 596
each category of service and, as a breakdown of the total cost, a 597
cost for each of the following components:598

       (a) The cost of each instructional services category required 599
by guidelines adopted under division (B)(1)(a) of this section 600
that is provided directly to students by a classroom teacher;601

       (b) The cost of the instructional support services, such as 602
services provided by a speech-language pathologist, classroom 603
aide, multimedia aide, or librarian, provided directly to students 604
in conjunction with each instructional services category;605

       (c) The cost of the administrative support services related 606
to each instructional services category, such as the cost of 607
personnel that develop the curriculum for the instructional 608
services category and the cost of personnel supervising or 609
coordinating the delivery of the instructional services category.610

       (4) Support or extracurricular services costs for each 611
category of service directly provided to students and required by 612
guidelines adopted pursuant to division (B)(1)(b) of this section. 613
The guidelines shall require the cost units under division (C)(4) 614
of this section to be designed so that each of them may be 615
compiled and reported in terms of average expenditure per pupil 616
receiving the service in the school district as a whole and 617
average expenditure per pupil receiving the service in each 618
building in the school district and in terms of a total cost for 619
each category of service and, as a breakdown of the total cost, a 620
cost for each of the following components:621

       (a) The cost of each support or extracurricular services 622
category required by guidelines adopted under division (B)(1)(b) 623
of this section that is provided directly to students by a 624
licensed employee, such as services provided by a guidance 625
counselor or any services provided by a licensed employee under a 626
supplemental contract;627

       (b) The cost of each such services category provided directly 628
to students by a nonlicensed employee, such as janitorial 629
services, cafeteria services, or services of a sports trainer;630

       (c) The cost of the administrative services related to each 631
services category in division (C)(4)(a) or (b) of this section, 632
such as the cost of any licensed or nonlicensed employees that 633
develop, supervise, coordinate, or otherwise are involved in 634
administering or aiding the delivery of each services category.635

       (D)(1) The guidelines adopted under this section shall 636
require school districts to collect information about individual 637
students, staff members, or both in connection with any data 638
required by division (B) or (C) of this section or other reporting 639
requirements established in the Revised Code. The guidelines may 640
also require school districts to report information about 641
individual staff members in connection with any data required by 642
division (B) or (C) of this section or other reporting 643
requirements established in the Revised Code. The guidelines shall 644
not authorize school districts to request social security numbers 645
of individual students. The guidelines shall prohibit the 646
reporting under this section of a student's name, address, and 647
social security number to the state board of education or the 648
department of education. The guidelines shall also prohibit the 649
reporting under this section of any personally identifiable 650
information about any student, except for the purpose of assigning 651
the data verification code required by division (D)(2) of this 652
section, to any other person unless such person is employed by the 653
school district or the information technology center operated 654
under section 3301.075 of the Revised Code and is authorized by 655
the district or technology center to have access to such 656
information or is employed by an entity with which the department 657
contracts for the scoring or the development of state assessments. 658
The guidelines may require school districts to provide the social 659
security numbers of individual staff members and the county of 660
residence for a student. Nothing in this section prohibits the 661
state board of education or department of education from providing 662
a student's county of residence to the department of taxation to 663
facilitate the distribution of tax revenue.664

       (2)(a) The guidelines shall provide for each school district 665
or community school to assign a data verification code that is 666
unique on a statewide basis over time to each student whose 667
initial Ohio enrollment is in that district or school and to 668
report all required individual student data for that student 669
utilizing such code. The guidelines shall also provide for 670
assigning data verification codes to all students enrolled in 671
districts or community schools on the effective date of the 672
guidelines established under this section. The assignment of data 673
verification codes for other entities, as described in division 674
(D)(2)(c) of this section, the use of those codes, and the 675
reporting and use of associated individual student data shall be 676
coordinated by the department in accordance with state and federal 677
law.678

        School districts shall report individual student data to the 679
department through the information technology centers utilizing 680
the code. The entities described in division (D)(2)(c) of this 681
section shall report individual student data to the department in 682
the manner prescribed by the department.683

        Except as provided in sections 3301.941, 3310.11, 3310.42, 684
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 685
shall the state board or the department have access to information 686
that would enable any data verification code to be matched to 687
personally identifiable student data.688

       (b) Each school district and community school shall ensure 689
that the data verification code is included in the student's 690
records reported to any subsequent school district, community 691
school, or state institution of higher education, as defined in 692
section 3345.011 of the Revised Code, in which the student 693
enrolls. Any such subsequent district or school shall utilize the 694
same identifier in its reporting of data under this section.695

       (c) The director of any state agency that administers a 696
publicly funded program providing services to children who are 697
younger than compulsory school age, as defined in section 3321.01 698
of the Revised Code, including the directors of health, job and 699
family services, mental health and addiction services, and 700
developmental disabilities, shall request and receive, pursuant to 701
sections 3301.0723 and 3701.62 of the Revised Code, a data 702
verification code for a child who is receiving those services. 703

       (E) The guidelines adopted under this section may require 704
school districts to collect and report data, information, or 705
reports other than that described in divisions (A), (B), and (C) 706
of this section for the purpose of complying with other reporting 707
requirements established in the Revised Code. The other data, 708
information, or reports may be maintained in the education 709
management information system but are not required to be compiled 710
as part of the profile formats required under division (G) of this 711
section or the annual statewide report required under division (H) 712
of this section.713

       (F) Beginning with the school year that begins July 1, 1991, 714
the board of education of each school district shall annually 715
collect and report to the state board, in accordance with the 716
guidelines established by the board, the data required pursuant to 717
this section. A school district may collect and report these data 718
notwithstanding section 2151.357 or 3319.321 of the Revised Code.719

       (G) The state board shall, in accordance with the procedures 720
it adopts, annually compile the data reported by each school 721
district pursuant to division (D) of this section. The state board 722
shall design formats for profiling each school district as a whole 723
and each school building within each district and shall compile 724
the data in accordance with these formats. These profile formats 725
shall:726

       (1) Include all of the data gathered under this section in a 727
manner that facilitates comparison among school districts and 728
among school buildings within each school district;729

       (2) Present the data on academic achievement levels as 730
assessed by the testing of student achievement maintained pursuant 731
to division (B)(1)(d) of this section.732

       (H)(1) The state board shall, in accordance with the 733
procedures it adopts, annually prepare a statewide report for all 734
school districts and the general public that includes the profile 735
of each of the school districts developed pursuant to division (G) 736
of this section. Copies of the report shall be sent to each school 737
district.738

       (2) The state board shall, in accordance with the procedures 739
it adopts, annually prepare an individual report for each school 740
district and the general public that includes the profiles of each 741
of the school buildings in that school district developed pursuant 742
to division (G) of this section. Copies of the report shall be 743
sent to the superintendent of the district and to each member of 744
the district board of education.745

       (3) Copies of the reports received from the state board under 746
divisions (H)(1) and (2) of this section shall be made available 747
to the general public at each school district's offices. Each 748
district board of education shall make copies of each report 749
available to any person upon request and payment of a reasonable 750
fee for the cost of reproducing the report. The board shall 751
annually publish in a newspaper of general circulation in the 752
school district, at least twice during the two weeks prior to the 753
week in which the reports will first be available, a notice 754
containing the address where the reports are available and the 755
date on which the reports will be available.756

       (I) Any data that is collected or maintained pursuant to this 757
section and that identifies an individual pupil is not a public 758
record for the purposes of section 149.43 of the Revised Code.759

       (J) As used in this section:760

       (1) "School district" means any city, local, exempted 761
village, or joint vocational school district and, in accordance 762
with section 3314.17 of the Revised Code, any community school. As 763
used in division (L) of this section, "school district" also 764
includes any educational service center or other educational 765
entity required to submit data using the system established under 766
this section.767

       (2) "Cost" means any expenditure for operating expenses made 768
by a school district excluding any expenditures for debt 769
retirement except for payments made to any commercial lending 770
institution for any loan approved pursuant to section 3313.483 of 771
the Revised Code.772

       (K) Any person who removes data from the information system 773
established under this section for the purpose of releasing it to 774
any person not entitled under law to have access to such 775
information is subject to section 2913.42 of the Revised Code 776
prohibiting tampering with data.777

       (L)(1) In accordance with division (L)(2) of this section and 778
the rules adopted under division (L)(10) of this section, the 779
department of education may sanction any school district that 780
reports incomplete or inaccurate data, reports data that does not 781
conform to data requirements and descriptions published by the 782
department, fails to report data in a timely manner, or otherwise 783
does not make a good faith effort to report data as required by 784
this section.785

       (2) If the department decides to sanction a school district 786
under this division, the department shall take the following 787
sequential actions:788

       (a) Notify the district in writing that the department has 789
determined that data has not been reported as required under this 790
section and require the district to review its data submission and 791
submit corrected data by a deadline established by the department. 792
The department also may require the district to develop a 793
corrective action plan, which shall include provisions for the 794
district to provide mandatory staff training on data reporting 795
procedures.796

       (b) Withhold up to ten per cent of the total amount of state 797
funds due to the district for the current fiscal year and, if not 798
previously required under division (L)(2)(a) of this section, 799
require the district to develop a corrective action plan in 800
accordance with that division;801

       (c) Withhold an additional amount of up to twenty per cent of 802
the total amount of state funds due to the district for the 803
current fiscal year;804

       (d) Direct department staff or an outside entity to 805
investigate the district's data reporting practices and make 806
recommendations for subsequent actions. The recommendations may 807
include one or more of the following actions:808

       (i) Arrange for an audit of the district's data reporting 809
practices by department staff or an outside entity;810

       (ii) Conduct a site visit and evaluation of the district;811

       (iii) Withhold an additional amount of up to thirty per cent 812
of the total amount of state funds due to the district for the 813
current fiscal year;814

       (iv) Continue monitoring the district's data reporting;815

       (v) Assign department staff to supervise the district's data 816
management system;817

       (vi) Conduct an investigation to determine whether to suspend 818
or revoke the license of any district employee in accordance with 819
division (N) of this section;820

       (vii) If the district is issued a report card under section 821
3302.03 of the Revised Code, indicate on the report card that the 822
district has been sanctioned for failing to report data as 823
required by this section;824

       (viii) If the district is issued a report card under section 825
3302.03 of the Revised Code and incomplete or inaccurate data 826
submitted by the district likely caused the district to receive a 827
higher performance rating than it deserved under that section, 828
issue a revised report card for the district;829

       (ix) Any other action designed to correct the district's data 830
reporting problems.831

       (3) Any time the department takes an action against a school 832
district under division (L)(2) of this section, the department 833
shall make a report of the circumstances that prompted the action. 834
The department shall send a copy of the report to the district 835
superintendent or chief administrator and maintain a copy of the 836
report in its files.837

       (4) If any action taken under division (L)(2) of this section 838
resolves a school district's data reporting problems to the 839
department's satisfaction, the department shall not take any 840
further actions described by that division. If the department 841
withheld funds from the district under that division, the 842
department may release those funds to the district, except that if 843
the department withheld funding under division (L)(2)(c) of this 844
section, the department shall not release the funds withheld under 845
division (L)(2)(b) of this section and, if the department withheld 846
funding under division (L)(2)(d) of this section, the department 847
shall not release the funds withheld under division (L)(2)(b) or 848
(c) of this section.849

       (5) Notwithstanding anything in this section to the contrary, 850
the department may use its own staff or an outside entity to 851
conduct an audit of a school district's data reporting practices 852
any time the department has reason to believe the district has not 853
made a good faith effort to report data as required by this 854
section. If any audit conducted by an outside entity under 855
division (L)(2)(d)(i) or (5) of this section confirms that a 856
district has not made a good faith effort to report data as 857
required by this section, the district shall reimburse the 858
department for the full cost of the audit. The department may 859
withhold state funds due to the district for this purpose.860

       (6) Prior to issuing a revised report card for a school 861
district under division (L)(2)(d)(viii) of this section, the 862
department may hold a hearing to provide the district with an 863
opportunity to demonstrate that it made a good faith effort to 864
report data as required by this section. The hearing shall be 865
conducted by a referee appointed by the department. Based on the 866
information provided in the hearing, the referee shall recommend 867
whether the department should issue a revised report card for the 868
district. If the referee affirms the department's contention that 869
the district did not make a good faith effort to report data as 870
required by this section, the district shall bear the full cost of 871
conducting the hearing and of issuing any revised report card.872

       (7) If the department determines that any inaccurate data 873
reported under this section caused a school district to receive 874
excess state funds in any fiscal year, the district shall 875
reimburse the department an amount equal to the excess funds, in 876
accordance with a payment schedule determined by the department. 877
The department may withhold state funds due to the district for 878
this purpose.879

       (8) Any school district that has funds withheld under 880
division (L)(2) of this section may appeal the withholding in 881
accordance with Chapter 119. of the Revised Code.882

       (9) In all cases of a disagreement between the department and 883
a school district regarding the appropriateness of an action taken 884
under division (L)(2) of this section, the burden of proof shall 885
be on the district to demonstrate that it made a good faith effort 886
to report data as required by this section.887

       (10) The state board of education shall adopt rules under 888
Chapter 119. of the Revised Code to implement division (L) of this 889
section.890

       (M) No information technology center or school district shall 891
acquire, change, or update its student administration software 892
package to manage and report data required to be reported to the 893
department unless it converts to a student software package that 894
is certified by the department.895

       (N) The state board of education, in accordance with sections 896
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 897
license as defined under division (A) of section 3319.31 of the 898
Revised Code that has been issued to any school district employee 899
found to have willfully reported erroneous, inaccurate, or 900
incomplete data to the education management information system.901

       (O) No person shall release or maintain any information about 902
any student in violation of this section. Whoever violates this 903
division is guilty of a misdemeanor of the fourth degree.904

       (P) The department shall disaggregate the data collected 905
under division (B)(1)(n) of this section according to the race and 906
socioeconomic status of the students assessed. No data collected 907
under that division shall be included on the report cards required 908
by section 3302.03 of the Revised Code.909

       (Q) If the department cannot compile any of the information 910
required by division (H) of section 3302.03 of the Revised Code 911
based upon the data collected under this section, the department 912
shall develop a plan and a reasonable timeline for the collection 913
of any data necessary to comply with that division.914

       Sec. 3301.0715.  (A) Except as otherwise required under 915
division (B)(1) of section 3313.608 of the Revised Code, the board 916
of education of each city, local, and exempted village school 917
district shall administer each applicable diagnostic assessment 918
developed and provided to the district in accordance with section 919
3301.079 of the Revised Code to the following:920

       (1) Any student who transfers into the district or to a 921
different school within the district if each applicable diagnostic 922
assessment was not administered by the district or school the 923
student previously attended in the current school year, within 924
thirty days after the date of transfer. If the district or school 925
into which the student transfers cannot determine whether the 926
student has taken any applicable diagnostic assessment in the 927
current school year, the district or school may administer the 928
diagnostic assessment to the student. However, if a student 929
transfers into the district prior to the administration of the 930
diagnostic assessments to all students under division (B) of this 931
section, the district may administer the diagnostic assessments to 932
that student on the date or dates determined under that division.933

       (2)(a) Prior to July 1, 2014, each kindergarten student, not 934
earlier than four weeks prior to the first day of school and not 935
later than the first day of October.936

       (b) Beginning July 1, 2014, eachEach kindergarten student, 937
not earlier than the first day of the school year and not later 938
than the first day of November, except that the language and 939
reading skills portion of the assessment shall be administered by 940
the thirtieth day of September to fulfill the requirements of 941
division (B) of section 3313.608 of the Revised Code.942

       For the purpose of division (A)(2) of this section, the 943
district shall administer the kindergarten readiness assessment 944
provided by the department of education. In no case shall the 945
results of the readiness assessment be used to prohibit a student 946
from enrolling in kindergarten.947

       (3) Each student enrolled in first, second, or third grade.948

       Division (A) of this section does not apply to students with 949
significant cognitive disabilities, as defined by the department 950
of education.951

       (B) Each district board shall administer each diagnostic 952
assessment when the board deems appropriate, provided the 953
administration complies with section 3313.608 of the Revised Code. 954
However, the board shall administer any diagnostic assessment at 955
least once annually to all students in the appropriate grade 956
level. A district board may administer any diagnostic assessment 957
in the fall and spring of a school year to measure the amount of 958
academic growth attributable to the instruction received by 959
students during that school year.960

       (C) Any district that received an excellent or effective 961
ratinga grade of "A" or "B" for the performance index score under 962
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of 963
the Revised Code or for the value-added progress dimension under 964
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of 965
the Revised Code for the immediately preceding school year, 966
pursuant to section 3302.03 of the Revised Code as it existed 967
prior to March 22, 2013, or the equivalent of such rating as 968
determined by the department of education, may use different 969
diagnostic assessments from those adopted under division (D) of 970
section 3301.079 of the Revised Code in order to satisfy the 971
requirements of division (A)(2)(3) of this section.972

       (D) Each district board shall utilize and score any 973
diagnostic assessment administered under division (A) of this 974
section in accordance with rules established by the department. 975
After the administration of any diagnostic assessment, each 976
district shall provide a student's completed diagnostic 977
assessment, the results of such assessment, and any other 978
accompanying documents used during the administration of the 979
assessment to the parent of that student, and shall include all 980
such documents and information in any plan developed for the 981
student under division (C) of section 3313.608 of the Revised 982
Code. Each district shall submit to the department, in the manner 983
the department prescribes, the results of the diagnostic 984
assessments administered under this section, regardless of the 985
type of assessment used under section 3313.608 of the Revised 986
Code. The department may issue reports with respect to the data 987
collected. The department may report school and district level 988
kindergarten diagnostic assessment data and use diagnostic 989
assessment data to calculate the measure prescribed by divisions 990
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.991

       (E) Each district board shall provide intervention services 992
to students whose diagnostic assessments show that they are 993
failing to make satisfactory progress toward attaining the 994
academic standards for their grade level.995

       Sec. 3302.03.  Annually, not later than the fifteenth day of 996
September or the preceding Friday when that day falls on a 997
Saturday or Sunday, the department of education shall assign a 998
letter grade for overall academic performance and for each 999
separate performance measure for each school district, and each 1000
school building in a district, in accordance with this section. 1001
The state board shall adopt rules pursuant to Chapter 119. of the 1002
Revised Code to establish performance criteria for each letter 1003
grade and prescribe a method by which the department assigns each 1004
letter grade. For a school building to which any of the 1005
performance measures do not apply, due to grade levels served by 1006
the building, the state board shall designate the performance 1007
measures that are applicable to the building and that must be 1008
calculated separately and used to calculate the building's overall 1009
grade. The department shall issue annual report cards reflecting 1010
the performance of each school district, each building within each 1011
district, and for the state as a whole using the performance 1012
measures and letter grade system described in this section. The 1013
department shall include on the report card for each district and 1014
each building within each district the most recent two-year trend 1015
data in student achievement for each subject and each grade.1016

       (A)(1) For the 2012-2013 school year, the department shall 1017
issue grades as described in division (E) of this section for each 1018
of the following performance measures:1019

       (a) Annual measurable objectives; 1020

       (b) Performance index score for a school district or 1021
building. Grades shall be awarded as a percentage of the total 1022
possible points on the performance index system as adopted by the 1023
state board. In adopting benchmarks for assigning letter grades 1024
under division (A)(1)(b) of this section, the state board of 1025
education shall designate ninety per cent or higher for an "A," at 1026
least seventy per cent but not more than eighty per cent for a 1027
"C," and less than fifty per cent for an "F."1028

       (c) The extent to which the school district or building meets 1029
each of the applicable performance indicators established by the 1030
state board under section 3302.02 of the Revised Code and the 1031
percentage of applicable performance indicators that have been 1032
achieved. In adopting benchmarks for assigning letter grades under 1033
division (A)(1)(c) of this section, the state board shall 1034
designate ninety per cent or higher for an "A."1035

       (d) The four- and five-year adjusted cohort graduation rates.1036

        In adopting benchmarks for assigning letter grades under 1037
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 1038
department shall designate a four-year adjusted cohort graduation 1039
rate of ninety-three per cent or higher for an "A" and a five-year 1040
cohort graduation rate of ninety-five per cent or higher for an 1041
"A."1042

       (e) The overall score under the value-added progress 1043
dimension of a school district or building, for which the 1044
department shall use up to three years of value-added data as 1045
available. The letter grade assigned for this growth measure shall 1046
be as follows:1047

       (i) A score that is at least two standard errors of measure 1048
above the mean score shall be designated as an "A."1049

       (ii) A score that is at least one standard error of measure 1050
but less than two standard errors of measure above the mean score 1051
shall be designated as a "B."1052

       (iii) A score that is less than one standard error of measure 1053
above the mean score but greater than or equal to one standard 1054
error of measure below the mean score shall be designated as a 1055
"C."1056

       (iv) A score that is not greater than one standard error of 1057
measure below the mean score but is greater than or equal to two 1058
standard errors of measure below the mean score shall be 1059
designated as a "D."1060

       (v) A score that is not greater than two standard errors of 1061
measure below the mean score shall be designated as an "F."1062

       Whenever the value-added progress dimension is used as a 1063
graded performance measure, whether as an overall measure or as a 1064
measure of separate subgroups, the grades for the measure shall be 1065
calculated in the same manner as prescribed in division (A)(1)(e) 1066
of this section.1067

       (f) The value-added progress dimension score for a school 1068
district or building disaggregated for each of the following 1069
subgroups: students identified as gifted, students with 1070
disabilities, and students whose performance places them in the 1071
lowest quintile for achievement on a statewide basis. Each 1072
subgroup shall be a separate graded measure.1073

       (2) Not later than April 30, 2013, the state board of 1074
education shall adopt a resolution describing the performance 1075
measures, benchmarks, and grading system for the 2012-2013 school 1076
year and, not later than June 30, 2013, shall adopt rules in 1077
accordance with Chapter 119. of the Revised Code that prescribe 1078
the methods by which the performance measures under division 1079
(A)(1) of this section shall be assessed and assigned a letter 1080
grade, including performance benchmarks for each letter grade.1081

       At least forty-five days prior to the state board's adoption 1082
of rules to prescribe the methods by which the performance 1083
measures under division (A)(1) of this section shall be assessed 1084
and assigned a letter grade, the department shall conduct a public 1085
presentation before the standing committees of the house of 1086
representatives and the senate that consider education legislation 1087
describing such methods, including performance benchmarks.1088

       (3) There shall not be an overall letter grade for a school 1089
district or building for the 2012-2013 school year.1090

       (B)(1) For the 2013-2014 school year, the department shall 1091
issue grades as described in division (E) of this section for each 1092
of the following performance measures:1093

       (a) Annual measurable objectives; 1094

       (b) Performance index score for a school district or 1095
building. Grades shall be awarded as a percentage of the total 1096
possible points on the performance index system as created by the 1097
department. In adopting benchmarks for assigning letter grades 1098
under division (B)(1)(b) of this section, the state board shall 1099
designate ninety per cent or higher for an "A," at least seventy 1100
per cent but not more than eighty per cent for a "C," and less 1101
than fifty per cent for an "F."1102

       (c) The extent to which the school district or building meets 1103
each of the applicable performance indicators established by the 1104
state board under section 3302.03 of the Revised Code and the 1105
percentage of applicable performance indicators that have been 1106
achieved. In adopting benchmarks for assigning letter grades under 1107
division (B)(1)(c) of this section, the state board shall 1108
designate ninety per cent or higher for an "A."1109

       (d) The four- and five-year adjusted cohort graduation rates;1110

       (e) The overall score under the value-added progress 1111
dimension of a school district or building, for which the 1112
department shall use up to three years of value-added data as 1113
available.1114

       (f) The value-added progress dimension score for a school 1115
district or building disaggregated for each of the following 1116
subgroups: students identified as gifted in superior cognitive 1117
ability and specific academic ability fields under Chapter 3324. 1118
of the Revised Code, students with disabilities, and students 1119
whose performance places them in the lowest quintile for 1120
achievement on a statewide basis. Each subgroup shall be a 1121
separate graded measure.1122

       (g) Whether a school district or building is making progress 1123
in improving literacy in grades kindergarten through three, as 1124
determined using a method prescribed by the state board. The state 1125
board shall adopt rules to prescribe benchmarks and standards for 1126
assigning grades to districts and buildings for purposes of 1127
division (B)(1)(g) of this section. In adopting benchmarks for 1128
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 1129
this section, the state board shall determine progress made based 1130
on the reduction in the percentage of students scoring below grade 1131
level, or below proficient, compared from year to year on the 1132
reading and writing diagnostic assessments administered under 1133
section 3301.0715 of the Revised Code and the third grade English 1134
language arts assessment under section 3301.0710 of the Revised 1135
Code, as applicable. The state board shall designate for a "C" 1136
grade a value that is not lower than the statewide average value 1137
for this measure. No grade shall be issued under divisions 1138
(B)(1)(g) and (C)(1)(g) of this section for a district or building 1139
in which less than five per cent of students have scored below 1140
grade level on the diagnostic assessment administered to students 1141
in kindergarten under division (B)(1) of section 3313.608 of the 1142
Revised Code.1143

       (2) In addition to the graded measures in division (B)(1) of 1144
this section, the department shall include on a school district's 1145
or building's report card all of the following without an assigned 1146
letter grade:1147

       (a) The percentage of students enrolled in a district or 1148
building participating in advanced placement classes and the 1149
percentage of those students who received a score of three or 1150
better on advanced placement examinations;1151

        (b) The number of a district's or building's students who 1152
have earned at least three college credits through dual enrollment 1153
or advanced standing programs, such as the post-secondary 1154
enrollment options program under Chapter 3365. of the Revised Code 1155
and state-approved career-technical courses offered through dual 1156
enrollment or statewide articulation, that appear on a student's 1157
transcript or other official document, either of which is issued 1158
by the institution of higher education from which the student 1159
earned the college credit. The credits earned that are reported 1160
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1161
include any that are remedial or developmental and shall include 1162
those that count toward the curriculum requirements established 1163
for completion of a degree.1164

       (c) The percentage of students enrolled in a district or 1165
building who have taken a national standardized test used for 1166
college admission determinations and the percentage of those 1167
students who are determined to be remediation-free in accordance 1168
with standards adopted under division (F) of section 3345.061 of 1169
the Revised Code;1170

        (d) The percentage of the district's or the building's 1171
students who receive industry credentials. The state board shall 1172
adopt criteria for acceptable industry credentials.1173

        (e) The percentage of students enrolled in a district or 1174
building who are participating in an international baccalaureate 1175
program and the percentage of those students who receive a score 1176
of four or better on the international baccalaureate examinations.1177

        (f) The percentage of the district's or building's students 1178
who receive an honors diploma under division (B) of section 1179
3313.61 of the Revised Code.1180

       (3) Not later than December 31, 2013, the state board shall 1181
adopt rules in accordance with Chapter 119. of the Revised Code 1182
that prescribe the methods by which the performance measures under 1183
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 1184
and assigned a letter grade, including performance benchmarks for 1185
each grade.1186

       At least forty-five days prior to the state board's adoption 1187
of rules to prescribe the methods by which the performance 1188
measures under division (B)(1) of this section shall be assessed 1189
and assigned a letter grade, the department shall conduct a public 1190
presentation before the standing committees of the house of 1191
representatives and the senate that consider education legislation 1192
describing such methods, including performance benchmarks.1193

       (4) There shall not be an overall letter grade for a school 1194
district or building for the 2013-2014 school year.1195

       (C)(1) For the 2014-2015 school year and each school year 1196
thereafter, the department shall issue grades as described in 1197
division (E) of this section for each of the following performance 1198
measures and an overall letter grade based on an aggregate of 1199
those measures:1200

       (a) Annual measurable objectives; 1201

       (b) Performance index score for a school district or 1202
building. Grades shall be awarded as a percentage of the total 1203
possible points on the performance index system as created by the 1204
department. In adopting benchmarks for assigning letter grades 1205
under division (C)(1)(b) of this section, the state board shall 1206
designate ninety per cent or higher for an "A," at least seventy 1207
per cent but not more than eighty per cent for a "C," and less 1208
than fifty per cent for an "F."1209

       (c) The extent to which the school district or building meets 1210
each of the applicable performance indicators established by the 1211
state board under section 3302.03 of the Revised Code and the 1212
percentage of applicable performance indicators that have been 1213
achieved. In adopting benchmarks for assigning letter grades under 1214
division (C)(1)(c) of this section, the state board shall 1215
designate ninety per cent or higher for an "A."1216

       (d) The four- and five-year adjusted cohort graduation rates;1217

       (e) The overall score under the value-added progress 1218
dimension, or another measure of student academic progress if 1219
adopted by the state board, of a school district or building, for 1220
which the department shall use up to three years of value-added 1221
data as available.1222

       In adopting benchmarks for assigning letter grades for 1223
overall score on value-added progress dimension under division 1224
(C)(1)(e) of this section, the state board shall prohibit the 1225
assigning of a grade of "A" for that measure unless the district's 1226
or building's grade assigned for value-added progress dimension 1227
for all subgroups under division (C)(1)(f) of this section is a 1228
"B" or higher.1229

       For the metric prescribed by division (C)(1)(e) of this 1230
section, the state board may adopt a student academic progress 1231
measure to be used instead of the value-added progress dimension. 1232
If the state board adopts such a measure, it also shall prescribe 1233
a method for assigning letter grades for the new measure that is 1234
comparable to the method prescribed in division (A)(1)(e) of this 1235
section.1236

       (f) The value-added progress dimension score of a school 1237
district or building disaggregated for each of the following 1238
subgroups: students identified as gifted in superior cognitive 1239
ability and specific academic ability fields under Chapter 3324. 1240
of the Revised Code, students with disabilities, and students 1241
whose performance places them in the lowest quintile for 1242
achievement on a statewide basis, as determined by a method 1243
prescribed by the state board. Each subgroup shall be a separate 1244
graded measure.1245

       The state board may adopt student academic progress measures 1246
to be used instead of the value-added progress dimension. If the 1247
state board adopts such measures, it also shall prescribe a method 1248
for assigning letter grades for the new measures that is 1249
comparable to the method prescribed in division (A)(1)(e) of this 1250
section.1251

       (g) Whether a school district or building is making progress 1252
in improving literacy in grades kindergarten through three, as 1253
determined using a method prescribed by the state board. The state 1254
board shall adopt rules to prescribe benchmarks and standards for 1255
assigning grades to a district or building for purposes of 1256
division (C)(1)(g) of this section. The state board shall 1257
designate for a "C" grade a value that is not lower than the 1258
statewide average value for this measure. No grade shall be issued 1259
under division (C)(1)(g) of this section for a district or 1260
building in which less than five per cent of students have scored 1261
below grade level on the kindergarten diagnostic assessment under 1262
division (B)(1) of section 3313.608 of the Revised Code.1263

       (2) In addition to the graded measures in division (C)(1) of 1264
this section, the department shall include on a school district's 1265
or building's report card all of the following without an assigned 1266
letter grade:1267

        (a) The percentage of students enrolled in a district or 1268
building who have taken a national standardized test used for 1269
college admission determinations and the percentage of those 1270
students who are determined to be remediation-free in accordance 1271
with the standards adopted under division (F) of section 3345.061 1272
of the Revised Code;1273

        (b) The percentage of students enrolled in a district or 1274
building participating in advanced placement classes and the 1275
percentage of those students who received a score of three or 1276
better on advanced placement examinations;1277

        (c) The number of a district's or building's students who 1278
have earned at least three college credits through dual enrollment1279
advanced standing programs, such as the post-secondary enrollment 1280
optionscollege credit plus program under Chapter 3365. of the 1281
Revised Code and state-approved career-technical courses offered 1282
through dual enrollment or statewide articulation, that appear on 1283
a student's transcript or other official document, either of which 1284
is issued by the institution of higher education from which the 1285
student earned the college credit. The credits earned that are 1286
reported under divisions (B)(2)(b) and (C)(2)(c) of this section 1287
shall not include any that are remedial or developmental and shall 1288
include those that count toward the curriculum requirements 1289
established for completion of a degree.1290

        (d) The percentage of the district's or building's students 1291
who receive an honor's diploma under division (B) of section 1292
3313.61 of the Revised Code;1293

        (e) The percentage of the district's or building's students 1294
who receive industry credentials;1295

        (f) The percentage of students enrolled in a district or 1296
building who are participating in an international baccalaureate 1297
program and the percentage of those students who receive a score 1298
of four or better on the international baccalaureate examinations;1299

        (g) The results of the college and career-ready assessments 1300
administered under division (B)(1) of section 3301.0712 of the 1301
Revised Code.1302

        (3) The state board shall adopt rules pursuant to Chapter 1303
119. of the Revised Code that establish a method to assign an 1304
overall grade for a school district or school building for the 1305
2014-2015 school year and each school year thereafter. The rules 1306
shall group the performance measures in divisions (C)(1) and (2) 1307
of this section into the following components:1308

        (a) Gap closing, which shall include the performance measure 1309
in division (C)(1)(a) of this section;1310

        (b) Achievement, which shall include the performance measures 1311
in divisions (C)(1)(b) and (c) of this section;1312

        (c) Progress, which shall include the performance measures in 1313
divisions (C)(1)(e) and (f) of this section;1314

        (d) Graduation, which shall include the performance measure 1315
in division (C)(1)(d) of this section;1316

        (e) Kindergarten through third-grade literacy, which shall 1317
include the performance measure in division (C)(1)(g) of this 1318
section;1319

        (f) Prepared for success, which shall include the performance 1320
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 1321
this section. The state board shall develop a method to determine 1322
a grade for the component in division (C)(3)(f) of this section 1323
using the performance measures in divisions (C)(2)(a), (b), (c), 1324
(d), (e), and (f) of this section. When available, the state board 1325
may incorporate the performance measure under division (C)(2)(g) 1326
of this section into the component under division (C)(3)(f) of 1327
this section. When determining the overall grade for the prepared 1328
for success component prescribed by division (C)(3)(f) of this 1329
section, no individual student shall be counted in more than one 1330
performance measure. However, if a student qualifies for more than 1331
one performance measure in the component, the state board may, in 1332
its method to determine a grade for the component, specify an 1333
additional weight for such a student that is not greater than or 1334
equal to 1.0. In determining the overall score under division 1335
(C)(3)(f) of this section, the state board shall ensure that the 1336
pool of students included in the performance measures aggregated 1337
under that division are all of the students included in the four- 1338
and five-year adjusted graduation cohort.1339

        In the rules adopted under division (C)(3) of this section, 1340
the state board shall adopt a method for determining a grade for 1341
each component in divisions (C)(3)(a) to (f) of this section. The 1342
state board also shall establish a method to assign an overall 1343
grade of "A," "B," "C," "D," or "F" using the grades assigned for 1344
each component. The method the state board adopts for assigning an 1345
overall grade shall give equal weight to the components in 1346
divisions (C)(3)(b) and (c) of this section.1347

       At least forty-five days prior to the state board's adoption 1348
of rules to prescribe the methods for calculating the overall 1349
grade for the report card, as required by this division, the 1350
department shall conduct a public presentation before the standing 1351
committees of the house of representatives and the senate that 1352
consider education legislation describing the format for the 1353
report card, weights that will be assigned to the components of 1354
the overall grade, and the method for calculating the overall 1355
grade.1356

       (D) Not later than July 1, 2015, the state board shall 1357
develop a measure of student academic progress for high school 1358
students. Beginning with the report card for the 2015-2016 school 1359
year, each school district and applicable school building shall be 1360
assigned a separate letter grade for this measure and the 1361
district's or building's grade for that measure shall be included 1362
in determining the district's or building's overall letter grade. 1363
This measure shall be included within the measure prescribed in 1364
division (C)(3)(c) of this section in the calculation for the 1365
overall letter grade.1366

       (E) The letter grades assigned to a school district or 1367
building under this section shall be as follows:1368

       (1) "A" for a district or school making excellent progress;1369

       (2) "B" for a district or school making above average 1370
progress;1371

       (3) "C" for a district or school making average progress;1372

       (4) "D" for a district or school making below average 1373
progress;1374

       (5) "F" for a district or school failing to meet minimum 1375
progress.1376

        (F) When reporting data on student achievement and progress, 1377
the department shall disaggregate that data according to the 1378
following categories: 1379

       (1) Performance of students by grade-level; 1380

       (2) Performance of students by race and ethnic group; 1381

       (3) Performance of students by gender; 1382

       (4) Performance of students grouped by those who have been 1383
enrolled in a district or school for three or more years; 1384

       (5) Performance of students grouped by those who have been 1385
enrolled in a district or school for more than one year and less 1386
than three years; 1387

       (6) Performance of students grouped by those who have been 1388
enrolled in a district or school for one year or less; 1389

       (7) Performance of students grouped by those who are 1390
economically disadvantaged; 1391

       (8) Performance of students grouped by those who are enrolled 1392
in a conversion community school established under Chapter 3314. 1393
of the Revised Code; 1394

       (9) Performance of students grouped by those who are 1395
classified as limited English proficient; 1396

       (10) Performance of students grouped by those who have 1397
disabilities; 1398

       (11) Performance of students grouped by those who are 1399
classified as migrants; 1400

       (12) Performance of students grouped by those who are 1401
identified as gifted in superior cognitive ability and the 1402
specific academic ability fields of reading and math pursuant to 1403
Chapter 3324. of the Revised Code. In disaggregating specific 1404
academic ability fields for gifted students, the department shall 1405
use data for those students with specific academic ability in math 1406
and reading. If any other academic field is assessed, the 1407
department shall also include data for students with specific 1408
academic ability in that field as well.1409

       (13) Performance of students grouped by those who perform in 1410
the lowest quintile for achievement on a statewide basis, as 1411
determined by a method prescribed by the state board. 1412

       The department may disaggregate data on student performance 1413
according to other categories that the department determines are 1414
appropriate. To the extent possible, the department shall 1415
disaggregate data on student performance according to any 1416
combinations of two or more of the categories listed in divisions 1417
(F)(1) to (13) of this section that it deems relevant. 1418

       In reporting data pursuant to division (F) of this section, 1419
the department shall not include in the report cards any data 1420
statistical in nature that is statistically unreliable or that 1421
could result in the identification of individual students. For 1422
this purpose, the department shall not report student performance 1423
data for any group identified in division (F) of this section that 1424
contains less than ten students. If the department does not report 1425
student performance data for a group because it contains less than 1426
ten students, the department shall indicate on the report card 1427
that is why data was not reported.1428

       (G) The department may include with the report cards any 1429
additional education and fiscal performance data it deems 1430
valuable. 1431

       (H) The department shall include on each report card a list 1432
of additional information collected by the department that is 1433
available regarding the district or building for which the report 1434
card is issued. When available, such additional information shall 1435
include student mobility data disaggregated by race and 1436
socioeconomic status, college enrollment data, and the reports 1437
prepared under section 3302.031 of the Revised Code. 1438

       The department shall maintain a site on the world wide web. 1439
The report card shall include the address of the site and shall 1440
specify that such additional information is available to the 1441
public at that site. The department shall also provide a copy of 1442
each item on the list to the superintendent of each school 1443
district. The district superintendent shall provide a copy of any 1444
item on the list to anyone who requests it. 1445

       (I) Division (I) of this section does not apply to conversion 1446
community schools that primarily enroll students between sixteen 1447
and twenty-two years of age who dropped out of high school or are 1448
at risk of dropping out of high school due to poor attendance, 1449
disciplinary problems, or suspensions. 1450

       (1) For any district that sponsors a conversion community 1451
school under Chapter 3314. of the Revised Code, the department 1452
shall combine data regarding the academic performance of students 1453
enrolled in the community school with comparable data from the 1454
schools of the district for the purpose of determining the 1455
performance of the district as a whole on the report card issued 1456
for the district under this section or section 3302.033 of the 1457
Revised Code. 1458

       (2) Any district that leases a building to a community school 1459
located in the district or that enters into an agreement with a 1460
community school located in the district whereby the district and 1461
the school endorse each other's programs may elect to have data 1462
regarding the academic performance of students enrolled in the 1463
community school combined with comparable data from the schools of 1464
the district for the purpose of determining the performance of the 1465
district as a whole on the district report card. Any district that 1466
so elects shall annually file a copy of the lease or agreement 1467
with the department. 1468

       (3) Any municipal school district, as defined in section 1469
3311.71 of the Revised Code, that sponsors a community school 1470
located within the district's territory, or that enters into an 1471
agreement with a community school located within the district's 1472
territory whereby the district and the community school endorse 1473
each other's programs, may exercise either or both of the 1474
following elections:1475

        (a) To have data regarding the academic performance of 1476
students enrolled in that community school combined with 1477
comparable data from the schools of the district for the purpose 1478
of determining the performance of the district as a whole on the 1479
district's report card;1480

        (b) To have the number of students attending that community 1481
school noted separately on the district's report card.1482

       The election authorized under division (I)(3)(a) of this 1483
section is subject to approval by the governing authority of the 1484
community school.1485

       Any municipal school district that exercises an election to 1486
combine or include data under division (I)(3) of this section, by 1487
the first day of October of each year, shall file with the 1488
department documentation indicating eligibility for that election, 1489
as required by the department.1490

       (J) The department shall include on each report card the 1491
percentage of teachers in the district or building who are highly 1492
qualified, as defined by the "No Child Left Behind Act of 2001,"1493
and a comparison of that percentage with the percentages of such 1494
teachers in similar districts and buildings. 1495

       (K)(1) In calculating English language arts, mathematics, 1496
social studies, or science assessment passage rates used to 1497
determine school district or building performance under this 1498
section, the department shall include all students taking an 1499
assessment with accommodation or to whom an alternate assessment 1500
is administered pursuant to division (C)(1) or (3) of section 1501
3301.0711 of the Revised Code. 1502

        (2) In calculating performance index scores, rates of 1503
achievement on the performance indicators established by the state 1504
board under section 3302.02 of the Revised Code, and annual 1505
measurable objectives for determining adequate yearly progress for 1506
school districts and buildings under this section, the department 1507
shall do all of the following: 1508

       (a) Include for each district or building only those students 1509
who are included in the ADM certified for the first full school 1510
week of October and are continuously enrolled in the district or 1511
building through the time of the spring administration of any 1512
assessment prescribed by division (A)(1) or (B)(1) of section 1513
3301.0710 of the Revised Code that is administered to the 1514
student's grade level; 1515

       (b) Include cumulative totals from both the fall and spring 1516
administrations of the third grade English language arts 1517
achievement assessment; 1518

       (c) Except as required by the "No Child Left Behind Act of 1519
2001," exclude for each district or building any limited English 1520
proficient student who has been enrolled in United States schools 1521
for less than one full school year.1522

       (L) Beginning with the 2015-2016 school year and at least 1523
once every three years thereafter, the state board of education 1524
shall review and may adjust the benchmarks for assigning letter 1525
grades to the performance measures and components prescribed under 1526
divisions (C)(3) and (D) of this section.1527

       Sec. 3302.10.  (A) Beginning July 1, 2007, the superintendent 1528
of public instruction shall establish an academic distress 1529
commission for each(1) Subject to division (A)(2) of this 1530
section, any school district that meets any combination of the 1531
following conditions for two of the three or more consecutivemost 1532
recent years shall be subject to the establishment of an academic 1533
distress commission:1534

       (1)(a) The district has been declared to be in a state of 1535
academic emergency under section 3302.03 of the Revised Code, as 1536
that section existed prior to the effective date of this amendment1537
March 22, 2013, and has failed to make adequate yearly progress;.1538

       (2)(b) The district has received a grade of "F" for the 1539
performance index score and a grade of "D" or "F" for the 1540
value-added progress dimension of section 3302.03 of the Revised 1541
Code;for the 2013-2014 school year.1542

       (3)(c) The district has received an overall grade of "F" 1543
under division (C)(2) or a grade of "F" for the value-added 1544
progress dimension under division (C)(1)(e)(3) of section 3302.03 1545
of the Revised Code;1546

       (4) At least fifty per cent of the schools operated by the 1547
district have received an overall grade of "D" or "F" under 1548
division (C)(3) of section 3302.03 of the Revised Code. 1549

       (d) The district's academic performance makes it subject to 1550
the most severe level of state intervention as specified by the 1551
most recent "Elementary and Secondary Education Act" waiver issued 1552
to the state by the United States department of education.1553

       (2) A school district that meets any of the conditions 1554
prescribed in division (A)(1) of this section but has received on 1555
the report card issued for the most recent school year a grade of 1556
"A" or "B" on at least two components prescribed under division 1557
(C)(3) of section 3302.03 of the Revised Code shall not be subject 1558
to the establishment of an academic distress commission for the 1559
following school year.1560

       (B) Each commission shall assist the district for which it 1561
was established in improving the district's academic performance.1562

       Each commission is a body both corporate and politic, 1563
constituting an agency and instrumentality of the state and 1564
performing essential governmental functions of the state. A 1565
commission shall be known as the "academic distress commission for 1566
............... (name of school district)," and, in that name, may 1567
exercise all authority vested in such a commission by this 1568
section. A separate commission shall be established for each 1569
school district to which this division applies.1570

       (B)(C) Each academic distress commission shall consist of 1571
five voting members, three of whom shall be appointed by the 1572
superintendent of public instruction and two of whom shall be 1573
residents of the applicable school district appointed by the 1574
president of the district board of education. When a school 1575
district becomes subject to this section, the superintendent of 1576
public instruction shall provide written notification of that fact 1577
to the district board of education and shall request the president 1578
of the district board to submit to the superintendent of public 1579
instruction, in writing, the names of the president's appointees 1580
to the commission. The superintendent of public instruction and 1581
the president of the district board shall make appointments to the 1582
commission within thirty days after the district is notified that 1583
it is subject to this section.1584

        Members of the commission shall serve at the pleasure of 1585
their appointing authority during the life of the commission. In 1586
the event of the death, resignation, incapacity, removal, or 1587
ineligibility to serve of a member, the appointing authority shall 1588
appoint a successor within fifteen days after the vacancy occurs. 1589
Members shall serve without compensation, but shall be paid by the 1590
commission their necessary and actual expenses incurred while 1591
engaged in the business of the commission.1592

       (C)(D) Immediately after appointment of the initial members 1593
of an academic distress commission, the superintendent of public 1594
instruction shall call the first meeting of the commission and 1595
shall cause written notice of the time, date, and place of that 1596
meeting to be given to each member of the commission at least 1597
forty-eight hours in advance of the meeting. The first meeting 1598
shall include an overview of the commission's roles and 1599
responsibilities, the requirements of section 2921.42 and Chapter 1600
102. of the Revised Code as they pertain to commission members, 1601
the requirements of section 121.22 of the Revised Code, and the 1602
provisions of division (F)(H) of this section. At its first 1603
meeting, the commission shall adopt temporary bylaws in accordance 1604
with division (D)(F) of this section to govern its operations 1605
until the adoption of permanent bylaws.1606

       (E) The superintendent of public instruction shall designate 1607
a chairperson for the commission from among the members appointed 1608
by the superintendent. The chairperson shall call and conduct 1609
meetings, set meeting agendas, and serve as a liaison between the 1610
commission and the district board of education. The chairperson 1611
also shall appoint a secretary, who shall not be a member of the 1612
commission.1613

        The department of education shall provide administrative 1614
support for the commission, provide data requested by the 1615
commission, and inform the commission of available state resources 1616
that could assist the commission in its work.1617

       (D)(F) Each academic distress commission may adopt and alter 1618
bylaws and rules, which shall not be subject to section 111.15 or 1619
Chapter 119. of the Revised Code, for the conduct of its affairs 1620
and for the manner, subject to this section, in which its powers 1621
and functions shall be exercised and embodied.1622

       (E)(G) Three members of an academic distress commission 1623
constitute a quorum of the commission. The affirmative vote of 1624
three members of the commission is necessary for any action taken 1625
by vote of the commission. No vacancy in the membership of the 1626
commission shall impair the rights of a quorum by such vote to 1627
exercise all the rights and perform all the duties of the 1628
commission. Members of the commission are not disqualified from 1629
voting by reason of the functions of any other office they hold 1630
and are not disqualified from exercising the functions of the 1631
other office with respect to the school district, its officers, or 1632
the commission.1633

       (F)(H) The members of an academic distress commission, the 1634
superintendent of public instruction, and any person authorized to 1635
act on behalf of or assist them shall not be personally liable or 1636
subject to any suit, judgment, or claim for damages resulting from 1637
the exercise of or failure to exercise the powers, duties, and 1638
functions granted to them in regard to their functioning under 1639
this section, but the commission, superintendent of public 1640
instruction, and such other persons shall be subject to mandamus 1641
proceedings to compel performance of their duties under this 1642
section.1643

       (G)(I) Each member of an academic distress commission shall 1644
file the statement described in section 102.02 of the Revised Code 1645
with the Ohio ethics commission. The statement shall be 1646
confidential, subject to review, as described in division (B) of 1647
that section.1648

       (H)(J) Meetings of each academic distress commission shall be 1649
subject to section 121.22 of the Revised Code.1650

       (I)(K)(1) Within one hundred twenty days after the first 1651
meeting of an academic distress commission, the commission shall 1652
adopt an academic recovery plan to improve academic performance in 1653
the school district. The plan shall address academic problems at 1654
both the district and school levels. The plan shall include the 1655
following:1656

        (a) Short-term and long-term actions to be taken to improve 1657
the district's academic performance, including any actions 1658
required by section 3302.04 or 3302.041 of the Revised Code;1659

        (b) The sequence and timing of the actions described in 1660
division (I)(K)(1)(a) of this section and the persons responsible 1661
for implementing the actions;1662

        (c) Resources that will be applied toward improvement 1663
efforts;1664

        (d) Procedures for monitoring and evaluating improvement 1665
efforts;1666

        (e) Requirements for reporting to the commission and the 1667
district board of education on the status of improvement efforts.1668

        (2) The commission may amend the academic recovery plan 1669
subsequent to adoption. The commission shall update the plan at 1670
least annually.1671

        (3) The commission shall submit the academic recovery plan it 1672
adopts or updates to the superintendent of public instruction for 1673
approval immediately following its adoption or updating. The 1674
superintendent shall evaluate the plan and either approve or 1675
disapprove it within thirty days after its submission. If the plan 1676
is disapproved, the superintendent shall recommend modifications 1677
that will render it acceptable. No academic distress commission 1678
shall implement an academic recovery plan unless the 1679
superintendent has approved it.1680

        (4) County, state, and school district officers and employees 1681
shall assist the commission diligently and promptly in the 1682
implementation of the academic recovery plan.1683

       (J)(L) Each academic distress commission shall seek input 1684
from the district board of education regarding ways to improve the 1685
district's academic performance, but any decision of the 1686
commission related to any authority granted to the commission 1687
under this section shall be final.1688

       The commission may do any of the following:1689

       (1) Appoint school building administrators and reassign 1690
administrative personnel;1691

       (2) Terminate the contracts of administrators or 1692
administrative personnel. The commission shall not be required to 1693
comply with section 3319.16 of the Revised Code with respect to 1694
any contract terminated under this division.1695

       (3) Contract with a private entity to perform school or 1696
district management functions;1697

       (4) Establish a budget for the district and approve district 1698
appropriations and expenditures, unless a financial planning and 1699
supervision commission has been established for the district 1700
pursuant to section 3316.05 of the Revised Code.1701

       (K)(M) If the board of education of a district for which an 1702
academic distress commission has been established under this 1703
section renews any collective bargaining agreement under Chapter 1704
4117. of the Revised Code during the existence of the commission, 1705
the district board shall not enter into any agreement that would 1706
render any decision of the commission unenforceable. Section 1707
3302.08 of the Revised Code does not apply to this division.1708

       Notwithstanding any provision to the contrary in Chapter 1709
4117. of the Revised Code, if the board of education has entered 1710
into a collective bargaining agreement after September 29, 2005, 1711
that contains stipulations relinquishing one or more of the rights 1712
or responsibilities listed in division (C) of section 4117.08 of 1713
the Revised Code, those stipulations are not enforceable and the 1714
district board shall resume holding those rights or 1715
responsibilities as if it had not relinquished them in that 1716
agreement until such time as both the academic distress commission 1717
ceases to exist and the district board agrees to relinquish those 1718
rights or responsibilities in a new collective bargaining 1719
agreement. The provisions of this paragraph apply to a collective 1720
bargaining agreement entered into after September 29, 2005, and 1721
those provisions are deemed to be part of that agreement 1722
regardless of whether the district satisfied the conditions 1723
prescribed in division (A) of this section at the time the 1724
district entered into that agreement.1725

       (L)(N)(1) An academic distress commission shall cease to 1726
exist when the district for which it was established receives a 1727
performance rating of in need of continuous improvement or better, 1728
under section 3302.03 of the Revised Code as that section existed 1729
prior to the effective date of this amendment, or ahas received, 1730
on two of the three most recent report cards, any combination of 1731
the following:1732

       (a) A grade of "C" or better for both the performance index 1733
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the 1734
value-added progress dimension under division (A)(1)(e), 1735
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for 1736
two of the three prior school years; however, the;1737

       (b) An overall grade of "C" or better under division (C)(3) 1738
of section 3302.03 of the Revised Code;1739

       (c) A level of academic performance such that the school 1740
district is no longer subject to the most severe level of state 1741
intervention as described in division (A)(1)(d) of this section.1742

       (2) The superintendent of public instruction may dissolve the 1743
commission earlier than as prescribed by division (N)(1) of this 1744
section if the superintendent determines that the district can 1745
perform adequately without the supervision of the commission. Upon 1746
termination of the commission, the department of education shall 1747
compile a final report of the commission's activities to assist 1748
other academic distress commissions in the conduct of their 1749
functions.1750

       Sec. 3313.372.  (A) As used in this section, "energy 1751
conservation measure" means an installation or modification of an 1752
installation in, or remodeling of, a building, to reduce energy 1753
consumption. It includes:1754

       (1) Insulation of the building structure and systems within 1755
the building;1756

       (2) Storm windows and doors, multiglazed windows and doors, 1757
heat absorbing or heat reflective glazed and coated window and 1758
door systems, additional glazing, reductions in glass area, and 1759
other window and door system modifications that reduce energy 1760
consumption;1761

       (3) Automatic energy control systems;1762

       (4) Heating, ventilating, or air conditioning system 1763
modifications or replacements;1764

       (5) Caulking and weatherstripping;1765

       (6) Replacement or modification of lighting fixtures to 1766
increase the energy efficiency of the system without increasing 1767
the overall illumination of a facility, unless such increase in 1768
illumination is necessary to conform to the applicable state or 1769
local building code for the proposed lighting system;1770

       (7) Energy recovery systems;1771

       (8) Cogeneration systems that produce steam or forms of 1772
energy such as heat, as well as electricity, for use primarily 1773
within a building or complex of buildings;1774

       (9) Any other modification, installation, or remodeling 1775
approved by the Ohio school facilities commission as an energy 1776
conservation measure.1777

       (B) A board of education of a city, exempted village, local, 1778
or joint vocational school district may enter into an installment 1779
payment contract for the purchase and installation of energy 1780
conservation measures. The provisions of such installment payment 1781
contracts dealing with interest charges and financing terms shall 1782
not be subject to the competitive bidding requirements of section 1783
3313.46 of the Revised Code, and shall be on the following terms:1784

       (1) Not less than one-fifteenth of the costs thereof shall be 1785
paid within two years from the date of purchase.1786

       (2) The remaining balance of the costs thereof shall be paid 1787
within fifteen years from the date of purchase.1788

       The provisions of any installment payment contract entered 1789
into pursuant to this section shall provide that all payments, 1790
except payments for repairs and obligations on termination of the 1791
contract prior to its expiration, be stated as a percentage of1792
shall not exceed the calculated energy, water, or waste water cost 1793
savings, avoided operating costs, and avoided capital costs 1794
attributable to the one or more measures over a defined period of 1795
time. Those payments shall be made only to the extent that the 1796
savings described in this division actually occur. The contractor 1797
shall warrant and guarantee that the energy conservation measures 1798
shall realize guaranteed savings and shall be responsible to pay 1799
an amount equal to any savings shortfall.1800

       An installment payment contract entered into by a board of 1801
education under this section shall require the board to contract 1802
in accordance with division (A) of section 3313.46 of the Revised 1803
Code for the installation, modification, or remodeling of energy 1804
conservation measures unless division (A) of section 3313.46 of 1805
the Revised Code does not apply pursuant to division (B)(3) of 1806
that section, in which case the contract shall be awarded through 1807
a competitive selection process pursuant to rules adopted by the 1808
school facilities commission.1809

       An installment payment contract entered into by a board of 1810
education under this section may include services for measurement 1811
and verification of energy savings associated with the guarantee. 1812
The annual cost of measurement and verification services shall not 1813
exceed ten per cent of the guaranteed savings in any year of the 1814
installment payment contract.1815

       (C) The board may issue the notes of the school district 1816
signed by the president and the treasurer of the board and 1817
specifying the terms of the purchase and securing the deferred 1818
payments provided in this section, payable at the times provided 1819
and bearing interest at a rate not exceeding the rate determined 1820
as provided in section 9.95 of the Revised Code. The notes may 1821
contain an option for prepayment and shall not be subject to 1822
Chapter 133. of the Revised Code. In the resolution authorizing 1823
the notes, the board may provide, without the vote of the electors 1824
of the district, for annually levying and collecting taxes in 1825
amounts sufficient to pay the interest on and retire the notes, 1826
except that the total net indebtedness of the district without a 1827
vote of the electors incurred under this and all other sections of 1828
the Revised Code, except section 3318.052 of the Revised Code, 1829
shall not exceed one per cent of the district's tax valuation. 1830
Revenues derived from local taxes or otherwise, for the purpose of 1831
conserving energy or for defraying the current operating expenses 1832
of the district, may be applied to the payment of interest and the 1833
retirement of such notes. The notes may be sold at private sale or 1834
given to the contractor under the installment payment contract 1835
authorized by division (B) of this section.1836

       (D) Debt incurred under this section shall not be included in 1837
the calculation of the net indebtedness of a school district under 1838
section 133.06 of the Revised Code.1839

       (E) No school district board shall enter into an installment 1840
payment contract under division (B) of this section unless it 1841
first obtains a report of the costs of the energy conservation 1842
measures and the savings thereof as described under division (G) 1843
of section 133.06 of the Revised Code as a requirement for issuing 1844
energy securities, makes a finding that the amount spent on such 1845
measures is not likely to exceed the amount of money it would save 1846
in energy costs and resultant operational and maintenance costs as 1847
described in that division, except that that finding shall cover 1848
the ensuing fifteen years, and the Ohio school facilities 1849
commission determines that the district board's findings are 1850
reasonable and approves the contract as described in that 1851
division.1852

       The district board shall monitor the savings and maintain a 1853
report of those savings, which shall be submitted to the 1854
commission in the same manner as required by division (G) of 1855
section 133.06 of the Revised Code in the case of energy 1856
securities.1857

       Sec. 3313.603.  (A) As used in this section:1858

       (1) "One unit" means a minimum of one hundred twenty hours of 1859
course instruction, except that for a laboratory course, "one 1860
unit" means a minimum of one hundred fifty hours of course 1861
instruction.1862

       (2) "One-half unit" means a minimum of sixty hours of course 1863
instruction, except that for physical education courses, "one-half 1864
unit" means a minimum of one hundred twenty hours of course 1865
instruction.1866

       (B) Beginning September 15, 2001, except as required in 1867
division (C) of this section and division (C) of section 3313.614 1868
of the Revised Code, the requirements for graduation from every 1869
high school shall include twenty units earned in grades nine 1870
through twelve and shall be distributed as follows:1871

       (1) English language arts, four units;1872

       (2) Health, one-half unit;1873

       (3) Mathematics, three units;1874

       (4) Physical education, one-half unit;1875

       (5) Science, two units until September 15, 2003, and three 1876
units thereafter, which at all times shall include both of the 1877
following:1878

       (a) Biological sciences, one unit;1879

       (b) Physical sciences, one unit.1880

       (6) History and government, one unit, which shall comply with 1881
division (M) of this section and shall include both of the 1882
following:1883

       (a) American history, one-half unit;1884

       (b) American government, one-half unit.1885

       (7) Social studies, two units.1886

       (8) Elective units, seven units until September 15, 2003, and 1887
six units thereafter.1888

       Each student's electives shall include at least one unit, or 1889
two half units, chosen from among the areas of 1890
business/technology, fine arts, and/or foreign language.1891

       (C) Beginning with students who enter ninth grade for the 1892
first time on or after July 1, 2010, except as provided in 1893
divisions (D) to (F) of this section, the requirements for 1894
graduation from every public and chartered nonpublic high school 1895
shall include twenty units that are designed to prepare students 1896
for the workforce and college. The units shall be distributed as 1897
follows:1898

       (1) English language arts, four units;1899

       (2) Health, one-half unit, which shall include instruction in 1900
nutrition and the benefits of nutritious foods and physical 1901
activity for overall health;1902

       (3) Mathematics, four units, which shall include one unit of 1903
algebra II or the equivalent of algebra II;1904

       (4) Physical education, one-half unit;1905

       (5) Science, three units with inquiry-based laboratory 1906
experience that engages students in asking valid scientific 1907
questions and gathering and analyzing information, which shall 1908
include the following, or their equivalent:1909

       (a) Physical sciences, one unit;1910

       (b) Life sciences, one unit;1911

       (c) Advanced study in one or more of the following sciences, 1912
one unit:1913

       (i) Chemistry, physics, or other physical science;1914

       (ii) Advanced biology or other life science;1915

       (iii) Astronomy, physical geology, or other earth or space 1916
science.1917

       (6) History and government, one unit, which shall comply with 1918
division (M) of this section and shall include both of the 1919
following:1920

       (a) American history, one-half unit;1921

       (b) American government, one-half unit.1922

       (7) Social studies, two units.1923

       Each school shall integrate the study of economics and 1924
financial literacy, as expressed in the social studies academic 1925
content standards adopted by the state board of education under 1926
division (A)(1) of section 3301.079 of the Revised Code and the 1927
academic content standards for financial literacy and 1928
entrepreneurship adopted under division (A)(2) of that section, 1929
into one or more existing social studies credits required under 1930
division (C)(7) of this section, or into the content of another 1931
class, so that every high school student receives instruction in 1932
those concepts. In developing the curriculum required by this 1933
paragraph, schools shall use available public-private partnerships 1934
and resources and materials that exist in business, industry, and 1935
through the centers for economics education at institutions of 1936
higher education in the state.1937

       (8) Five units consisting of one or any combination of 1938
foreign language, fine arts, business, career-technical education, 1939
family and consumer sciences, technology, agricultural education, 1940
a junior reserve officer training corps (JROTC) program approved 1941
by the congress of the United States under title 10 of the United 1942
States Code, or English language arts, mathematics, science, or 1943
social studies courses not otherwise required under division (C) 1944
of this section.1945

       Ohioans must be prepared to apply increased knowledge and 1946
skills in the workplace and to adapt their knowledge and skills 1947
quickly to meet the rapidly changing conditions of the 1948
twenty-first century. National studies indicate that all high 1949
school graduates need the same academic foundation, regardless of 1950
the opportunities they pursue after graduation. The goal of Ohio's 1951
system of elementary and secondary education is to prepare all 1952
students for and seamlessly connect all students to success in 1953
life beyond high school graduation, regardless of whether the next 1954
step is entering the workforce, beginning an apprenticeship, 1955
engaging in post-secondary training, serving in the military, or 1956
pursuing a college degree.1957

        The Ohio core curriculum is the standard expectation for all 1958
students entering ninth grade for the first time at a public or 1959
chartered nonpublic high school on or after July 1, 2010. A 1960
student may satisfy this expectation through a variety of methods, 1961
including, but not limited to, integrated, applied, 1962
career-technical, and traditional coursework.1963

       Whereas teacher quality is essential for student success in 1964
completing the Ohio core curriculum, the general assembly shall 1965
appropriate funds for strategic initiatives designed to strengthen 1966
schools' capacities to hire and retain highly qualified teachers 1967
in the subject areas required by the curriculum. Such initiatives 1968
are expected to require an investment of $120,000,000 over five 1969
years.1970

       Stronger coordination between high schools and institutions 1971
of higher education is necessary to prepare students for more 1972
challenging academic endeavors and to lessen the need for academic 1973
remediation in college, thereby reducing the costs of higher 1974
education for Ohio's students, families, and the state. The state 1975
board and the chancellor of the Ohio board of regents shall 1976
develop policies to ensure that only in rare instances will 1977
students who complete the Ohio core curriculum require academic 1978
remediation after high school.1979

       School districts, community schools, and chartered nonpublic 1980
schools shall integrate technology into learning experiences 1981
across the curriculum in order to maximize efficiency, enhance 1982
learning, and prepare students for success in the 1983
technology-driven twenty-first century. Districts and schools 1984
shall use distance and web-based course delivery as a method of 1985
providing or augmenting all instruction required under this 1986
division, including laboratory experience in science. Districts 1987
and schools shall utilize technology access and electronic 1988
learning opportunities provided by the broadcast educational media 1989
commission, chancellor, the Ohio learning network, education 1990
technology centers, public television stations, and other public 1991
and private providers.1992

       (D) Except as provided in division (E) of this section, a 1993
student who enters ninth grade on or after July 1, 2010, and 1994
before July 1, 20142016, may qualify for graduation from a public 1995
or chartered nonpublic high school even though the student has not 1996
completed the Ohio core curriculum prescribed in division (C) of 1997
this section if all of the following conditions are satisfied:1998

       (1) After the student has attended high school for two years, 1999
as determined by the school, the student and the student's parent, 2000
guardian, or custodian sign and file with the school a written 2001
statement asserting the parent's, guardian's, or custodian's 2002
consent to the student's graduating without completing the Ohio 2003
core curriculum and acknowledging that one consequence of not 2004
completing the Ohio core curriculum is ineligibility to enroll in 2005
most state universities in Ohio without further coursework.2006

       (2) The student and parent, guardian, or custodian fulfill 2007
any procedural requirements the school stipulates to ensure the 2008
student's and parent's, guardian's, or custodian's informed 2009
consent and to facilitate orderly filing of statements under 2010
division (D)(1) of this section.2011

       (3) The student and the student's parent, guardian, or 2012
custodian and a representative of the student's high school 2013
jointly develop an individual careera student success plan for 2014
the student under division (C)(1) of section 3313.6015 of the 2015
Revised Code that specifies the student matriculating to a 2016
two-year degree program, acquiring a business and industry 2017
credential, or entering an apprenticeship.2018

       (4) The student's high school provides counseling and support 2019
for the student related to the plan developed under division 2020
(D)(3) of this section during the remainder of the student's high 2021
school experience.2022

       (5) The student successfully completes, at a minimum, the 2023
curriculum prescribed in division (B) of this section.2024

       The department of education, in collaboration with the 2025
chancellor, shall analyze student performance data to determine if 2026
there are mitigating factors that warrant extending the exception 2027
permitted by division (D) of this section to high school classes 2028
beyond those entering ninth grade before July 1, 20142016. The 2029
department shall submit its findings and any recommendations not 2030
later than August 1, 20142016, to the speaker and minority leader 2031
of the house of representatives, the president and minority leader 2032
of the senate, the chairpersons and ranking minority members of 2033
the standing committees of the house of representatives and the 2034
senate that consider education legislation, the state board of 2035
education, and the superintendent of public instruction.2036

       (E) Each school district and chartered nonpublic school 2037
retains the authority to require an even more rigorous minimum 2038
curriculum for high school graduation than specified in division 2039
(B) or (C) of this section. A school district board of education, 2040
through the adoption of a resolution, or the governing authority 2041
of a chartered nonpublic school may stipulate any of the 2042
following:2043

        (1) A minimum high school curriculum that requires more than 2044
twenty units of academic credit to graduate;2045

        (2) An exception to the district's or school's minimum high 2046
school curriculum that is comparable to the exception provided in 2047
division (D) of this section but with additional requirements, 2048
which may include a requirement that the student successfully 2049
complete more than the minimum curriculum prescribed in division 2050
(B) of this section;2051

        (3) That no exception comparable to that provided in division 2052
(D) of this section is available.2053

       (F) A student enrolled in a dropout prevention and recovery 2054
program, which program has received a waiver from the department, 2055
may qualify for graduation from high school by successfully 2056
completing a competency-based instructional program administered 2057
by the dropout prevention and recovery program in lieu of 2058
completing the Ohio core curriculum prescribed in division (C) of 2059
this section. The department shall grant a waiver to a dropout 2060
prevention and recovery program, within sixty days after the 2061
program applies for the waiver, if the program meets all of the 2062
following conditions:2063

       (1) The program serves only students not younger than sixteen 2064
years of age and not older than twenty-one years of age.2065

       (2) The program enrolls students who, at the time of their 2066
initial enrollment, either, or both, are at least one grade level 2067
behind their cohort age groups or experience crises that 2068
significantly interfere with their academic progress such that 2069
they are prevented from continuing their traditional programs.2070

       (3) The program requires students to attain at least the 2071
applicable score designated for each of the assessments prescribed 2072
under division (B)(1) of section 3301.0710 of the Revised Code or, 2073
to the extent prescribed by rule of the state board under division 2074
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 2075
of that section.2076

       (4) The program develops an individual careera student 2077
success plan for the student under division (C)(1) of section 2078
3313.6015 of the Revised Code that specifies the student's 2079
matriculating to a two-year degree program, acquiring a business 2080
and industry credential, or entering an apprenticeship.2081

       (5) The program provides counseling and support for the 2082
student related to the plan developed under division (F)(4) of 2083
this section during the remainder of the student's high school 2084
experience.2085

       (6) The program requires the student and the student's 2086
parent, guardian, or custodian to sign and file, in accordance 2087
with procedural requirements stipulated by the program, a written 2088
statement asserting the parent's, guardian's, or custodian's 2089
consent to the student's graduating without completing the Ohio 2090
core curriculum and acknowledging that one consequence of not 2091
completing the Ohio core curriculum is ineligibility to enroll in 2092
most state universities in Ohio without further coursework.2093

       (7) Prior to receiving the waiver, the program has submitted 2094
to the department an instructional plan that demonstrates how the 2095
academic content standards adopted by the state board under 2096
section 3301.079 of the Revised Code will be taught and assessed.2097

       (8) Prior to receiving the waiver, the program has submitted 2098
to the department a policy on career advising that satisfies the 2099
requirements of section 3313.6015 of the Revised Code, with an 2100
emphasis on how every student will receive career advising.2101

       (9) Prior to receiving the waiver, the program has submitted 2102
to the department a written agreement outlining the future 2103
cooperation between the program and any combination of local job 2104
training, postsecondary education, nonprofit, and health and 2105
social service organizations to provide services for students in 2106
the program and their families.2107

       Divisions (F)(8) and (9) of this section apply only to 2108
waivers granted on or after the effective date of this amendment.2109

       If the department does not act either to grant the waiver or 2110
to reject the program application for the waiver within sixty days 2111
as required under this section, the waiver shall be considered to 2112
be granted.2113

       (G) Every high school may permit students below the ninth 2114
grade to take advanced work. If a high school so permits, it shall 2115
award high school credit for successful completion of the advanced 2116
work and shall count such advanced work toward the graduation 2117
requirements of division (B) or (C) of this section if the 2118
advanced work was both:2119

       (1) Taught by a person who possesses a license or certificate 2120
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 2121
Code that is valid for teaching high school;2122

       (2) Designated by the board of education of the city, local, 2123
or exempted village school district, the board of the cooperative 2124
education school district, or the governing authority of the 2125
chartered nonpublic school as meeting the high school curriculum 2126
requirements.2127

        Each high school shall record on the student's high school 2128
transcript all high school credit awarded under division (G) of 2129
this section. In addition, if the student completed a seventh- or 2130
eighth-grade fine arts course described in division (K) of this 2131
section and the course qualified for high school credit under that 2132
division, the high school shall record that course on the 2133
student's high school transcript.2134

       (H) The department shall make its individual academic career 2135
plan available through its Ohio career information system web site 2136
for districts and schools to use as a tool for communicating with 2137
and providing guidance to students and families in selecting high 2138
school courses.2139

        (I) Units earned in English language arts, mathematics, 2140
science, and social studies that are delivered through integrated 2141
academic and career-technical instruction are eligible to meet the 2142
graduation requirements of division (B) or (C) of this section.2143

       (J) The state board, in consultation with the chancellor, 2144
shall adopt a statewide plan implementing methods for students to 2145
earn units of high school credit based on a demonstration of 2146
subject area competency, instead of or in combination with 2147
completing hours of classroom instruction. The state board shall 2148
adopt the plan not later than March 31, 2009, and commence phasing 2149
in the plan during the 2009-2010 school year. The plan shall 2150
include a standard method for recording demonstrated proficiency 2151
on high school transcripts. Each school district and community 2152
school shall comply with the state board's plan adopted under this 2153
division and award units of high school credit in accordance with 2154
the plan. The state board may adopt existing methods for earning 2155
high school credit based on a demonstration of subject area 2156
competency as necessary prior to the 2009-2010 school year.2157

       (K) This division does not apply to students who qualify for 2158
graduation from high school under division (D) or (F) of this 2159
section, or to students pursuing a career-technical instructional 2160
track as determined by the school district board of education or 2161
the chartered nonpublic school's governing authority. 2162
Nevertheless, the general assembly encourages such students to 2163
consider enrolling in a fine arts course as an elective.2164

       Beginning with students who enter ninth grade for the first 2165
time on or after July 1, 2010, each student enrolled in a public 2166
or chartered nonpublic high school shall complete two semesters or 2167
the equivalent of fine arts to graduate from high school. The 2168
coursework may be completed in any of grades seven to twelve. Each 2169
student who completes a fine arts course in grade seven or eight 2170
may elect to count that course toward the five units of electives 2171
required for graduation under division (C)(8) of this section, if 2172
the course satisfied the requirements of division (G) of this 2173
section. In that case, the high school shall award the student 2174
high school credit for the course and count the course toward the 2175
five units required under division (C)(8) of this section. If the 2176
course in grade seven or eight did not satisfy the requirements of 2177
division (G) of this section, the high school shall not award the 2178
student high school credit for the course but shall count the 2179
course toward the two semesters or the equivalent of fine arts 2180
required by this division.2181

       (L) Notwithstanding anything to the contrary in this section, 2182
the board of education of each school district and the governing 2183
authority of each chartered nonpublic school may adopt a policy to 2184
excuse from the high school physical education requirement each 2185
student who, during high school, has participated in 2186
interscholastic athletics, marching band, or cheerleading for at 2187
least two full seasons or in the junior reserve officer training 2188
corps for at least two full school years. If the board or 2189
authority adopts such a policy, the board or authority shall not 2190
require the student to complete any physical education course as a 2191
condition to graduate. However, the student shall be required to 2192
complete one-half unit, consisting of at least sixty hours of 2193
instruction, in another course of study. In the case of a student 2194
who has participated in the junior reserve officer training corps 2195
for at least two full school years, credit received for that 2196
participation may be used to satisfy the requirement to complete 2197
one-half unit in another course of study.2198

       (M) It is important that high school students learn and 2199
understand United States history and the governments of both the 2200
United States and the state of Ohio. Therefore, beginning with 2201
students who enter ninth grade for the first time on or after July 2202
1, 2012, the study of American history and American government 2203
required by divisions (B)(6) and (C)(6) of this section shall 2204
include the study of all of the following documents:2205

        (1) The Declaration of Independence;2206

        (2) The Northwest Ordinance;2207

        (3) The Constitution of the United States with emphasis on 2208
the Bill of Rights;2209

        (4) The Ohio Constitution.2210

        The study of each of the documents prescribed in divisions 2211
(M)(1) to (4) of this section shall include study of that document 2212
in its original context.2213

        The study of American history and government required by 2214
divisions (B)(6) and (C)(6) of this section shall include the 2215
historical evidence of the role of documents such as the 2216
Federalist Papers and the Anti-Federalist Papers to firmly 2217
establish the historical background leading to the establishment 2218
of the provisions of the Constitution and Bill of Rights.2219

       Sec. 3313.6013. (A) As used in this section, "dual enrollment2220
advanced standing program" means a program that enables a student 2221
to earn credit toward a degree from an institution of higher 2222
education while enrolled in high school or that enables a student 2223
to complete coursework while enrolled in high school that may earn 2224
credit toward a degree from an institution of higher education 2225
upon the student's attainment of a specified score on an 2226
examination covering the coursework. Dual enrollmentAdvanced 2227
standing programs may include any of the following:2228

        (1) The post-secondary enrollment optionscollege credit plus2229
program established under Chapter 3365. of the Revised Code;2230

       (2) Advanced placement courses;2231

       (3) Any similar program established pursuant to an agreement 2232
between a school district or chartered nonpublic high school and 2233
an institution of higher educationInternational baccalaureate 2234
diploma courses;2235

       (4) Early college high schoolsschool programs.2236

        (B) Each city, local, exempted village, and joint vocational 2237
school district and each chartered nonpublic high school shall 2238
provide students enrolled in grades nine through twelve with the 2239
opportunity to participate in a dual enrollmentan advanced 2240
standing program. For this purpose, each school district and 2241
chartered nonpublic high school shall offer at least one dual 2242
enrollmentadvanced standing program in accordance with division 2243
(B)(1) or (2) of this section, as applicable.2244

        (1) A city, local, or exempted village school district meets 2245
the requirements of this division through its mandatory 2246
participation in the post-secondary enrollment optionscollege 2247
credit plus program established under Chapter 3365. of the Revised 2248
Code. However, a city, local, or exempted village school district 2249
may offer any other dual enrollmentadvanced standing program, in 2250
addition to the post-secondary enrollment optionscollege credit 2251
plus program, and each joint vocational school district shall 2252
offer at least one other dual enrollmentadvanced standing2253
program, to students in good standing, as defined by the 2254
partnership for continued learning under section 3301.42 of the 2255
Revised Code as it existed prior to October 16, 2009, or as 2256
subsequently defined by the department of education.2257

        (2) A chartered nonpublic high school that elects to 2258
participate in the post-secondary enrollment optionscollege 2259
credit plus program established under Chapter 3365. of the Revised 2260
Code meets the requirements of this division. Each chartered 2261
nonpublic high school that elects not to participate in the 2262
post-secondary enrollment optionscollege credit plus program 2263
instead shall offer at least one other dual enrollmentadvanced 2264
standing program to students in good standing, as defined by the 2265
partnership for continued learning under section 3301.42 of the 2266
Revised Code as it existed prior to October 16, 2009, or as 2267
subsequently defined by the department of education.2268

       (C) Each school district and each chartered nonpublic high 2269
school shall provide information about the dual enrollment2270
advanced standing programs offered by the district or school to 2271
all students enrolled in grades eight through eleven.2272

       (D) NoExcept for the college credit plus program as 2273
described in division (A)(1) of this section, no city, local, 2274
exempted village, and joint vocational school district shall 2275
charge an enrolled student an additional fee or tuition for 2276
participation in any dual enrollmentadvanced standing program 2277
offered by the district. Students may be required to pay the costs 2278
associated with taking an advanced placement or international 2279
baccalaureate examination.2280

       (E) Any agreement between a school district or school and an 2281
associated college, as defined in section 3365.10 of the Revised 2282
Code, governing the operation of an early college high school 2283
program shall be subject to the requirements of the college credit 2284
plus program, with the following exceptions:2285

       (1) Any aspect of the agreement that does not relate to the 2286
conferral of transcripted credit, as defined in section 3365.01 of 2287
the Revised Code, shall not be subject to the requirements of the 2288
college credit plus program.2289

       (2) If the early college high school program began operating 2290
prior to July 1, 2014, the agreement shall not be subject to the 2291
requirements of the college credit plus program until the later of 2292
the date on which the existing agreement expires or July 1, 2015.2293

       (3) If the district, school, or associated college obtains a 2294
waiver for the agreement under section 3365.10 of the Revised 2295
Code, the agreement shall not be subject to the requirements of 2296
the college credit plus program.2297

       (4) If the district, school, or associated college operating 2298
the early college high school program was granted an award under 2299
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly 2300
for the 2014-2015 school year, as the lead applicant on the grant 2301
or as part of a consortium, for a project involving the 2302
establishment or expansion of an early college high school, the 2303
agreement shall not be subject to the requirements of the college 2304
credit plus program during the period of time for which the 2305
project is funded by the grant award under that section. 2306

       The college credit plus program shall not govern any advanced 2307
placement course or international baccalaureate diploma course as 2308
described under this section.2309

       (F) As used in this section, "early college high school 2310
program" means a program operated by a school district or school 2311
and an associated college, as defined in section 3365.10 of the 2312
Revised Code, that provides a personalized learning plan, which is 2313
based on accelerated curriculum and includes both high school and 2314
college-level coursework, and enables the following students to 2315
earn a high school diploma and an associate degree, or the 2316
equivalent number of transcripted credits, upon successful 2317
completion of the program:2318

       (1) Students who are underrepresented in regard to completing 2319
post-secondary education;2320

       (2) Students who are economically disadvantaged, as defined 2321
by the department of education;2322

       (3) Students whose parents did not earn a college degree.2323

       Sec. 3313.6015.  (A)(1) Beginning in the 2014-2015 school 2324
year, the board of education of each city, local, exempted 2325
village, and joint vocational school district shall adopt a policy 2326
on career advising that complies with this section. Thereafter, 2327
the policy shall be updated at least once every two years.2328

       (2) The board shall make the policy publicly available to 2329
students, parents, guardians, or custodians, local post-secondary 2330
institutions, and residents of the district. The district shall 2331
post the policy in a prominent location on its web site, if it has 2332
one.2333

       (B) The policy on career advising shall specify how the 2334
district will do all of the following:2335

       (1) Provide students with grade-level examples that link 2336
their schoolwork to one or more career fields. A district may use 2337
career connections developed under division (B)(2) of section 2338
3301.079 of the Revised Code for this purpose.2339

       (2) Create a plan to provide career advising to students in 2340
grades six through twelve;2341

       (3) Provide additional interventions and career advising for 2342
students who are identified as at risk of dropping out of school 2343
in accordance with division (C) of this section;2344

       (4) Train its employees on how to advise students on career 2345
pathways, including training on advising students using online 2346
tools;2347

       (5) Develop multiple, clear academic pathways through high 2348
school that students may choose in order to earn a high school 2349
diploma;2350

       (6) Identify and publicize courses that can award students 2351
both traditional academic and career-technical credit;2352

       (7) Document the career advising provided to each student for 2353
review by the student, the student's parent, guardian, or 2354
custodian, and future schools that the student may attend. A 2355
district shall not otherwise release this information without the 2356
written consent of the student's parent, guardian, or custodian, 2357
if the student is less than eighteen years old, or the written 2358
consent of the student, if the student is at least eighteen years 2359
old.2360

       (8) Prepare students for their transition from high school to 2361
their post-secondary destinations, including any special 2362
interventions that are necessary for students in need of 2363
remediation in mathematics or English language arts.2364

       (C)(1) Each district shall identify students who are at risk 2365
of dropping out of school using a method that is both 2366
research-based and locally-based. If a student is identified as at 2367
risk of dropping out of school, the district shall develop a 2368
student success plan that addresses the student's academic pathway 2369
to a successful graduation and the role of career-technical 2370
education, competency-based education, and experiential learning, 2371
as appropriate, in that pathway.2372

       (2) Prior to developing a student success plan for a student, 2373
the district shall invite the student's parent, guardian, or 2374
custodian to assist in developing the plan. If the student's 2375
parent, guardian, or custodian does not participate in the 2376
development of the plan, the district shall provide to the parent, 2377
guardian, or custodian a copy of the student's success plan and a 2378
statement of the importance of a high school diploma and the 2379
academic pathways available to the student in order to 2380
successfully graduate.2381

       (3) Following the development of a student success plan for a 2382
student, the district shall provide career advising to the student 2383
that is aligned with the plan and the district's plan to provide 2384
career advising created under division (B)(2) of this section.2385

       (D) Not later than September 30, 2014, the department of 2386
education shall develop and post on its web site model policies on 2387
career advising and model student success plans.2388

       Sec. 3313.6016.  (A) Beginning in the 2011-2012 school year, 2389
the department of education shall administer a pilot program 2390
requiring daily physical activity for students. Any school 2391
district; community school established under Chapter 3314. of the 2392
Revised Code; science, technology, engineering, and mathematics 2393
school established under Chapter 3326. of the Revised Code; or 2394
chartered nonpublic school annually may elect to participate in 2395
the pilot program by notifying the department of its interest by a 2396
date established by the department. If a school district elects to 2397
participate in the pilot program, the district shall select one or 2398
more school buildings to participate in the program. To the 2399
maximum extent possible, the department shall seek to include in 2400
the pilot program districts and schools that are located in urban, 2401
suburban, and rural areas distributed geographically throughout 2402
the state. The department shall administer the pilot program in 2403
accordance with this section.2404

       (B) Except as provided in division (C) of this section, each 2405
district or school participating in the pilot program shall 2406
require all students in the school building selected under 2407
division (A) of this section to engage in at least thirty minutes 2408
of moderate to rigorous physical activity each school day or at 2409
least one hundred fifty minutes of moderate to rigorous physical 2410
activity each week, exclusive of recess. Physical activity engaged 2411
in during the following may count toward the daily requirement:2412

       (1) A physical education course;2413

       (2) A program or activity occurring before or after the 2414
regular school day, as defined in section 3313.814 of the Revised 2415
Code, that is sponsored or approved by the school of attendance, 2416
provided school officials are able to monitor students' 2417
participation to ensure compliance with the requirement.2418

       (C) None of the following shall be subject to the requirement 2419
of division (B) of this section:2420

       (1) Any student enrolled in the post-secondary enrollment 2421
optionscollege credit plus program established under Chapter 2422
3365. of the Revised Code;2423

       (2) Any student enrolled in a career-technical education 2424
program operated by the district or school;2425

       (3) Any student enrolled in a dropout prevention and recovery 2426
program operated by the district or school.2427

       (D) For any period in which a student is participating in 2428
interscholastic athletics, marching band, cheerleading, or a 2429
junior reserve officer training corps program, the district or 2430
school may excuse the student from the requirement of division (B) 2431
of this section.2432

       (E) The district or school may excuse any kindergarten 2433
student who is not enrolled in all-day kindergarten, as defined in 2434
section 3321.05 of the Revised Code, from the requirement of 2435
division (B) of this section.2436

       (F) Each district or school annually shall report to the 2437
department, in the manner prescribed by the department, how the 2438
district or school implemented the thirty minutes of daily 2439
physical activity and the financial costs of implementation. The 2440
department shall issue an annual report of the data collected 2441
under this division.2442

       Sec. 3313.90.  As used in this section, "formula ADM" has the 2443
same meaning as in section 3317.02 of the Revised Code. 2444
Notwithstanding division (D) of section 3311.19 and division (D) 2445
of section 3311.52 of the Revised Code, the provisions of this 2446
section that apply to a city school district do not apply to any 2447
joint vocational or cooperative education school district.2448

       (A) EachExcept as provided in division (B) of this section, 2449
each city, local, and exempted village school district shall, by 2450
one of the following means, provide vocationalto students 2451
enrolled in grades seven through twelve career-technical education 2452
adequate to prepare a pupilstudent enrolled therein for an 2453
occupation:2454

       (1) Establishing and maintaining a vocational2455
career-technical education program that meets standards adopted by 2456
the state board of education;2457

       (2) Being a member of a joint vocational school district that 2458
meets standards adopted by the state board;2459

       (3) Contracting for vocationalcareer-technical education 2460
with a joint vocational school district or another school district 2461
that meets the standards adopted by the state board.2462

       The standards of the state board of education shall include 2463
criteria for the participation by nonpublic students in vocational2464
career-technical education programs without financial assessment, 2465
charge, or tuition to such student except such assessments, 2466
charges, or tuition paid by resident public school students in 2467
such programs. Such nonpublic school students shall be included in 2468
the formula ADM of the school district maintaining the vocational2469
career-technical education program as part-time students in 2470
proportion to the time spent in the vocationalcareer-technical2471
education program.2472

       By the thirtieth day of October of each year, the 2473
superintendent of public instruction shall determine and certify 2474
to the superintendent of each school district subject to this 2475
section either that the district is in compliance with the 2476
requirements of this section for the current school year or that 2477
the district is not in compliance. If the superintendent certifies 2478
that the district is not in compliance, he shall notify the board 2479
of education of the district of the actions necessary to bring the 2480
district into compliance with this section.2481

       In meeting standards established by the state board of 2482
education, school districts, where practicable, shall provide2483
vocationalcareer-technical education programs in high schools. A 2484
minimum enrollment of fifteen hundred pupilsstudents in grades 2485
nine through twelve is established as a base for comprehensive 2486
vocationalcareer-technical education course offerings. Beginning 2487
with the 2014-2015 school year, this base shall increase to a 2488
minimum enrollment of two thousand two hundred fifty students in 2489
grades seven through twelve. A school district may meet this 2490
requirement alone, through a cooperative arrangement pursuant to 2491
section 3313.92 of the Revised Code, through school district 2492
consolidation, by membership in a joint vocational school 2493
district, by contract with a school district, by contract with a 2494
school licensed by any state agency established by the Revised 2495
Code which school operates its courses offered for contracting 2496
with public schools under standards as to staffing and facilities 2497
comparable to those prescribed by the state board of education for 2498
public schools provided no instructor in such courses shall be 2499
required to be certificated by the state department of education, 2500
or in a combination of such ways. Exceptions to the minimum 2501
requirement of fifteen hundred pupilsenrollment prescribed by 2502
this section may be made by the state board of education based on 2503
sparsity of population or other factors indicating that 2504
comprehensive educational and vocationalcareer-technical 2505
education programs as required by this section can be provided 2506
through an alternate plan.2507

       (B) Approval of state funds for the construction and 2508
operation of vocational facilities in any city, local, or exempted 2509
village school district shall be contingent upon a comprehensive 2510
vocational program plan approved by the state board of education 2511
no later than July 1, 1970. The state board of education shall not 2512
approve a school district plan unless the plan proposed reasonably 2513
meets the vocational needs of other school districts in the 2514
general area of the school districts in the general area of the 2515
school district submitting the plan. The plan shall be submitted 2516
to the state board of education no later than April 1, 1970. Such 2517
plan shall contain:2518

       (1) The organization for vocational education pursuant to the 2519
requirements of this section;2520

       (2) Vocational programs to be offered in the respective 2521
comprehensive high schools, in specialized schools or skill 2522
centers, and in joint vocational schools;2523

       (3) Remodeled, additional, and new vocational facilities 2524
required at the respective locations.2525

       In approving the organization for vocational education the 2526
state board of education shall provide that no city, local, or 2527
exempted village school district is excluded in the statewide plan2528
For any particular school year, the board of education of a city, 2529
local, or exempted village school district may obtain from the 2530
department a waiver from the requirement to provide 2531
career-technical education to students enrolled in grades seven 2532
and eight by doing both of the following:2533

       (1) Adopting, at a regularly scheduled board meeting, a 2534
resolution to request the waiver;2535

       (2) Submitting a copy of the resolution to the department by 2536
the thirtieth day of September of the school year for which 2537
career-technical education will not be provided to students 2538
enrolled in grades seven and eight.2539

       Sec. 3314.08.  (A) As used in this section:2540

       (1)(a) "Category one career-technical education student" 2541
means a student who is receiving the career-technical education 2542
services described in division (A) of section 3317.014 of the 2543
Revised Code.2544

       (b) "Category two career-technical student" means a student 2545
who is receiving the career-technical education services described 2546
in division (B) of section 3317.014 of the Revised Code.2547

       (c) "Category three career-technical student" means a student 2548
who is receiving the career-technical education services described 2549
in division (C) of section 3317.014 of the Revised Code.2550

       (d) "Category four career-technical student" means a student 2551
who is receiving the career-technical education services described 2552
in division (D) of section 3317.014 of the Revised Code.2553

       (e) "Category five career-technical education student" means 2554
a student who is receiving the career-technical education services 2555
described in division (E) of section 3317.014 of the Revised Code.2556

       (2)(a) "Category one limited English proficient student" 2557
means a limited English proficient student described in division 2558
(A) of section 3317.016 of the Revised Code.2559

       (b) "Category two limited English proficient student" means a 2560
limited English proficient student described in division (B) of 2561
section 3317.016 of the Revised Code.2562

       (c) "Category three limited English proficient student" means 2563
a limited English proficient student described in division (C) of 2564
section 3317.016 of the Revised Code.2565

       (3)(a) "Category one special education student" means a 2566
student who is receiving special education services for a 2567
disability specified in division (A) of section 3317.013 of the 2568
Revised Code.2569

       (b) "Category two special education student" means a student 2570
who is receiving special education services for a disability 2571
specified in division (B) of section 3317.013 of the Revised Code.2572

       (c) "Category three special education student" means a 2573
student who is receiving special education services for a 2574
disability specified in division (C) of section 3317.013 of the 2575
Revised Code.2576

       (d) "Category four special education student" means a student 2577
who is receiving special education services for a disability 2578
specified in division (D) of section 3317.013 of the Revised Code.2579

       (e) "Category five special education student" means a student 2580
who is receiving special education services for a disability 2581
specified in division (E) of section 3317.013 of the Revised Code.2582

       (f) "Category six special education student" means a student 2583
who is receiving special education services for a disability 2584
specified in division (F) of section 3317.013 of the Revised Code.2585

       (4) "Formula amount" has the same meaning as in section 2586
3317.02 of the Revised Code.2587

       (5) "IEP" has the same meaning as in section 3323.01 of the 2588
Revised Code.2589

       (6) "Resident district" means the school district in which a 2590
student is entitled to attend school under section 3313.64 or 2591
3313.65 of the Revised Code.2592

       (7) "State education aid" has the same meaning as in section 2593
5751.20 of the Revised Code.2594

       (B) The state board of education shall adopt rules requiring 2595
both of the following:2596

       (1) The board of education of each city, exempted village, 2597
and local school district to annually report the number of 2598
students entitled to attend school in the district who are 2599
enrolled in each grade kindergarten through twelve in a community 2600
school established under this chapter, and for each child, the 2601
community school in which the child is enrolled.2602

       (2) The governing authority of each community school 2603
established under this chapter to annually report all of the 2604
following:2605

       (a) The number of students enrolled in grades one through 2606
twelve and the full-time equivalent number of students enrolled in 2607
kindergarten in the school who are not receiving special education 2608
and related services pursuant to an IEP;2609

       (b) The number of enrolled students in grades one through 2610
twelve and the full-time equivalent number of enrolled students in 2611
kindergarten, who are receiving special education and related 2612
services pursuant to an IEP;2613

       (c) The number of students reported under division (B)(2)(b) 2614
of this section receiving special education and related services 2615
pursuant to an IEP for a disability described in each of divisions 2616
(A) to (F) of section 3317.013 of the Revised Code;2617

       (d) The full-time equivalent number of students reported 2618
under divisions (B)(2)(a) and (b) of this section who are enrolled 2619
in career-technical education programs or classes described in 2620
each of divisions (A) to (E) of section 3317.014 of the Revised 2621
Code that are provided by the community school;2622

       (e) Twenty per cent of the number of students reported under 2623
divisions (B)(2)(a) and (b) of this section who are not reported 2624
under division (B)(2)(d) of this section but who are enrolled in 2625
career-technical education programs or classes described in each 2626
of divisions (A) to (E) of section 3317.014 of the Revised Code at 2627
a joint vocational school district or another district in the 2628
career-technical planning district to which the school is 2629
assigned;2630

       (f) The number of students reported under divisions (B)(2)(a) 2631
and (b) of this section who are category one to three limited 2632
English proficient students described in each of divisions (A) to 2633
(C) of section 3317.016 of the Revised Code;2634

       (g) The number of students reported under divisions (B)(2)(a) 2635
and (b) who are economically disadvantaged, as defined by the 2636
department. A student shall not be categorically excluded from the 2637
number reported under division (B)(2)(g) of this section based on 2638
anything other than family income.2639

       (h) For each student, the city, exempted village, or local 2640
school district in which the student is entitled to attend school 2641
under section 3313.64 or 3313.65 of the Revised Code.2642

       A school district board and a community school governing 2643
authority shall include in their respective reports under division 2644
(B) of this section any child admitted in accordance with division 2645
(A)(2) of section 3321.01 of the Revised Code.2646

        A governing authority of a community school shall not include 2647
in its report under division (B)(2) of this section any student 2648
for whom tuition is charged under division (F) of this section.2649

       (C)(1) Except as provided in division (C)(2) of this section, 2650
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 2651
section, on a full-time equivalency basis, for each student 2652
enrolled in a community school established under this chapter, the 2653
department of education annually shall deduct from the state 2654
education aid of a student's resident district and, if necessary, 2655
from the payment made to the district under sections 321.24 and 2656
323.156 of the Revised Code and pay to the community school the 2657
sum of the following:2658

       (a) An opportunity grant in an amount equal to the formula 2659
amount;2660

       (b) The per pupil amount of targeted assistance funds 2661
calculated under division (A) of section 3317.0217 of the Revised 2662
Code for the student's resident district, as determined by the 2663
department, X 0.25;2664

       (c) Additional state aid for special education and related 2665
services provided under Chapter 3323. of the Revised Code as 2666
follows:2667

       (i) If the student is a category one special education 2668
student, the amount specified in division (A) of section 3317.013 2669
of the Revised Code;2670

       (ii) If the student is a category two special education 2671
student, the amount specified in division (B) of section 3317.013 2672
of the Revised Code;2673

       (iii) If the student is a category three special education 2674
student, the amount specified in division (C) of section 3317.013 2675
of the Revised Code;2676

       (iv) If the student is a category four special education 2677
student, the amount specified in division (D) of section 3317.013 2678
of the Revised Code;2679

       (v) If the student is a category five special education 2680
student, the amount specified in division (E) of section 3317.013 2681
of the Revised Code;2682

       (vi) If the student is a category six special education 2683
student, the amount specified in division (F) of section 3317.013 2684
of the Revised Code.2685

       (d) If the student is in kindergarten through third grade, an 2686
additional amount of $211, in fiscal year 2014, and $290, in 2687
fiscal year 2015;2688

       (e) If the student is economically disadvantaged, an 2689
additional amount equal to the following:2690

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 2691
(the resident district's economically disadvantaged index)2692

       (f) Limited English proficiency funds as follows:2693

       (i) If the student is a category one limited English 2694
proficient student, the amount specified in division (A) of 2695
section 3317.016 of the Revised Code;2696

       (ii) If the student is a category two limited English 2697
proficient student, the amount specified in division (B) of 2698
section 3317.016 of the Revised Code;2699

       (iii) If the student is a category three limited English 2700
proficient student, the amount specified in division (C) of 2701
section 3317.016 of the Revised Code.2702

       (g) Career-technical education funds as follows:2703

       (i) If the student is a category one career-technical 2704
education student, the amount specified in division (A) of section 2705
3317.014 of the Revised Code;2706

       (ii) If the student is a category two career-technical 2707
education student, the amount specified in division (B) of section 2708
3317.014 of the Revised Code;2709

       (iii) If the student is a category three career-technical 2710
education student, the amount specified in division (C) of section 2711
3317.014 of the Revised Code;2712

       (iv) If the student is a category four career-technical 2713
education student, the amount specified in division (D) of section 2714
3317.014 of the Revised Code;2715

       (v) If the student is a category five career-technical 2716
education student, the amount specified in division (E) of section 2717
3317.014 of the Revised Code.2718

       Deduction and payment of funds under division (C)(1)(g) of 2719
this section is subject to approval by the lead district of a 2720
career-technical planning district or the department of education 2721
under section 3317.161 of the Revised Code.2722

       (2) When deducting from the state education aid of a 2723
student's resident district for students enrolled in an internet- 2724
or computer-based community school and making payments to such 2725
school under this section, the department shall make the 2726
deductions and payments described in only divisions (C)(1)(a), 2727
(c), and (g) of this section.2728

       No deductions or payments shall be made for a student 2729
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 2730
of this section.2731

       (3)(a) If a community school's costs for a fiscal year for a 2732
student receiving special education and related services pursuant 2733
to an IEP for a disability described in divisions (B) to (F) of 2734
section 3317.013 of the Revised Code exceed the threshold 2735
catastrophic cost for serving the student as specified in division 2736
(B) of section 3317.0214 of the Revised Code, the school may 2737
submit to the superintendent of public instruction documentation, 2738
as prescribed by the superintendent, of all its costs for that 2739
student. Upon submission of documentation for a student of the 2740
type and in the manner prescribed, the department shall pay to the 2741
community school an amount equal to the school's costs for the 2742
student in excess of the threshold catastrophic costs.2743

       (b) The community school shall report under division 2744
(C)(3)(a) of this section, and the department shall pay for, only 2745
the costs of educational expenses and the related services 2746
provided to the student in accordance with the student's 2747
individualized education program. Any legal fees, court costs, or 2748
other costs associated with any cause of action relating to the 2749
student may not be included in the amount.2750

       (4) In any fiscal year, a community school receiving funds 2751
under division (C)(1)(g) of this section shall spend those funds 2752
only for the purposes that the department designates as approved 2753
for career-technical education expenses. Career-technical 2754
educationaleducation expenses approved by the department shall 2755
include only expenses connected to the delivery of 2756
career-technical programming to career-technical students. The 2757
department shall require the school to report data annually so 2758
that the department may monitor the school's compliance with the 2759
requirements regarding the manner in which funding received under 2760
division (C)(1)(g) of this section may be spent.2761

       (5) All funds received under division (C)(1)(g) of this 2762
section shall be spent in the following manner:2763

       (a) At least seventy-five per cent of the funds shall be 2764
spent on curriculum development, purchase, and implementation; 2765
instructional resources and supplies; industry-based program 2766
certification; student assessment, credentialing, and placement; 2767
curriculum specific equipment purchases and leases; 2768
career-technical student organization fees and expenses; home and 2769
agency linkages; work-based learning experiences; professional 2770
development; and other costs directly associated with 2771
career-technical education programs including development of new 2772
programs.2773

       (b) Not more than twenty-five per cent of the funds shall be 2774
used for personnel expenditures.2775

       (6) A community school shall spend the funds it receives 2776
under division (C)(1)(e) of this section in accordance with 2777
section 3317.25 of the Revised Code. 2778

       (7) If the sum of the payments computed under division (C)(1) 2779
of this section for the students entitled to attend school in a 2780
particular school district under sections 3313.64 and 3313.65 of 2781
the Revised Code exceeds the sum of that district's state 2782
education aid and its payment under sections 321.24 and 323.156 of 2783
the Revised Code, the department shall calculate and apply a 2784
proration factor to the payments to all community schools under 2785
that division for the students entitled to attend school in that 2786
district.2787

       (D) A board of education sponsoring a community school may 2788
utilize local funds to make enhancement grants to the school or 2789
may agree, either as part of the contract or separately, to 2790
provide any specific services to the community school at no cost 2791
to the school.2792

       (E) A community school may not levy taxes or issue bonds 2793
secured by tax revenues.2794

       (F) No community school shall charge tuition for the 2795
enrollment of any student who is a resident of this state. A 2796
community school may charge tuition for the enrollment of any 2797
student who is not a resident of this state.2798

       (G)(1)(a) A community school may borrow money to pay any 2799
necessary and actual expenses of the school in anticipation of the 2800
receipt of any portion of the payments to be received by the 2801
school pursuant to division (C) of this section. The school may 2802
issue notes to evidence such borrowing. The proceeds of the notes 2803
shall be used only for the purposes for which the anticipated 2804
receipts may be lawfully expended by the school.2805

       (b) A school may also borrow money for a term not to exceed 2806
fifteen years for the purpose of acquiring facilities.2807

       (2) Except for any amount guaranteed under section 3318.50 of 2808
the Revised Code, the state is not liable for debt incurred by the 2809
governing authority of a community school.2810

       (H) The department of education shall adjust the amounts 2811
subtracted and paid under division (C) of this section to reflect 2812
any enrollment of students in community schools for less than the 2813
equivalent of a full school year. The state board of education 2814
within ninety days after April 8, 2003, shall adopt in accordance 2815
with Chapter 119. of the Revised Code rules governing the payments 2816
to community schools under this section including initial payments 2817
in a school year and adjustments and reductions made in subsequent 2818
periodic payments to community schools and corresponding 2819
deductions from school district accounts as provided under 2820
division (C) of this section. For purposes of this section:2821

       (1) A student shall be considered enrolled in the community 2822
school for any portion of the school year the student is 2823
participating at a college under Chapter 3365. of the Revised 2824
Code.2825

       (2) A student shall be considered to be enrolled in a 2826
community school for the period of time beginning on the later of 2827
the date on which the school both has received documentation of 2828
the student's enrollment from a parent and the student has 2829
commenced participation in learning opportunities as defined in 2830
the contract with the sponsor, or thirty days prior to the date on 2831
which the student is entered into the education management 2832
information system established under section 3301.0714 of the 2833
Revised Code. For purposes of applying this division and divisions 2834
(H)(3) and (4) of this section to a community school student, 2835
"learning opportunities" shall be defined in the contract, which 2836
shall describe both classroom-based and non-classroom-based 2837
learning opportunities and shall be in compliance with criteria 2838
and documentation requirements for student participation which 2839
shall be established by the department. Any student's instruction 2840
time in non-classroom-based learning opportunities shall be 2841
certified by an employee of the community school. A student's 2842
enrollment shall be considered to cease on the date on which any 2843
of the following occur:2844

        (a) The community school receives documentation from a parent 2845
terminating enrollment of the student.2846

        (b) The community school is provided documentation of a 2847
student's enrollment in another public or private school.2848

        (c) The community school ceases to offer learning 2849
opportunities to the student pursuant to the terms of the contract 2850
with the sponsor or the operation of any provision of this 2851
chapter.2852

       Except as otherwise specified in this paragraph, beginning in 2853
the 2011-2012 school year, any student who completed the prior 2854
school year in an internet- or computer-based community school 2855
shall be considered to be enrolled in the same school in the 2856
subsequent school year until the student's enrollment has ceased 2857
as specified in division (H)(2) of this section. The department 2858
shall continue subtracting and paying amounts for the student 2859
under division (C) of this section without interruption at the 2860
start of the subsequent school year. However, if the student 2861
without a legitimate excuse fails to participate in the first one 2862
hundred five consecutive hours of learning opportunities offered 2863
to the student in that subsequent school year, the student shall 2864
be considered not to have re-enrolled in the school for that 2865
school year and the department shall recalculate the payments to 2866
the school for that school year to account for the fact that the 2867
student is not enrolled.2868

        (3) The department shall determine each community school 2869
student's percentage of full-time equivalency based on the 2870
percentage of learning opportunities offered by the community 2871
school to that student, reported either as number of hours or 2872
number of days, is of the total learning opportunities offered by 2873
the community school to a student who attends for the school's 2874
entire school year. However, no internet- or computer-based 2875
community school shall be credited for any time a student spends 2876
participating in learning opportunities beyond ten hours within 2877
any period of twenty-four consecutive hours. Whether it reports 2878
hours or days of learning opportunities, each community school 2879
shall offer not less than nine hundred twenty hours of learning 2880
opportunities during the school year.2881

       (4) With respect to the calculation of full-time equivalency 2882
under division (H)(3) of this section, the department shall waive 2883
the number of hours or days of learning opportunities not offered 2884
to a student because the community school was closed during the 2885
school year due to disease epidemic, hazardous weather conditions, 2886
law enforcement emergencies, inoperability of school buses or 2887
other equipment necessary to the school's operation, damage to a 2888
school building, or other temporary circumstances due to utility 2889
failure rendering the school building unfit for school use, so 2890
long as the school was actually open for instruction with students 2891
in attendance during that school year for not less than the 2892
minimum number of hours required by this chapter. The department 2893
shall treat the school as if it were open for instruction with 2894
students in attendance during the hours or days waived under this 2895
division.2896

       (I) The department of education shall reduce the amounts paid 2897
under this section to reflect payments made to colleges under 2898
division (B) of section 3365.07 of the Revised Code or through 2899
alternative funding agreements entered into under rules adopted 2900
under section 3365.12 of the Revised Code.2901

       (J)(1) No student shall be considered enrolled in any 2902
internet- or computer-based community school or, if applicable to 2903
the student, in any community school that is required to provide 2904
the student with a computer pursuant to division (C) of section 2905
3314.22 of the Revised Code, unless both of the following 2906
conditions are satisfied:2907

       (a) The student possesses or has been provided with all 2908
required hardware and software materials and all such materials 2909
are operational so that the student is capable of fully 2910
participating in the learning opportunities specified in the 2911
contract between the school and the school's sponsor as required 2912
by division (A)(23) of section 3314.03 of the Revised Code;2913

       (b) The school is in compliance with division (A) of section 2914
3314.22 of the Revised Code, relative to such student.2915

       (2) In accordance with policies adopted jointly by the 2916
superintendent of public instruction and the auditor of state, the 2917
department shall reduce the amounts otherwise payable under 2918
division (C) of this section to any community school that includes 2919
in its program the provision of computer hardware and software 2920
materials to any student, if such hardware and software materials 2921
have not been delivered, installed, and activated for each such 2922
student in a timely manner or other educational materials or 2923
services have not been provided according to the contract between 2924
the individual community school and its sponsor.2925

       The superintendent of public instruction and the auditor of 2926
state shall jointly establish a method for auditing any community 2927
school to which this division pertains to ensure compliance with 2928
this section.2929

       The superintendent, auditor of state, and the governor shall 2930
jointly make recommendations to the general assembly for 2931
legislative changes that may be required to assure fiscal and 2932
academic accountability for such schools.2933

       (K)(1) If the department determines that a review of a 2934
community school's enrollment is necessary, such review shall be 2935
completed and written notice of the findings shall be provided to 2936
the governing authority of the community school and its sponsor 2937
within ninety days of the end of the community school's fiscal 2938
year, unless extended for a period not to exceed thirty additional 2939
days for one of the following reasons:2940

        (a) The department and the community school mutually agree to 2941
the extension.2942

        (b) Delays in data submission caused by either a community 2943
school or its sponsor.2944

       (2) If the review results in a finding that additional 2945
funding is owed to the school, such payment shall be made within 2946
thirty days of the written notice. If the review results in a 2947
finding that the community school owes moneys to the state, the 2948
following procedure shall apply:2949

       (a) Within ten business days of the receipt of the notice of 2950
findings, the community school may appeal the department's 2951
determination to the state board of education or its designee.2952

        (b) The board or its designee shall conduct an informal 2953
hearing on the matter within thirty days of receipt of such an 2954
appeal and shall issue a decision within fifteen days of the 2955
conclusion of the hearing.2956

        (c) If the board has enlisted a designee to conduct the 2957
hearing, the designee shall certify its decision to the board. The 2958
board may accept the decision of the designee or may reject the 2959
decision of the designee and issue its own decision on the matter.2960

        (d) Any decision made by the board under this division is 2961
final.2962

        (3) If it is decided that the community school owes moneys to 2963
the state, the department shall deduct such amount from the 2964
school's future payments in accordance with guidelines issued by 2965
the superintendent of public instruction.2966

       (L) The department shall not subtract from a school 2967
district's state aid account and shall not pay to a community 2968
school under division (C) of this section any amount for any of 2969
the following:2970

        (1) Any student who has graduated from the twelfth grade of a 2971
public or nonpublic high school;2972

        (2) Any student who is not a resident of the state;2973

        (3) Any student who was enrolled in the community school 2974
during the previous school year when assessments were administered 2975
under section 3301.0711 of the Revised Code but did not take one 2976
or more of the assessments required by that section and was not 2977
excused pursuant to division (C)(1) or (3) of that section, unless 2978
the superintendent of public instruction grants the student a 2979
waiver from the requirement to take the assessment and a parent is 2980
not paying tuition for the student pursuant to section 3314.26 of 2981
the Revised Code. The superintendent may grant a waiver only for 2982
good cause in accordance with rules adopted by the state board of 2983
education.2984

       (4) Any student who has attained the age of twenty-two years, 2985
except for veterans of the armed services whose attendance was 2986
interrupted before completing the recognized twelve-year course of 2987
the public schools by reason of induction or enlistment in the 2988
armed forces and who apply for enrollment in a community school 2989
not later than four years after termination of war or their 2990
honorable discharge. If, however, any such veteran elects to 2991
enroll in special courses organized for veterans for whom tuition 2992
is paid under federal law, or otherwise, the department shall not 2993
subtract from a school district's state aid account and shall not 2994
pay to a community school under division (C) of this section any 2995
amount for that veteran.2996

       Sec. 3317.03.  (A) The superintendent of each city, local, 2997
and exempted village school district shall report to the state 2998
board of education as of the last day of October, March, and June 2999
of each year the enrollment of students receiving services from 3000
schools under the superintendent's supervision, and the numbers of 3001
other students entitled to attend school in the district under 3002
section 3313.64 or 3313.65 of the Revised Code the superintendent 3003
is required to report under this section, so that the department 3004
of education can calculate the district's formula ADM, total ADM, 3005
category one through five career-technical education ADM, category 3006
one through three limited English proficient ADM, category one 3007
through six special education ADM, preschool scholarship ADM, 3008
transportation ADM, and, for purposes of provisions of law outside 3009
of Chapter 3317. of the Revised Code, average daily membership. 3010

       (1) The enrollment reported by the superintendent during the 3011
reporting period shall consist of the number of students in grades 3012
kindergarten through twelve receiving any educational services 3013
from the district, except that the following categories of 3014
students shall not be included in the determination:3015

       (a) Students enrolled in adult education classes;3016

       (b) Adjacent or other district students enrolled in the 3017
district under an open enrollment policy pursuant to section 3018
3313.98 of the Revised Code;3019

       (c) Students receiving services in the district pursuant to a 3020
compact, cooperative education agreement, or a contract, but who 3021
are entitled to attend school in another district pursuant to 3022
section 3313.64 or 3313.65 of the Revised Code;3023

       (d) Students for whom tuition is payable pursuant to sections 3024
3317.081 and 3323.141 of the Revised Code;3025

       (e) Students receiving services in the district through a 3026
scholarship awarded under either section 3310.41 or sections 3027
3310.51 to 3310.64 of the Revised Code.3028

       When reporting students under division (A)(1) of this 3029
section, the superintendent also shall report the district where 3030
each student is entitled to attend school pursuant to sections 3031
3313.64 and 3313.65 of the Revised Code.3032

       (2) The department of education shall compile a list of all 3033
students reported to be enrolled in a district under division 3034
(A)(1) of this section and of the students entitled to attend 3035
school in the district pursuant to section 3313.64 or 3313.65 of 3036
the Revised Code on an FTE basis but receiving educational 3037
services in grades kindergarten through twelve from one or more of 3038
the following entities:3039

       (a) A community school pursuant to Chapter 3314. of the 3040
Revised Code, including any participation in a college pursuant to 3041
Chapter 3365. of the Revised Code while enrolled in such community 3042
school;3043

       (b) An alternative school pursuant to sections 3313.974 to 3044
3313.979 of the Revised Code as described in division (I)(2)(a) or 3045
(b) of this section;3046

       (c) A college pursuant to Chapter 3365. of the Revised Code, 3047
except when the student is enrolled in the college while also 3048
enrolled in a community school pursuant to Chapter 3314. or, a 3049
science, technology, engineering, and mathematics school 3050
established under Chapter 3326., or a college-preparatory boarding 3051
school established under Chapter 3328. of the Revised Code;3052

       (d) An adjacent or other school district under an open 3053
enrollment policy adopted pursuant to section 3313.98 of the 3054
Revised Code;3055

       (e) An educational service center or cooperative education 3056
district;3057

       (f) Another school district under a cooperative education 3058
agreement, compact, or contract;3059

       (g) A chartered nonpublic school with a scholarship paid 3060
under section 3310.08 of the Revised Code, if the students 3061
qualified for the scholarship under section 3310.03 of the Revised 3062
Code;3063

        (h) An alternative public provider or a registered private 3064
provider with a scholarship awarded under either section 3310.41 3065
or sections 3310.51 to 3310.64 of the Revised Code. 3066

       As used in this section, "alternative public provider" and 3067
"registered private provider" have the same meanings as in section 3068
3310.41 or 3310.51 of the Revised Code, as applicable.3069

       (i) A science, technology, engineering, and mathematics 3070
school established under Chapter 3326. of the Revised Code, 3071
including any participation in a college pursuant to Chapter 3365. 3072
of the Revised Code while enrolled in the school;3073

       (j) A college-preparatory boarding school established under 3074
Chapter 3328. of the Revised Code, including any participation in 3075
a college pursuant to Chapter 3365. of the Revised Code while 3076
enrolled in the school.3077

       (3) The department also shall compile a list of the students 3078
entitled to attend school in the district under section 3313.64 or 3079
3313.65 of the Revised Code who are enrolled in a joint vocational 3080
school district or under a career-technical education compact, 3081
excluding any students so entitled to attend school in the 3082
district who are enrolled in another school district through an 3083
open enrollment policy as reported under division (A)(2)(d) of 3084
this section and then enroll in a joint vocational school district 3085
or under a career-technical education compact.3086

       The department shall provide each city, local, and exempted 3087
village school district with an opportunity to review the list of 3088
students compiled under divisions (A)(2) and (3) of this section 3089
to ensure that the students reported accurately reflect the 3090
enrollment of students in the district.3091

       (B) To enable the department of education to obtain the data 3092
needed to complete the calculation of payments pursuant to this 3093
chapter, each superintendent shall certify from the reports 3094
provided by the department under division (A) of this section all 3095
of the following:3096

       (1) The total student enrollment in regular learning day 3097
classes included in the report under division (A)(1) or (2) of 3098
this section for each of the individual grades kindergarten 3099
through twelve in schools under the superintendent's supervision;3100

       (2) The unduplicated count of the number of preschool 3101
children with disabilities enrolled in the district for whom the 3102
district is eligible to receive funding under section 3317.0213 of 3103
the Revised Code adjusted for the portion of the year each child 3104
is so enrolled, in accordance with the disability categories 3105
prescribed in section 3317.013 of the Revised Code;3106

       (3) The number of children entitled to attend school in the 3107
district pursuant to section 3313.64 or 3313.65 of the Revised 3108
Code who are:3109

       (a) Participating in a pilot project scholarship program 3110
established under sections 3313.974 to 3313.979 of the Revised 3111
Code as described in division (I)(2)(a) or (b) of this section;3112

       (b) Enrolled in a college under Chapter 3365. of the Revised 3113
Code, except when the student is enrolled in the college while 3114
also enrolled in a community school pursuant to Chapter 3314. of 3115
the Revised Code or, a science, technology, engineering, and 3116
mathematics school established under Chapter 3326., or a 3117
college-preparatory boarding school established under Chapter 3118
3328. of the Revised Code;3119

       (c) Enrolled in an adjacent or other school district under 3120
section 3313.98 of the Revised Code;3121

       (d) Enrolled in a community school established under Chapter 3122
3314. of the Revised Code that is not an internet- or 3123
computer-based community school as defined in section 3314.02 of 3124
the Revised Code, including any participation in a college 3125
pursuant to Chapter 3365. of the Revised Code while enrolled in 3126
such community school;3127

       (e) Enrolled in an internet- or computer-based community 3128
school, as defined in section 3314.02 of the Revised Code, 3129
including any participation in a college pursuant to Chapter 3365. 3130
of the Revised Code while enrolled in the school;3131

        (f) Enrolled in a chartered nonpublic school with a 3132
scholarship paid under section 3310.08 of the Revised Code and who 3133
qualified for the scholarship under section 3310.03 of the Revised 3134
Code;3135

       (g) Enrolled in kindergarten through grade twelve in an 3136
alternative public provider or a registered private provider with 3137
a scholarship awarded under section 3310.41 of the Revised Code;3138

        (h) Enrolled as a preschool child with a disability in an 3139
alternative public provider or a registered private provider with 3140
a scholarship awarded under section 3310.41 of the Revised Code;3141

       (i) Participating in a program operated by a county DD board 3142
or a state institution;3143

       (j) Enrolled in a science, technology, engineering, and 3144
mathematics school established under Chapter 3326. of the Revised 3145
Code, including any participation in a college pursuant to Chapter 3146
3365. of the Revised Code while enrolled in the school;3147

       (k) Enrolled in a college-preparatory boarding school 3148
established under Chapter 3328. of the Revised Code, including any 3149
participation in a college pursuant to Chapter 3365. of the 3150
Revised Code while enrolled in the school;3151

       (l) Enrolled in an alternative public provider or a 3152
registered private provider with a scholarship awarded under 3153
sections 3310.51 to 3310.64 of the Revised Code.3154

       (4) The total enrollment of pupils in joint vocational 3155
schools;3156

       (5) The combined enrollment of children with disabilities 3157
reported under division (A)(1) or (2) of this section receiving 3158
special education services for the category one disability 3159
described in division (A) of section 3317.013 of the Revised Code, 3160
including children attending a special education program operated 3161
by an alternative public provider or a registered private provider 3162
with a scholarship awarded under sections 3310.51 to 3310.64 of 3163
the Revised Code;3164

       (6) The combined enrollment of children with disabilities 3165
reported under division (A)(1) or (2) of this section receiving 3166
special education services for category two disabilities described 3167
in division (B) of section 3317.013 of the Revised Code, including 3168
children attending a special education program operated by an 3169
alternative public provider or a registered private provider with 3170
a scholarship awarded under sections 3310.51 to 3310.64 of the 3171
Revised Code;3172

       (7) The combined enrollment of children with disabilities 3173
reported under division (A)(1) or (2) of this section receiving 3174
special education services for category three disabilities 3175
described in division (C) of section 3317.013 of the Revised Code, 3176
including children attending a special education program operated 3177
by an alternative public provider or a registered private provider 3178
with a scholarship awarded under sections 3310.51 to 3310.64 of 3179
the Revised Code;3180

       (8) The combined enrollment of children with disabilities 3181
reported under division (A)(1) or (2) of this section receiving 3182
special education services for category four disabilities 3183
described in division (D) of section 3317.013 of the Revised Code, 3184
including children attending a special education program operated 3185
by an alternative public provider or a registered private provider 3186
with a scholarship awarded under sections 3310.51 to 3310.64 of 3187
the Revised Code;3188

       (9) The combined enrollment of children with disabilities 3189
reported under division (A)(1) or (2) of this section receiving 3190
special education services for the category five disabilities 3191
described in division (E) of section 3317.013 of the Revised Code, 3192
including children attending a special education program operated 3193
by an alternative public provider or a registered private provider 3194
with a scholarship awarded under sections 3310.51 to 3310.64 of 3195
the Revised Code;3196

       (10) The combined enrollment of children with disabilities 3197
reported under division (A)(1) or (2) and under division (B)(3)(h) 3198
of this section receiving special education services for category 3199
six disabilities described in division (F) of section 3317.013 of 3200
the Revised Code, including children attending a special education 3201
program operated by an alternative public provider or a registered 3202
private provider with a scholarship awarded under either section 3203
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;3204

       (11) The enrollment of pupils reported under division (A)(1) 3205
or (2) of this section on a full-time equivalency basis in 3206
category one career-technical education programs or classes, 3207
described in division (A) of section 3317.014 of the Revised Code, 3208
operated by the school district or by another district that is a 3209
member of the district's career-technical planning district, other 3210
than a joint vocational school district, or by an educational 3211
service center, notwithstanding division (H) of section 3317.02 of 3212
the Revised Code and division (C)(3) of this section;3213

       (12) The enrollment of pupils reported under division (A)(1) 3214
or (2) of this section on a full-time equivalency basis in 3215
category two career-technical education programs or services, 3216
described in division (B) of section 3317.014 of the Revised Code, 3217
operated by the school district or another school district that is 3218
a member of the district's career-technical planning district, 3219
other than a joint vocational school district, or by an 3220
educational service center, notwithstanding division (H) of 3221
section 3317.02 of the Revised Code and division (C)(3) of this 3222
section;3223

       (13) The enrollment of pupils reported under division (A)(1) 3224
or (2) of this section on a full-time equivalency basis in 3225
category three career-technical education programs or services, 3226
described in division (C) of section 3317.014 of the Revised Code, 3227
operated by the school district or another school district that is 3228
a member of the district's career-technical planning district, 3229
other than a joint vocational school district, or by an 3230
educational service center, notwithstanding division (H) of 3231
section 3317.02 of the Revised Code and division (C)(3) of this 3232
section;3233

       (14) The enrollment of pupils reported under division (A)(1) 3234
or (2) of this section on a full-time equivalency basis in 3235
category four career-technical education programs or services, 3236
described in division (D) of section 3317.014 of the Revised Code, 3237
operated by the school district or another school district that is 3238
a member of the district's career-technical planning district, 3239
other than a joint vocational school district, or by an 3240
educational service center, notwithstanding division (H) of 3241
section 3317.02 of the Revised Code and division (C)(3) of this 3242
section;3243

       (15) The enrollment of pupils reported under division (A)(1) 3244
or (2) of this section on a full-time equivalency basis in 3245
category five career-technical education programs or services, 3246
described in division (E) of section 3317.014 of the Revised Code, 3247
operated by the school district or another school district that is 3248
a member of the district's career-technical planning district, 3249
other than a joint vocational school district, or by an 3250
educational service center, notwithstanding division (H) of 3251
section 3317.02 of the Revised Code and division (C)(3) of this 3252
section;3253

       (16) The enrollment of pupils reported under division (A)(1) 3254
or (2) of this section who are limited English proficient students 3255
described in division (A) of section 3317.016 of the Revised Code, 3256
excluding any student reported under division (B)(3)(e) of this 3257
section as enrolled in an internet- or computer-based community 3258
school;3259

       (17) The enrollment of pupils reported under division (A)(1) 3260
or (2) of this section who are limited English proficient students 3261
described in division (B) of section 3317.016 of the Revised Code, 3262
excluding any student reported under division (B)(3)(e) of this 3263
section as enrolled in an internet- or computer-based community 3264
school;3265

       (18) The enrollment of pupils reported under division (A)(1) 3266
or (2) of this section who are limited English proficient students 3267
described in division (C) of section 3317.016 of the Revised Code, 3268
excluding any student reported under division (B)(3)(e) of this 3269
section as enrolled in an internet- or computer-based community 3270
school;3271

       (19) The average number of children transported during the 3272
reporting period by the school district on board-owned or 3273
contractor-owned and -operated buses, reported in accordance with 3274
rules adopted by the department of education;3275

       (20)(a) The number of children, other than preschool children 3276
with disabilities, the district placed with a county DD board in 3277
fiscal year 1998. Division (B)(20)(a) of this section does not 3278
apply after fiscal year 2013.3279

       (b) The number of children with disabilities, other than 3280
preschool children with disabilities, placed with a county DD 3281
board in the current fiscal year to receive special education 3282
services for the category one disability described in division (A) 3283
of section 3317.013 of the Revised Code;3284

       (c) The number of children with disabilities, other than 3285
preschool children with disabilities, placed with a county DD 3286
board in the current fiscal year to receive special education 3287
services for category two disabilities described in division (B) 3288
of section 3317.013 of the Revised Code;3289

       (d) The number of children with disabilities, other than 3290
preschool children with disabilities, placed with a county DD 3291
board in the current fiscal year to receive special education 3292
services for category three disabilities described in division (C) 3293
of section 3317.013 of the Revised Code;3294

       (e) The number of children with disabilities, other than 3295
preschool children with disabilities, placed with a county DD 3296
board in the current fiscal year to receive special education 3297
services for category four disabilities described in division (D) 3298
of section 3317.013 of the Revised Code;3299

       (f) The number of children with disabilities, other than 3300
preschool children with disabilities, placed with a county DD 3301
board in the current fiscal year to receive special education 3302
services for the category five disabilities described in division 3303
(E) of section 3317.013 of the Revised Code;3304

       (g) The number of children with disabilities, other than 3305
preschool children with disabilities, placed with a county DD 3306
board in the current fiscal year to receive special education 3307
services for category six disabilities described in division (F) 3308
of section 3317.013 of the Revised Code.3309

       (21) The enrollment of students who are economically 3310
disadvantaged, as defined by the department, excluding any student 3311
reported under division (B)(3)(e) of this section as enrolled in 3312
an internet- or computer-based community school. A student shall 3313
not be categorically excluded from the number reported under 3314
division (B)(21) of this section based on anything other than 3315
family income.3316

       (C)(1) The state board of education shall adopt rules 3317
necessary for implementing divisions (A), (B), and (D) of this 3318
section. 3319

       (2) A student enrolled in a community school established 3320
under Chapter 3314., a science, technology, engineering, and 3321
mathematics school established under Chapter 3326., or a 3322
college-preparatory boarding school established under Chapter 3323
3328. of the Revised Code shall be counted in the formula ADM and, 3324
if applicable, the category one, two, three, four, five, or six 3325
special education ADM of the school district in which the student 3326
is entitled to attend school under section 3313.64 or 3313.65 of 3327
the Revised Code for the same proportion of the school year that 3328
the student is counted in the enrollment of the community school, 3329
the science, technology, engineering, and mathematics school, or 3330
the college-preparatory boarding school for purposes of section 3331
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding 3332
the enrollment of students certified pursuant to division 3333
(B)(3)(d), (e), (j), or (k) of this section, the department may 3334
adjust the formula ADM of a school district to account for 3335
students entitled to attend school in the district under section 3336
3313.64 or 3313.65 of the Revised Code who are enrolled in a 3337
community school, a science, technology, engineering, and 3338
mathematics school, or a college-preparatory boarding school for 3339
only a portion of the school year.3340

        (3) No child shall be counted as more than a total of one 3341
child in the sum of the enrollment of students of a school 3342
district under division (A), divisions (B)(1) to (22), or division 3343
(D) of this section, except as follows:3344

       (a) A child with a disability described in section 3317.013 3345
of the Revised Code may be counted both in formula ADM and in 3346
category one, two, three, four, five, or six special education ADM 3347
and, if applicable, in category one, two, three, four, or five 3348
career-technical education ADM. As provided in division (H) of 3349
section 3317.02 of the Revised Code, such a child shall be counted 3350
in category one, two, three, four, five, or six special education 3351
ADM in the same proportion that the child is counted in formula 3352
ADM.3353

       (b) A child enrolled in career-technical education programs 3354
or classes described in section 3317.014 of the Revised Code may 3355
be counted both in formula ADM and category one, two, three, four, 3356
or five career-technical education ADM and, if applicable, in 3357
category one, two, three, four, five, or six special education 3358
ADM. Such a child shall be counted in category one, two, three, 3359
four, or five career-technical education ADM in the same 3360
proportion as the percentage of time that the child spends in the 3361
career-technical education programs or classes.3362

       (4) Based on the information reported under this section, the 3363
department of education shall determine the total student count, 3364
as defined in section 3301.011 of the Revised Code, for each 3365
school district.3366

       (D)(1) The superintendent of each joint vocational school 3367
district shall report and certify to the superintendent of public 3368
instruction as of the last day of October, March, and June of each 3369
year the enrollment of students receiving services from schools 3370
under the superintendent's supervision so that the department can 3371
calculate the district's formula ADM, total ADM, category one 3372
through five career-technical education ADM, category one through 3373
three limited English proficient ADM, category one through six 3374
special education ADM, and for purposes of provisions of law 3375
outside of Chapter 3317. of the Revised Code, average daily 3376
membership.3377

       The enrollment reported and certified by the superintendent, 3378
except as otherwise provided in this division, shall consist of 3379
the the number of students in grades six through twelve receiving 3380
any educational services from the district, except that the 3381
following categories of students shall not be included in the 3382
determination:3383

       (a) Students enrolled in adult education classes;3384

       (b) Adjacent or other district joint vocational students 3385
enrolled in the district under an open enrollment policy pursuant 3386
to section 3313.98 of the Revised Code;3387

       (c) Students receiving services in the district pursuant to a 3388
compact, cooperative education agreement, or a contract, but who 3389
are entitled to attend school in a city, local, or exempted 3390
village school district whose territory is not part of the 3391
territory of the joint vocational district;3392

       (d) Students for whom tuition is payable pursuant to sections 3393
3317.081 and 3323.141 of the Revised Code.3394

       (2) To enable the department of education to obtain the data 3395
needed to complete the calculation of payments pursuant to this 3396
chapter, each superintendent shall certify from the report 3397
provided under division (D)(1) of this section the enrollment for 3398
each of the following categories of students:3399

       (a) Students enrolled in each individual grade included in 3400
the joint vocational district schools;3401

       (b) Children with disabilities receiving special education 3402
services for the category one disability described in division (A) 3403
of section 3317.013 of the Revised Code;3404

       (c) Children with disabilities receiving special education 3405
services for the category two disabilities described in division 3406
(B) of section 3317.013 of the Revised Code;3407

       (d) Children with disabilities receiving special education 3408
services for category three disabilities described in division (C) 3409
of section 3317.013 of the Revised Code;3410

       (e) Children with disabilities receiving special education 3411
services for category four disabilities described in division (D) 3412
of section 3317.013 of the Revised Code;3413

       (f) Children with disabilities receiving special education 3414
services for the category five disabilities described in division 3415
(E) of section 3317.013 of the Revised Code;3416

       (g) Children with disabilities receiving special education 3417
services for category six disabilities described in division (F) 3418
of section 3317.013 of the Revised Code;3419

       (h) Students receiving category one career-technical 3420
education services, described in division (A) of section 3317.014 3421
of the Revised Code;3422

       (i) Students receiving category two career-technical 3423
education services, described in division (B) of section 3317.014 3424
of the Revised Code;3425

       (j) Students receiving category three career-technical 3426
education services, described in division (C) of section 3317.014 3427
of the Revised Code;3428

       (k) Students receiving category four career-technical 3429
education services, described in division (D) of section 3317.014 3430
of the Revised Code;3431

       (l) Students receiving category five career-technical 3432
education services, described in division (E) of section 3317.014 3433
of the Revised Code;3434

        (m) Limited English proficient students described in division 3435
(A) of section 3317.016 of the Revised Code;3436

       (n) Limited English proficient students described in division 3437
(B) of section 3317.016 of the Revised Code;3438

       (o) Limited English proficient students described in division 3439
(C) of section 3317.016 of the Revised Code;3440

       (p) Students who are economically disadvantaged, as defined 3441
by the department. A student shall not be categorically excluded 3442
from the number reported under division (D)(2)(p) of this section 3443
based on anything other than family income.3444

       The superintendent of each joint vocational school district 3445
shall also indicate the city, local, or exempted village school 3446
district in which each joint vocational district pupil is entitled 3447
to attend school pursuant to section 3313.64 or 3313.65 of the 3448
Revised Code.3449

       (E) In each school of each city, local, exempted village, 3450
joint vocational, and cooperative education school district there 3451
shall be maintained a record of school enrollment, which record 3452
shall accurately show, for each day the school is in session, the 3453
actual enrollment in regular day classes. For the purpose of 3454
determining the enrollment of students, the enrollment figure of 3455
any school shall not include any pupils except those pupils 3456
described by division (A) of this section. The record of 3457
enrollment for each school shall be maintained in such manner that 3458
no pupil shall be counted as enrolled prior to the actual date of 3459
entry in the school and also in such manner that where for any 3460
cause a pupil permanently withdraws from the school that pupil 3461
shall not be counted as enrolled from and after the date of such 3462
withdrawal. There shall not be included in the enrollment of any 3463
school any of the following:3464

       (1) Any pupil who has graduated from the twelfth grade of a 3465
public or nonpublic high school;3466

       (2) Any pupil who is not a resident of the state;3467

       (3) Any pupil who was enrolled in the schools of the district 3468
during the previous school year when assessments were administered 3469
under section 3301.0711 of the Revised Code but did not take one 3470
or more of the assessments required by that section and was not 3471
excused pursuant to division (C)(1) or (3) of that section;3472

       (4) Any pupil who has attained the age of twenty-two years, 3473
except for veterans of the armed services whose attendance was 3474
interrupted before completing the recognized twelve-year course of 3475
the public schools by reason of induction or enlistment in the 3476
armed forces and who apply for reenrollment in the public school 3477
system of their residence not later than four years after 3478
termination of war or their honorable discharge;3479

       (5) Any pupil who has a high school equivalence diploma as 3480
defined in section 5107.40 of the Revised Code.3481

       If, however, any veteran described by division (E)(4) of this 3482
section elects to enroll in special courses organized for veterans 3483
for whom tuition is paid under the provisions of federal laws, or 3484
otherwise, that veteran shall not be included in the enrollment of 3485
students determined under this section.3486

       Notwithstanding division (E)(3) of this section, the 3487
enrollment of any school may include a pupil who did not take an 3488
assessment required by section 3301.0711 of the Revised Code if 3489
the superintendent of public instruction grants a waiver from the 3490
requirement to take the assessment to the specific pupil and a 3491
parent is not paying tuition for the pupil pursuant to section 3492
3313.6410 of the Revised Code. The superintendent may grant such a 3493
waiver only for good cause in accordance with rules adopted by the 3494
state board of education.3495

       The formula ADM, total ADM, category one through five 3496
career-technical education ADM, category one through three limited 3497
English proficient ADM, category one through six special education 3498
ADM, preschool scholarship ADM, transportation ADM, and, for 3499
purposes of provisions of law outside of Chapter 3317. of the 3500
Revised Code, average daily membership of any school district 3501
shall be determined in accordance with rules adopted by the state 3502
board of education.3503

       (F)(1) If a student attending a community school under 3504
Chapter 3314., a science, technology, engineering, and mathematics 3505
school established under Chapter 3326., or a college-preparatory 3506
boarding school established under Chapter 3328. of the Revised 3507
Code is not included in the formula ADM calculated for the school 3508
district in which the student is entitled to attend school under 3509
section 3313.64 or 3313.65 of the Revised Code, the department of 3510
education shall adjust the formula ADM of that school district to 3511
include the student in accordance with division (C)(2) of this 3512
section, and shall recalculate the school district's payments 3513
under this chapter for the entire fiscal year on the basis of that 3514
adjusted formula ADM. 3515

       (2) If a student awarded an educational choice scholarship is 3516
not included in the formula ADM of the school district from which 3517
the department deducts funds for the scholarship under section 3518
3310.08 of the Revised Code, the department shall adjust the 3519
formula ADM of that school district to include the student to the 3520
extent necessary to account for the deduction, and shall 3521
recalculate the school district's payments under this chapter for 3522
the entire fiscal year on the basis of that adjusted formula ADM. 3523

       (3) If a student awarded a scholarship under the Jon Peterson 3524
special needs scholarship program is not included in the formula 3525
ADM of the school district from which the department deducts funds 3526
for the scholarship under section 3310.55 of the Revised Code, the 3527
department shall adjust the formula ADM of that school district to 3528
include the student to the extent necessary to account for the 3529
deduction, and shall recalculate the school district's payments 3530
under this chapter for the entire fiscal year on the basis of that 3531
adjusted formula ADM. 3532

       (G)(1)(a) The superintendent of an institution operating a 3533
special education program pursuant to section 3323.091 of the 3534
Revised Code shall, for the programs under such superintendent's 3535
supervision, certify to the state board of education, in the 3536
manner prescribed by the superintendent of public instruction, 3537
both of the following:3538

       (i) The unduplicated count of the number of all children with 3539
disabilities other than preschool children with disabilities 3540
receiving services at the institution for each category of 3541
disability described in divisions (A) to (F) of section 3317.013 3542
of the Revised Code adjusted for the portion of the year each 3543
child is so enrolled;3544

       (ii) The unduplicated count of the number of all preschool 3545
children with disabilities in classes or programs for whom the 3546
district is eligible to receive funding under section 3317.0213 of 3547
the Revised Code adjusted for the portion of the year each child 3548
is so enrolled, reported according to the categories prescribed in 3549
section 3317.013 of the Revised Code.3550

       (b) The superintendent of an institution with 3551
career-technical education units approved under section 3317.05 of 3552
the Revised Code shall, for the units under the superintendent's 3553
supervision, certify to the state board of education the 3554
enrollment in those units, in the manner prescribed by the 3555
superintendent of public instruction.3556

       (2) The superintendent of each county DD board that maintains 3557
special education classes under section 3317.20 of the Revised 3558
Code or provides services to preschool children with disabilities 3559
pursuant to an agreement between the DD board and the appropriate 3560
school district shall do both of the following:3561

       (a) Certify to the state board, in the manner prescribed by 3562
the board, the enrollment in classes under section 3317.20 of the 3563
Revised Code for each school district that has placed children in 3564
the classes;3565

       (b) Certify to the state board, in the manner prescribed by 3566
the board, the unduplicated count of the number of all preschool 3567
children with disabilities enrolled in classes for which the DD 3568
board is eligible to receive funding under section 3317.0213 of 3569
the Revised Code adjusted for the portion of the year each child 3570
is so enrolled, reported according to the categories prescribed in 3571
section 3317.013 of the Revised Code, and the number of those 3572
classes.3573

       (H) Except as provided in division (I) of this section, when 3574
any city, local, or exempted village school district provides 3575
instruction for a nonresident pupil whose attendance is 3576
unauthorized attendance as defined in section 3327.06 of the 3577
Revised Code, that pupil's enrollment shall not be included in 3578
that district's enrollment figure used in calculating the 3579
district's payments under this chapter. The reporting official 3580
shall report separately the enrollment of all pupils whose 3581
attendance in the district is unauthorized attendance, and the 3582
enrollment of each such pupil shall be credited to the school 3583
district in which the pupil is entitled to attend school under 3584
division (B) of section 3313.64 or section 3313.65 of the Revised 3585
Code as determined by the department of education.3586

       (I)(1) A city, local, exempted village, or joint vocational 3587
school district admitting a scholarship student of a pilot project 3588
district pursuant to division (C) of section 3313.976 of the 3589
Revised Code may count such student in its enrollment.3590

       (2) In any year for which funds are appropriated for pilot 3591
project scholarship programs, a school district implementing a 3592
state-sponsored pilot project scholarship program that year 3593
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 3594
count in its enrollment:3595

       (a) All children residing in the district and utilizing a 3596
scholarship to attend kindergarten in any alternative school, as 3597
defined in section 3313.974 of the Revised Code;3598

       (b) All children who were enrolled in the district in the 3599
preceding year who are utilizing a scholarship to attend an 3600
alternative school.3601

       (J) The superintendent of each cooperative education school 3602
district shall certify to the superintendent of public 3603
instruction, in a manner prescribed by the state board of 3604
education, the applicable enrollments for all students in the 3605
cooperative education district, also indicating the city, local, 3606
or exempted village district where each pupil is entitled to 3607
attend school under section 3313.64 or 3313.65 of the Revised 3608
Code.3609

       (K) If the superintendent of public instruction determines 3610
that a component of the enrollment certified or reported by a 3611
district superintendent, or other reporting entity, is not 3612
correct, the superintendent of public instruction may order that 3613
the formula ADM used for the purposes of payments under any 3614
section of Title XXXIII of the Revised Code be adjusted in the 3615
amount of the error.3616

       Sec. 3319.22.  (A)(1) The state board of education shall 3617
issue the following educator licenses:3618

       (a) A resident educator license, which shall be valid for 3619
four years, except that theand shall be renewable for reasons 3620
specified by rules adopted by the state board pursuant to division 3621
(A)(3) of this section. The state board, on a case-by-case basis, 3622
may extend the license's duration as necessary to enable the 3623
license holder to complete the Ohio teacher residency program 3624
established under section 3319.223 of the Revised Code;3625

       (b) A professional educator license, which shall be valid for 3626
five years and shall be renewable;3627

       (c) A senior professional educator license, which shall be 3628
valid for five years and shall be renewable;3629

       (d) A lead professional educator license, which shall be 3630
valid for five years and shall be renewable.3631

       (2) The state board may issue any additional educator 3632
licenses of categories, types, and levels the board elects to 3633
provide. 3634

       (3) The state board shall adopt rules establishing the 3635
standards and requirements for obtaining each educator license 3636
issued under this section. The rules shall also include the 3637
reasons for which a resident educator license may be renewed under 3638
division (A)(1)(a) of this section.3639

       (B) The rules adopted under this section shall require at 3640
least the following standards and qualifications for the educator 3641
licenses described in division (A)(1) of this section:3642

       (1) An applicant for a resident educator license shall hold 3643
at least a bachelor's degree from an accredited teacher 3644
preparation program or be a participant in the teach for America 3645
program and meet the qualifications required under section 3646
3319.227 of the Revised Code.3647

       (2) An applicant for a professional educator license shall:3648

       (a) Hold at least a bachelor's degree from an institution of 3649
higher education accredited by a regional accrediting 3650
organization;3651

       (b) Have successfully completed the Ohio teacher residency 3652
program established under section 3319.223 of the Revised Code, if 3653
the applicant's current or most recently issued license is a 3654
resident educator license issued under this section or an 3655
alternative resident educator license issued under section 3319.26 3656
of the Revised Code.3657

       (3) An applicant for a senior professional educator license 3658
shall:3659

       (a) Hold at least a master's degree from an institution of 3660
higher education accredited by a regional accrediting 3661
organization;3662

       (b) Have previously held a professional educator license 3663
issued under this section or section 3319.222 or under former 3664
section 3319.22 of the Revised Code;3665

       (c) Meet the criteria for the accomplished or distinguished 3666
level of performance, as described in the standards for teachers 3667
adopted by the state board under section 3319.61 of the Revised 3668
Code.3669

       (4) An applicant for a lead professional educator license 3670
shall:3671

       (a) Hold at least a master's degree from an institution of 3672
higher education accredited by a regional accrediting 3673
organization;3674

       (b) Have previously held a professional educator license or a 3675
senior professional educator license issued under this section or 3676
a professional educator license issued under section 3319.222 or 3677
former section 3319.22 of the Revised Code;3678

       (c) Meet the criteria for the distinguished level of 3679
performance, as described in the standards for teachers adopted by 3680
the state board under section 3319.61 of the Revised Code;3681

       (d) Either hold a valid certificate issued by the national 3682
board for professional teaching standards or meet the criteria for 3683
a master teacher or other criteria for a lead teacher adopted by 3684
the educator standards board under division (F)(4) or (5) of 3685
section 3319.61 of the Revised Code.3686

       (C) The state board shall align the standards and 3687
qualifications for obtaining a principal license with the 3688
standards for principals adopted by the state board under section 3689
3319.61 of the Revised Code. 3690

       (D) If the state board requires any examinations for educator 3691
licensure, the department of education shall provide the results 3692
of such examinations received by the department to the chancellor 3693
of the Ohio board of regents, in the manner and to the extent 3694
permitted by state and federal law.3695

       (E) Any rules the state board of education adopts, amends, or 3696
rescinds for educator licenses under this section, division (D) of 3697
section 3301.07 of the Revised Code, or any other law shall be 3698
adopted, amended, or rescinded under Chapter 119. of the Revised 3699
Code except as follows:3700

       (1) Notwithstanding division (D) of section 119.03 and 3701
division (A)(1) of section 119.04 of the Revised Code, in the case 3702
of the adoption of any rule or the amendment or rescission of any 3703
rule that necessitates institutions' offering preparation programs 3704
for educators and other school personnel that are approved by the 3705
chancellor of the Ohio board of regents under section 3333.048 of 3706
the Revised Code to revise the curriculum of those programs, the 3707
effective date shall not be as prescribed in division (D) of 3708
section 119.03 and division (A)(1) of section 119.04 of the 3709
Revised Code. Instead, the effective date of such rules, or the 3710
amendment or rescission of such rules, shall be the date 3711
prescribed by section 3333.048 of the Revised Code.3712

       (2) Notwithstanding the authority to adopt, amend, or rescind 3713
emergency rules in division (F) of section 119.03 of the Revised 3714
Code, this authority shall not apply to the state board of 3715
education with regard to rules for educator licenses.3716

       (F)(1) The rules adopted under this section establishing 3717
standards requiring additional coursework for the renewal of any 3718
educator license shall require a school district and a chartered 3719
nonpublic school to establish local professional development 3720
committees. In a nonpublic school, the chief administrative 3721
officer shall establish the committees in any manner acceptable to 3722
such officer. The committees established under this division shall 3723
determine whether coursework that a district or chartered 3724
nonpublic school teacher proposes to complete meets the 3725
requirement of the rules. The department of education shall 3726
provide technical assistance and support to committees as the 3727
committees incorporate the professional development standards 3728
adopted by the state board of education pursuant to section 3729
3319.61 of the Revised Code into their review of coursework that 3730
is appropriate for license renewal. The rules shall establish a 3731
procedure by which a teacher may appeal the decision of a local 3732
professional development committee.3733

       (2) In any school district in which there is no exclusive 3734
representative established under Chapter 4117. of the Revised 3735
Code, the professional development committees shall be established 3736
as described in division (F)(2) of this section.3737

       Not later than the effective date of the rules adopted under 3738
this section, the board of education of each school district shall 3739
establish the structure for one or more local professional 3740
development committees to be operated by such school district. The 3741
committee structure so established by a district board shall 3742
remain in effect unless within thirty days prior to an anniversary 3743
of the date upon which the current committee structure was 3744
established, the board provides notice to all affected district 3745
employees that the committee structure is to be modified. 3746
Professional development committees may have a district-level or 3747
building-level scope of operations, and may be established with 3748
regard to particular grade or age levels for which an educator 3749
license is designated.3750

       Each professional development committee shall consist of at 3751
least three classroom teachers employed by the district, one 3752
principal employed by the district, and one other employee of the 3753
district appointed by the district superintendent. For committees 3754
with a building-level scope, the teacher and principal members 3755
shall be assigned to that building, and the teacher members shall 3756
be elected by majority vote of the classroom teachers assigned to 3757
that building. For committees with a district-level scope, the 3758
teacher members shall be elected by majority vote of the classroom 3759
teachers of the district, and the principal member shall be 3760
elected by a majority vote of the principals of the district, 3761
unless there are two or fewer principals employed by the district, 3762
in which case the one or two principals employed shall serve on 3763
the committee. If a committee has a particular grade or age level 3764
scope, the teacher members shall be licensed to teach such grade 3765
or age levels, and shall be elected by majority vote of the 3766
classroom teachers holding such a license and the principal shall 3767
be elected by all principals serving in buildings where any such 3768
teachers serve. The district superintendent shall appoint a 3769
replacement to fill any vacancy that occurs on a professional 3770
development committee, except in the case of vacancies among the 3771
elected classroom teacher members, which shall be filled by vote 3772
of the remaining members of the committee so selected.3773

       Terms of office on professional development committees shall 3774
be prescribed by the district board establishing the committees. 3775
The conduct of elections for members of professional development 3776
committees shall be prescribed by the district board establishing 3777
the committees. A professional development committee may include 3778
additional members, except that the majority of members on each 3779
such committee shall be classroom teachers employed by the 3780
district. Any member appointed to fill a vacancy occurring prior 3781
to the expiration date of the term for which a predecessor was 3782
appointed shall hold office as a member for the remainder of that 3783
term.3784

       The initial meeting of any professional development 3785
committee, upon election and appointment of all committee members, 3786
shall be called by a member designated by the district 3787
superintendent. At this initial meeting, the committee shall 3788
select a chairperson and such other officers the committee deems 3789
necessary, and shall adopt rules for the conduct of its meetings. 3790
Thereafter, the committee shall meet at the call of the 3791
chairperson or upon the filing of a petition with the district 3792
superintendent signed by a majority of the committee members 3793
calling for the committee to meet.3794

       (3) In the case of a school district in which an exclusive 3795
representative has been established pursuant to Chapter 4117. of 3796
the Revised Code, professional development committees shall be 3797
established in accordance with any collective bargaining agreement 3798
in effect in the district that includes provisions for such 3799
committees.3800

       If the collective bargaining agreement does not specify a 3801
different method for the selection of teacher members of the 3802
committees, the exclusive representative of the district's 3803
teachers shall select the teacher members.3804

       If the collective bargaining agreement does not specify a 3805
different structure for the committees, the board of education of 3806
the school district shall establish the structure, including the 3807
number of committees and the number of teacher and administrative 3808
members on each committee; the specific administrative members to 3809
be part of each committee; whether the scope of the committees 3810
will be district levels, building levels, or by type of grade or 3811
age levels for which educator licenses are designated; the lengths 3812
of terms for members; the manner of filling vacancies on the 3813
committees; and the frequency and time and place of meetings. 3814
However, in all cases, except as provided in division (F)(4) of 3815
this section, there shall be a majority of teacher members of any 3816
professional development committee, there shall be at least five 3817
total members of any professional development committee, and the 3818
exclusive representative shall designate replacement members in 3819
the case of vacancies among teacher members, unless the collective 3820
bargaining agreement specifies a different method of selecting 3821
such replacements.3822

       (4) Whenever an administrator's coursework plan is being 3823
discussed or voted upon, the local professional development 3824
committee shall, at the request of one of its administrative 3825
members, cause a majority of the committee to consist of 3826
administrative members by reducing the number of teacher members 3827
voting on the plan.3828

       (G)(1) The department of education, educational service 3829
centers, county boards of developmental disabilities, regional 3830
professional development centers, special education regional 3831
resource centers, college and university departments of education, 3832
head start programs, and the Ohio education computer network may 3833
establish local professional development committees to determine 3834
whether the coursework proposed by their employees who are 3835
licensed or certificated under this section or section 3319.222 of 3836
the Revised Code, or under the former version of either section as 3837
it existed prior to October 16, 2009, meet the requirements of the 3838
rules adopted under this section. They may establish local 3839
professional development committees on their own or in 3840
collaboration with a school district or other agency having 3841
authority to establish them.3842

       Local professional development committees established by 3843
county boards of developmental disabilities shall be structured in 3844
a manner comparable to the structures prescribed for school 3845
districts in divisions (F)(2) and (3) of this section, as shall 3846
the committees established by any other entity specified in 3847
division (G)(1) of this section that provides educational services 3848
by employing or contracting for services of classroom teachers 3849
licensed or certificated under this section or section 3319.222 of 3850
the Revised Code, or under the former version of either section as 3851
it existed prior to October 16, 2009. All other entities specified 3852
in division (G)(1) of this section shall structure their 3853
committees in accordance with guidelines which shall be issued by 3854
the state board.3855

       (2) Any public agency that is not specified in division 3856
(G)(1) of this section but provides educational services and 3857
employs or contracts for services of classroom teachers licensed 3858
or certificated under this section or section 3319.222 of the 3859
Revised Code, or under the former version of either section as it 3860
existed prior to October 16, 2009, may establish a local 3861
professional development committee, subject to the approval of the 3862
department of education. The committee shall be structured in 3863
accordance with guidelines issued by the state board.3864

       Sec. 3319.26. (A) The state board of education shall adopt 3865
rules establishing the standards and requirements for obtaining an 3866
alternative resident educator license for teaching in grades 3867
kindergarten to twelve, or the equivalent, in a designated subject 3868
area or in the area of intervention specialist, as defined by rule 3869
of the state board. The rules shall also include the reasons for 3870
which an alternative resident educator license may be renewed 3871
under division (D) of this section.3872

       (B) The superintendent of public instruction and the 3873
chancellor of the Ohio board of regents jointly shall develop an 3874
intensive pedagogical training institute to provide instruction in 3875
the principles and practices of teaching for individuals seeking 3876
an alternative resident educator license. The instruction shall 3877
cover such topics as student development and learning, pupil 3878
assessment procedures, curriculum development, classroom 3879
management, and teaching methodology. 3880

       (C) The rules adopted under this section shall require 3881
applicants for the alternative resident educator license to 3882
satisfy the following conditions prior to issuance of the license, 3883
but they shall not require applicants to have completed a major in 3884
the subject area for which application is being made:3885

       (1) Hold a minimum of a baccalaureate degree;3886

       (2) Successfully complete the pedagogical training institute 3887
described in division (B) of this section or a summer training 3888
institute provided to participants of a teacher preparation 3889
program that is operated by a nonprofit organization and has been 3890
approved by the chancellor. The chancellor shall approve any such 3891
program that requires participants to hold a bachelor's degree; 3892
have a cumulative undergraduate grade point average of at least 3893
2.5 out of 4.0, or its equivalent; and successfully complete the 3894
program's summer training institute.3895

       (3) Pass an examination in the subject area for which 3896
application is being made. 3897

       (D) An alternative resident educator license shall be valid 3898
for four years, except that theand shall be renewable for reasons 3899
specified by rules adopted by the state board pursuant to division 3900
(A) of this section. The state board, on a case-by-case basis, may 3901
extend the license's duration as necessary to enable the license 3902
holder to complete the Ohio teacher residency program established 3903
under section 3319.223 of the Revised Code.3904

       (E) The rules shall require the holder of an alternative 3905
resident educator license, as a condition of continuing to hold 3906
the license, to do all of the following:3907

       (1) Participate in the Ohio teacher residency program;3908

       (2) Show satisfactory progress in taking and successfully 3909
completing one of the following:3910

       (a) At least twelve additional semester hours, or the 3911
equivalent, of college coursework in the principles and practices 3912
of teaching in such topics as student development and learning, 3913
pupil assessment procedures, curriculum development, classroom 3914
management, and teaching methodology;3915

       (b) Professional development provided by a teacher 3916
preparation program that has been approved by the chancellor under 3917
division (C)(2) of this section.3918

       (3) Take an assessment of professional knowledge in the 3919
second year of teaching under the license.3920

       (F) The rules shall provide for the granting of a 3921
professional educator license to a holder of an alternative 3922
resident educator license upon successfully completing all of the 3923
following:3924

       (1) Four years of teaching under the alternative license;3925

       (2) The additional college coursework or professional 3926
development described in division (E)(2) of this section;3927

       (3) The assessment of professional knowledge described in 3928
division (E)(3) of this section. The standards for successfully 3929
completing this assessment and the manner of conducting the 3930
assessment shall be the same as for any other individual who is 3931
required to take the assessment pursuant to rules adopted by the 3932
state board under section 3319.22 of the Revised Code.3933

       (4) The Ohio teacher residency program;3934

       (5) All other requirements for a professional educator 3935
license adopted by the state board under section 3319.22 of the 3936
Revised Code.3937

       (G) A person who is assigned to teach in this state as a 3938
participant in the teach for America program or who has completed 3939
two years of teaching in another state as a participant in that 3940
program shall be eligible for a license only under section 3941
3319.227 of the Revised Code and shall not be eligible for a 3942
license under this section.3943

       Sec. 3321.03.  As used in this section and section 3321.04 of 3944
the Revised Code, "special education program" means a school or 3945
the educational agency that provides special education and related 3946
services to children with disabilities in accordance with Chapter 3947
3323. of the Revised Code.3948

        Except as provided in this section, the parent of a child of 3949
compulsory school age shall cause such child to attend a school in 3950
the school district in which the child is entitled to attend 3951
school under division (B) or (F) of section 3313.64 or section 3952
3313.65 of the Revised Code, to participate in a special education 3953
program under Chapter 3323. of the Revised Code, or to otherwise 3954
cause the child to be instructed in accordance with law. Every 3955
child of compulsory school age shall attend a school or 3956
participate in a special education program that conforms to the 3957
minimum standards prescribed by the state board of education until 3958
the child:3959

       (A) Receives a diploma granted by the board of education or 3960
other governing authority, successfully completes the curriculum 3961
of any high school, or successfully completes the individualized 3962
education program developed for the student by any high school 3963
pursuant to Chapter 3323. of the Revised Code;3964

       (B) Receives an age and schooling certificate as provided in 3965
section 3331.01 of the Revised Code; or3966

       (C) Is excused from school under standards adopted by the 3967
state board of education pursuant to section 3321.04 of the 3968
Revised Code, or if in need of special education, the child is 3969
excused from such programs pursuant to section 3321.04 of the 3970
Revised Code.3971

       For purposes of this section, a child who is attending an 3972
alternative education program that is specified in the child's 3973
student success plan developed under division (C)(1) of section 3974
3313.6015 of the Revised Code shall be considered to be attending 3975
school in compliance with this section.3976

       Sec. 3321.04.  Notwithstanding division (D) of section 3977
3311.19 and division (D) of section 3311.52 of the Revised Code, 3978
this section does not apply to any joint vocational or cooperative 3979
education school district or its superintendent.3980

       Every parent of any child of compulsory school age who is not 3981
employed under an age and schooling certificate mustshall send 3982
suchthe child to a school or a special education program that 3983
conforms to the minimum standards prescribed by the state board of 3984
education, for the full time the school or program attended is in 3985
session, which shall not be for less than thirty-two weeks per 3986
school year. Such attendance must begin within the first week of 3987
the school term or program or within one week of the date on which 3988
the child begins to reside in the district or within one week 3989
after the child's withdrawal from employment.3990

       For the purpose of operating a school or program on a 3991
trimester plan, "full time the school attended is in session," as 3992
used in this section means the two trimesters to which the child 3993
is assigned by the board of education. For the purpose of 3994
operating a school or program on a quarterly plan, "full time the 3995
school attended is in session," as used in this section, means the 3996
three quarters to which the child is assigned by the board of 3997
education. For the purpose of operating a school or program on a 3998
pentamester plan, "full time the school is in session," as used in 3999
this section, means the four pentamesters to which the child is 4000
assigned by the board of education.4001

       Excuses from future attendance at or past absence from school 4002
or a special education program may be granted for the causes, by 4003
the authorities, and under the following conditions:4004

       (A) The superintendent of the school district in which the 4005
child resides may excuse the child from attendance for any part of 4006
the remainder of the current school year upon satisfactory showing 4007
of either of the following facts:4008

       (1) That the child's bodily or mental condition does not 4009
permit attendance at school or a special education program during 4010
such period; this fact is certified in writing by a licensed 4011
physician or, in the case of a mental condition, by a licensed 4012
physician, a licensed psychologist, licensed school psychologist 4013
or a certificated school psychologist; and provision is made for 4014
appropriate instruction of the child, in accordance with Chapter 4015
3323. of the Revised Code;4016

       (2) That the child is being instructed at home by a person 4017
qualified to teach the branches in which instruction is required, 4018
and such additional branches, as the advancement and needs of the 4019
child may, in the opinion of such superintendent, require. In each 4020
such case the issuing superintendent shall file in the 4021
superintendent's office, with a copy of the excuse, papers showing 4022
how the inability of the child to attend school or a special 4023
education program or the qualifications of the person instructing 4024
the child at home were determined. All such excuses shall become 4025
void and subject to recall upon the removal of the disability of 4026
the child or the cessation of proper home instruction; and 4027
thereupon the child or the child's parents may be proceeded 4028
against after due notice whether such excuse be recalled or not.4029

       (B) The state board of education may adopt rules authorizing 4030
the superintendent of schools of the district in which the child 4031
resides to excuse a child over fourteen years of age from 4032
attendance for a future limited period of time for the purpose of 4033
performing necessary work directly and exclusively for the child's 4034
parents or legal guardians.4035

       All excuses provided for in divisions (A) and (B) of this 4036
section shall be in writing and shall show the reason for excusing 4037
the child. A copy thereof shall be sent to the person in charge of 4038
the child.4039

       (C) The board of education of the school district or the 4040
governing authorities of a private or parochial school may in the 4041
rules governing the discipline in such schools, prescribe the 4042
authority by which and the manner in which any child may be 4043
excused for absence from such school for good and sufficient 4044
reasons.4045

       The state board of education may by rule prescribe conditions 4046
governing the issuance of excuses, which shall be binding upon the 4047
authorities empowered to issue them.4048

       Sec. 3321.07.  If any child attends uponreceives instruction 4049
elsewhere than in a public school such instruction shall be in a 4050
school which conforms to the minimum standards prescribed by the 4051
state board of education. The hours and term of attendance exacted4052
of that school shall be equivalent to the hours and term of 4053
attendance required of children in the public schools of the 4054
district. This section does not require a child to attend a high 4055
school instead of a vocationalcareer-technical, commercial, or 4056
other special type of school, provided the successful completion 4057
of instruction therein is for a term and for hours equivalent to 4058
those of the high school, and provided his attendance at such 4059
school will not interfere with a continuous program of education 4060
for the child to the age of sixteenwill result in the child 4061
receiving a high school diploma, an industry-recognized 4062
credential, or a journeyman certification as recognized by the 4063
United States department of labor.4064

       Sec. 3321.08.  Every child who has been granted an age and 4065
schooling certificate shall, until the age at which such 4066
certificate is no longer required, attend a part-time school or 4067
class for the number of hours not over eight per week that such 4068
school or class is in session,. Such an education program may be4069
provided by the board of education of the school district in which 4070
the child resides or is employed has made such school or class 4071
available. Such attendanceAttendance shall be for the full term 4072
such school or class is in session, and shall begin with the first 4073
week of the school term or within one week after issuance of the 4074
age and schooling certificate. This section does not apply to 4075
children who are employed under vacation and part-time 4076
certificates only. The superintendent of schools may excuse a 4077
child from such attendance for one of the reasons provided in 4078
section 3321.10 of the Revised Code. AFor purposes of this 4079
section, a part-time school or class is one which shall offer, to 4080
those minors who have entered industry, instruction supplemental 4081
to their daily occupations or which will increase their civic and 4082
vocational competence or both and which are taught between the 4083
hours of seven in the morning and six in the afternoon of any day 4084
except a legal holiday, Saturday, or Sunday, or between the hours 4085
of seven in the morning and twelve noon of Saturdayand which 4086
grants a high school diploma to the child upon the child's 4087
successful completion of a course of instruction.4088

       Sec. 3321.09.  Attendance at a part-time school or class, as 4089
defined in section 3321.08 of the Revised Code, provided by an 4090
employer, by a partnership, corporation, or individual, by a 4091
private or parochial school, by a college, or by a philanthropic 4092
or similar agency shall serve in lieu of attendance at a part-time 4093
school or class provided by a board of education in case the given 4094
school or class is conducted for substantially a term and hours 4095
equivalent to those of the part-time schools or classes provided 4096
by the local board, and in caseif the school or class is approved 4097
by the state board of education. When such school or class is 4098
conducted within or in connection with the establishment in which 4099
the child is working, the obligation of attendance at part-time 4100
school or class indicated in section 3321.08 of the Revised Code, 4101
shall apply to the children holding age and schooling certificates 4102
who are employed in the given establishment regardless of the 4103
accessibility of public part-time schools or classes.4104

       Sec. 3324.07.  (A) The board of education of each school 4105
district shall develop a plan for the service of gifted students 4106
enrolled in the district that are identified under section 3324.03 4107
of the Revised Code. Services specified in the plan developed by 4108
each board may include such options as the following:4109

       (1) A differentiated curriculum; 4110

       (2) Cluster grouping; 4111

       (3) Mentorships; 4112

       (4) Accelerated course work; 4113

       (5) The post-secondary enrollment optioncollege credit plus4114
program under Chapter 3365. of the Revised Code; 4115

       (6) Advanced placement; 4116

       (7) Honors classes; 4117

       (8) Magnet schools; 4118

       (9) Self-contained classrooms; 4119

       (10) Independent study; 4120

       (11) Other options identified in rules adopted by the 4121
department of education. 4122

       (B) Each board shall file the plan developed under division 4123
(A) of this section with the department of education by December 4124
15, 2000. The department shall review and analyze each plan to 4125
determine if it is adequate and to make funding estimates.4126

       (C) Unless otherwise required by law, rule, or as a condition 4127
for receipt of funds, school boards may implement the plans 4128
developed under division (A) of this section, but shall not be 4129
required to do so until further action by the general assembly or 4130
the state superintendent of public instruction.4131

       Sec. 3326.36.  The department of education shall reduce the 4132
amounts paid to a science, technology, engineering, and 4133
mathematics school under section 3326.33 of the Revised Code to 4134
reflect payments made to colleges under division (B) of section 4135
3365.07 of the Revised Code or through alternative funding 4136
agreements entered into under rules adopted under section 3365.12 4137
of the Revised Code. A student shall be considered enrolled in the 4138
school for any portion of the school year the student is attending 4139
a college under Chapter 3365. of the Revised Code.4140

       Sec. 3328.24. A college-preparatory boarding school 4141
established under this chapter and its board of trustees shall 4142
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 4143
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter 4144
3365. of the Revised Code as if the school were a school district 4145
and the school's board of trustees were a district board of 4146
education.4147

       Sec. 3331.04.  Whenever an age and schooling certificate is 4148
applied for by a child over sixteen years of age who is unable to 4149
pass a test for the completion of the work of the seventh grade 4150
and who is not so below the normal in mental development that the 4151
child cannot profit from further schoolingparticipating in a 4152
program that, upon successful completion of instruction, will 4153
result in the child receiving an industry-recognized credential, a 4154
journeyman certification as recognized by the United States 4155
department of labor, or full-time employment, an age and schooling 4156
certificate may be issued by the superintendent of schools to such 4157
child upon proof acceptable to such superintendent of the 4158
following facts and upon agreement to the respective conditions 4159
made in writing by the child and by the parents, guardian, or 4160
custodian in charge of such child:4161

       (A) That the child is addicted to no habit which is likely to 4162
detract from the child's reliability or effectiveness as a worker, 4163
or proper use of the child's earnings or leisure, or the 4164
probability of the child's faithfully carrying out the conditions 4165
to which the child agrees as specified in division (B) of this 4166
section, and in addition any one of the following groups of facts:4167

       (1) That the child has been a resident of the school district 4168
for the last two years, has diligently attended upon instruction 4169
at school for the last two years, and is able to read, write, and 4170
perform the fundamental operations of arithmetic. These abilities 4171
shall be judged by the superintendent.4172

       (2) That the child having been a resident of the school 4173
district less than two years, diligently attended upon instruction 4174
in school in the district in which the child was a resident next 4175
preceding the child's residence in the present district for the 4176
last school year preceding the child's removal toresidence in the 4177
present district, and has diligently attended upon instruction in4178
the schools of the present district for the period that the child 4179
has been a resident thereof;4180

       (3) That the child has removed toresided in the present 4181
school district since the beginning of the last annual school 4182
session, and that instruction adapted to the child's needs is not 4183
provided in the regular day schools in the district;4184

       (4) That the child is not sufficiently familiar with the 4185
English language to be properly instructed in the full-time day 4186
schools of the district;4187

       (5) That conditions are such that the child must provide for 4188
the child's own support or the support of the child's own child or 4189
that the child is needed for the support or care of parents or for 4190
the support or care of brothers or sisters for whom the parents 4191
are unable to provide and that the child is desirous of working 4192
for the support or care of self or of the child's own child or of 4193
such parents or siblings and that such child cannot render such 4194
needed support or care by a reasonable effort outside of school 4195
hours; but no age and schooling certificate shall be granted to a 4196
child of this group upon proof of such facts without written 4197
consent given to the superintendent by the juvenile judge and by 4198
the department of job and family services.4199

       (B)(1) In case the certificate is granted under division 4200
(A)(1), (2), (3), or (5) of this section, that until reaching the 4201
age of eighteen years the child will diligently attend in addition 4202
to part-time classes, such evening classes as will add to the 4203
child's education for literacy, citizenship, or vocational 4204
preparation which may be made available to the child in the school 4205
district and which the child may be directed to attend by the 4206
superintendent, or in case no such classes are available, that the 4207
child will pursue such reading and study and report monthly 4208
thereon as may be directed by the superintendent;4209

       (2) In case the certificate is granted under division (A)(4) 4210
of this section, that until the age of eighteen years the child 4211
will attend in addition to part-time classes, such evening classes 4212
as will assist the child to learn the English language or advance 4213
in Americanization which may be made available to the child in the 4214
school district and which the child may be directed to attend by 4215
the superintendent.4216

       Sec. 3333.041.  (A) On or before the last day of December of 4217
each year, the chancellor of the Ohio board of regents shall 4218
submit to the governor and, in accordance with section 101.68 of 4219
the Revised Code, the general assembly a report or reports 4220
concerning all of the following:4221

       (1) The status of graduates of Ohio school districts at state 4222
institutions of higher education during the twelve-month period 4223
ending on the thirtieth day of September of the current calendar 4224
year. The report shall list, by school district, the number of 4225
graduates of each school district who attended a state institution 4226
of higher education and the percentage of each district's 4227
graduates enrolled in a state institution of higher education 4228
during the reporting period who were required during such period 4229
by the college or university, as a prerequisite to enrolling in 4230
those courses generally required for first-year students, to 4231
enroll in a remedial course in English, including composition or 4232
reading, mathematics, and any other area designated by the 4233
chancellor. The chancellor also shall make the information 4234
described in division (A)(1) of this section available to the 4235
board of education of each city, exempted village, and local 4236
school district.4237

       Each state institution of higher education shall, by the 4238
first day of November of each year, submit to the chancellor in 4239
the form specified by the chancellor the information the 4240
chancellor requires to compile the report.4241

       (2) Aggregate academic growth data for students assigned to 4242
graduates of teacher preparation programs approved under section 4243
3333.048 of the Revised Code who teach English language arts or 4244
mathematics in any of grades four to eight in a public school in 4245
Ohio. For this purpose, the chancellor shall use the value-added 4246
progress dimension prescribed by section 3302.021 of the Revised 4247
Code or the alternative student academic progress measure if 4248
adopted under division (C)(1)(e) of section 3302.03 of the Revised 4249
Code. The chancellor shall aggregate the data by graduating class 4250
for each approved teacher preparation program, except that if a 4251
particular class has ten or fewer graduates to which this section 4252
applies, the chancellor shall report the data for a group of 4253
classes over a three-year period. In no case shall the report 4254
identify any individual graduate. The department of education 4255
shall share any data necessary for the report with the chancellor.4256

       (3) The following information with respect to the Ohio 4257
tuition trust authority:4258

       (a) The name of each investment manager that is a minority 4259
business enterprise or a women's business enterprise with which 4260
the chancellor contracts;4261

       (b) The amount of assets managed by investment managers that 4262
are minority business enterprises or women's business enterprises, 4263
expressed as a percentage of assets managed by investment managers 4264
with which the chancellor has contracted;4265

       (c) Efforts by the chancellor to increase utilization of 4266
investment managers that are minority business enterprises or 4267
women's business enterprises.4268

       (4) A description of dual enrollmentadvanced standing4269
programs, as defined in section 3313.6013 of the Revised Code, 4270
that are offered by school districts, community schools 4271
established under Chapter 3314. of the Revised Code, STEM schools 4272
established under Chapter 3326. of the Revised Code, 4273
college-preparatory boarding schools established under Chapter 4274
3328. of the Revised Code, and chartered nonpublic high schools. 4275
The chancellor also shall post the information on the chancellor's 4276
web site.4277

        (5) The chancellor's strategy in assigning choose Ohio first 4278
scholarships, as established under section 3333.61 of the Revised 4279
Code, among state universities and colleges and how the actual 4280
awards fit that strategy.4281

        (6) The academic and economic impact of the Ohio 4282
co-op/internship program established under section 3333.72 of the 4283
Revised Code. At a minimum, the report shall include the 4284
following:4285

        (a) Progress and performance metrics for each initiative that 4286
received an award in the previous fiscal year;4287

        (b) Economic indicators of the impact of each initiative, and 4288
all initiatives as a whole, on the regional economies and the 4289
statewide economy;4290

        (c) The chancellor's strategy in allocating awards among 4291
state institutions of higher education and how the actual awards 4292
fit that strategy.4293

       (B) As used in this section:4294

       (1) "Minority business enterprise" has the same meaning as in 4295
section 122.71 of the Revised Code.4296

       (2) "State institution of higher education" and "state 4297
university" have the same meanings as in section 3345.011 of the 4298
Revised Code.4299

       (3) "State university or college" has the same meaning as in 4300
section 3345.12 of the Revised Code.4301

        (4) "Women's business enterprise" means a business, or a 4302
partnership, corporation, limited liability company, or joint 4303
venture of any kind, that is owned and controlled by women who are 4304
United States citizens and residents of this state.4305

       Sec. 3333.35.  The state board of education and the 4306
chancellor of the Ohio board of regents shall strive to reduce 4307
unnecessary student remediation costs incurred by colleges and 4308
universities in this state, increase overall access for students 4309
to higher education, enhance the post-secondary enrollment options4310
college credit plus program in accordance with Chapter 3365. of 4311
the Revised Code, and enhance the alternative resident educator 4312
licensure program in accordance with section 3319.26 of the 4313
Revised Code.4314

       Sec. 3333.43.  This section does not apply to any 4315
baccalaureate degree program that is a cooperative education 4316
program, as defined in section 3333.71 of the Revised Code.4317

       (A) The chancellor of the Ohio board of regents shall require 4318
all state institutions of higher education that offer 4319
baccalaureate degrees, as a condition of reauthorization for 4320
certification of each baccalaureate program offered by the 4321
institution, to submit a statement describing how each major for 4322
which the school offers a baccalaureate degree may be completed 4323
within three academic years. The chronology of the statement shall 4324
begin with the fall semester of a student's first year of the 4325
baccalaureate program.4326

       (B) The statement required under this section may include, 4327
but not be limited to, any of the following methods to contribute 4328
to earning a baccalaureate degree in three years:4329

       (1) Advanced placement credit;4330

       (2) International baccalaureate program credit;4331

       (3) A waiver of degree and credit-hour requirements by 4332
completion of courses that are widely available at community 4333
colleges in the state or through online programs offered by state 4334
institutions of higher education or private nonprofit institutions 4335
of higher education holding certificates of authorization under 4336
Chapter 1713. of the Revised Code, and through courses taken by 4337
the student through the post-secondary enrollment optionscollege 4338
credit plus program under Chapter 3365. of the Revised Code;4339

       (4) Completion of coursework during summer sessions;4340

       (5) A waiver of foreign-language degree requirements based on 4341
a proficiency examination specified by the institution.4342

       (C)(1) Not later than October 15, 2012, each state 4343
institution of higher education shall provide statements required 4344
under this section for ten per cent of all baccalaureate degree 4345
programs offered by the institution.4346

       (2) Not later than June 30, 2014, each state institution of 4347
higher education shall provide statements required under this 4348
section for sixty per cent of all baccalaureate degree programs 4349
offered by the institution.4350

       (D) Each state institution of higher education required to 4351
submit statements under this section shall post its three-year 4352
option on its web site and also provide that information to the 4353
department of education. The department shall distribute that 4354
information to the superintendent, high school principal, and 4355
guidance counselor, or equivalents, of each school district, 4356
community school established under Chapter 3314. of the Revised 4357
Code, and STEM school established under Chapter 3326. of the 4358
Revised Code.4359

       (E) Nothing in this section requires an institution to take 4360
any action that would violate the requirements of any independent 4361
association accrediting baccalaureate degree programs.4362

       Sec. 3333.86.  The chancellor of the Ohio board of regents 4363
may determine the manner in which a course included in the 4364
clearinghouse may be offered as a dual enrollmentan advanced 4365
standing program as defined in section 3313.6013 of the Revised 4366
Code, may be offered to students who are enrolled in nonpublic 4367
schools or are instructed at home pursuant to section 3321.04 of 4368
the Revised Code, or may be offered at times outside the normal 4369
school day or school week, including any necessary additional fees 4370
and methods of payment for a course so offered.4371

       Sec. 3345.06.  (A) Subject to divisions (B) and (C) of this 4372
section, a graduate of the twelfth grade shall be entitled to 4373
admission without examination to any college or university which 4374
is supported wholly or in part by the state, but for unconditional 4375
admission may be required to complete such units not included in 4376
the graduate's high school course as may be prescribed, not less 4377
than two years prior to the graduate's entrance, by the faculty of 4378
the institution.4379

       (B) Beginning with the 2014-2015 academic year, each state 4380
university listed in section 3345.011 of the Revised Code, except 4381
for Central state university, Shawnee state university, and 4382
Youngstown state university, shall permit a resident of this state 4383
who entered ninth grade for the first time on or after July 1, 4384
2010, to begin undergraduate coursework at the university only if 4385
the person has successfully completed the Ohio core curriculum for 4386
high school graduation prescribed in division (C) of section 4387
3313.603 of the Revised Code, unless one of the following applies:4388

       (1) The person has earned at least ten semester hours, or the 4389
equivalent, at a community college, state community college, 4390
university branch, technical college, or another post-secondary 4391
institution except a state university to which division (B) of 4392
this section applies, in courses that are college-credit-bearing 4393
and may be applied toward the requirements for a degree. The 4394
university shall grant credit for successful completion of those 4395
courses pursuant to any applicable articulation and transfer 4396
policy of the Ohio board of regents or any agreements the 4397
university has entered into in accordance with policies and 4398
procedures adopted under section 3333.16, 3313.1613333.161, or 4399
3333.162 of the Revised Code. The university may count college 4400
credit that the student earned while in high school through the 4401
post-secondary enrollment optionscollege credit plus program 4402
under Chapter 3365. of the Revised Code, or through other dual 4403
enrollmentadvanced standing programs, toward the requirements of 4404
division (B)(1) of this section if the credit may be applied 4405
toward a degree.4406

       (2) The person qualified to graduate from high school under 4407
division (D) or (F) of section 3313.603 of the Revised Code and 4408
has successfully completed the topics or courses that the person 4409
lacked to graduate under division (C) of that section at any 4410
post-secondary institution or at a summer program at the state 4411
university. A state university may admit a person for enrollment 4412
contingent upon completion of such topics or courses or summer 4413
program.4414

       (3) The person met the high school graduation requirements by 4415
successfully completing the person's individualized education 4416
program developed under section 3323.08 of the Revised Code.4417

       (4) The person is receiving or has completed the final year 4418
of instruction at home as authorized under section 3321.04 of the 4419
Revised Code, or has graduated from a nonchartered, nonpublic 4420
school in Ohio, and demonstrates mastery of the academic content 4421
and skills in reading, writing, and mathematics needed to 4422
successfully complete introductory level coursework at an 4423
institution of higher education and to avoid remedial coursework.4424

       (5) The person is a high school student participating in the 4425
post-secondary enrollment optionscollege credit plus program 4426
under Chapter 3365. of the Revised Code or another dual enrollment4427
advanced standing program.4428

       (C) A state university subject to division (B) of this 4429
section may delay admission for or admit conditionally an 4430
undergraduate student who has successfully completed the Ohio core 4431
curriculum if the university determines the student requires 4432
academic remedial or developmental coursework. The university may 4433
delay admission pending, or make admission conditional upon, the 4434
student's successful completion of the academic remedial or 4435
developmental coursework at a university branch, community 4436
college, state community college, or technical college.4437

       (D) This section does not deny the right of a college of law, 4438
medicine, or other specialized education to require college 4439
training for admission, or the right of a department of music or 4440
other art to require particular preliminary training or talent.4441

       Sec. 3365.01. As used in this chapter:4442

       (A) "Articulated credit" means post-secondary credit that is 4443
reflected on the official record of a student at an institution of 4444
higher education only upon enrollment at that institution after 4445
graduation from a secondary school.4446

       (B) "Default ceiling amount" means one of the following 4447
amounts, whichever is applicable:4448

       (1) For a participant enrolled in a college operating on a 4449
semester schedule, the amount calculated according to the 4450
following formula:4451



((0.83 X formula amount) / 30)
4453

X number of enrolled credit hours
4454

       (2) For a participant enrolled in a college operating on a 4455
quarter schedule, the amount calculated according to the following 4456
formula:4457



((0.83 X formula amount) / 45)
4459

X number of enrolled credit hours
4460

       (C) "Default floor amount" means twenty-five per cent of the 4461
default ceiling amount.4462

       (D) "Fee" means any course-related fee and any other fee 4463
imposed by the college, but not included in tuition, for 4464
participation in the program established by this chapter.4465

       (E) "Formula amount" has the same meaning as in section 4466
3317.02 of the Revised Code.4467

       (F) "Governing entity" means a board of education of a school 4468
district, a governing authority of a community school established 4469
under Chapter 3314., a governing body of a STEM school established 4470
under Chapter 3326., or a board of trustees of a 4471
college-preparatory boarding school established under Chapter 4472
3328. of the Revised Code.4473

       (G) "Home-instructed participant" means a student who has 4474
been excused from the compulsory attendance law for the purpose of 4475
home instruction under section 3321.04 of the Revised Code, and is 4476
participating in the program established by this chapter.4477

       (H) "Maximum per participant charge amount" means one of the 4478
following amounts, whichever is applicable:4479

       (1) For a participant enrolled in a college operating on a 4480
semester schedule, the amount calculated according to the 4481
following formula:4482

((formula amount / 30)
4483

X number of enrolled credit hours)
4484

- default ceiling amount
4485

       (2) For a participant enrolled in a college operating on a 4486
quarter schedule, the amount calculated according to the following 4487
formula:4488

((formula amount / 45)
4489

X number of enrolled credit hours)
4490

– default ceiling amount
4491

       (I) "Nonpublic secondary school" means a chartered or 4492
nonchartered school for which minimum standards are prescribed by 4493
the state board of education pursuant to division (D) of section 4494
3301.07 of the Revised Code.4495

       (J) "Number of enrolled credit hours" means the number of 4496
credit hours for a course in which a participant is enrolled 4497
during the previous term after the date on which a withdrawal from 4498
a course would have negatively affected the participant's 4499
transcripted grade, as prescribed by the college's established 4500
withdrawal policy.4501

       (K) "Parent" has the same meaning as in section 3313.64 of 4502
the Revised Code.4503

       (L) "Participant" means any student enrolled in a college 4504
under the program established by this chapter.4505

       (M) "Partnering college" means a college with which a public 4506
or nonpublic secondary school has entered into an agreement in 4507
order to offer the program established by this chapter.4508

       (N) "Partnering secondary school" means a public or nonpublic 4509
secondary school with which a college has entered into an 4510
agreement in order to offer the program established by this 4511
chapter.4512

       (O) "Private college" means any of the following:4513

       (1) A nonprofit institution holding a certificate of 4514
authorization pursuant to Chapter 1713. of the Revised Code;4515

       (2) An institution holding a certificate of registration from 4516
the state board of career colleges and schools and program 4517
authorization for an associate or bachelor's degree program issued 4518
under section 3332.05 of the Revised Code;4519

       (3) A private institution exempt from regulation under 4520
Chapter 3332. of the Revised Code as prescribed in section 4521
3333.046 of the Revised Code.4522

       (P) "Public college" means a "state institution of higher 4523
education" in section 3345.011 of the Revised Code, excluding the 4524
northeast Ohio medical university.4525

       (Q) "Public secondary school" means a school serving grades 4526
nine through twelve in a city, local, or exempted village school 4527
district, a joint vocational school district, a community school 4528
established under Chapter 3314., a STEM school established under 4529
Chapter 3326., or a college-preparatory boarding school 4530
established under Chapter 3328. of the Revised Code.4531

       (R) "School year" has the same meaning as in section 3313.62 4532
of the Revised Code.4533

       (S) "Secondary grade" means any of grades nine through 4534
twelve.4535

       (T) "Transcripted credit" means post-secondary credit that is 4536
conferred by an institution of higher education and is reflected 4537
on a student's official record at that institution upon completion 4538
of a course.4539

       Sec. 3365.02. (A) There is hereby established the college 4540
credit plus program under which, beginning with the 2015-2016 4541
school year, a secondary grade student who is a resident of this 4542
state may enroll at a college, on a full- or part-time basis, and 4543
complete nonsectarian, nonremedial courses for high school and 4544
college credit. The program shall govern arrangements in which a 4545
secondary grade student enrolls in a college and, upon successful 4546
completion of coursework taken under the program, receives 4547
transcripted credit from the college, except for any of the 4548
following:4549

       (1) An agreement governing an early college high school 4550
program that meets any of the exemption criteria under division 4551
(E) of section 3313.6013 of the Revised Code;4552

       (2) An advanced placement course or international 4553
baccalaureate diploma course, as described in divisions (A)(2) and 4554
(3) of section 3313.6013 of the Revised Code;4555

       (3) A career-technical education program that is approved by 4556
the department of education under section 3317.161 of the Revised 4557
Code and grants articulated credit to students participating in 4558
that program.4559

       (B) Any student enrolled in a public or nonpublic secondary 4560
school in the student's ninth, tenth, eleventh, or twelfth grade 4561
and any student who has been excused from the compulsory 4562
attendance law for the purpose of home instruction under section 4563
3321.04 of the Revised Code and is the equivalent of a ninth, 4564
tenth, eleventh, or twelfth grade student, may participate in the 4565
program, if the student meets the applicable eligibility criteria 4566
in section 3365.03 of the Revised Code.4567

       (C) All public secondary schools and all public colleges 4568
shall participate in the program and are subject to the 4569
requirements of this chapter. Any nonpublic secondary school or 4570
private college that chooses to participate in the program shall 4571
also be subject to the requirements of this chapter.4572

       (D) The state board of education, in accordance with Chapter 4573
119. of the Revised Code and in consultation with the chancellor 4574
of the Ohio board of regents, shall adopt rules governing the 4575
program.4576

       Sec. 3365.03. (A) A student enrolled in a public or nonpublic 4577
secondary school during the student's ninth, tenth, eleventh, or 4578
twelfth grade school year or a student who has been excused from 4579
the compulsory attendance law for the purpose of home instruction 4580
under section 3321.04 of the Revised Code and is the equivalent of 4581
a ninth, tenth, eleventh, or twelfth grade student, may apply to 4582
and enroll in a college under the college credit plus program.4583

       (1) In order for a public secondary school student to 4584
participate in the program, all of the following criteria shall be 4585
met:4586

       (a) The student or the student's parent shall inform the 4587
principal, or equivalent, of the student's school by the first day 4588
of April of the student's intent to participate in the program 4589
during the following school year. Any student who fails to provide 4590
the notification by the required date may not participate in the 4591
program during the following school year without the written 4592
consent of the principal, or equivalent.4593

       (b) The student shall both:4594

       (i) Apply to a public or a participating private college in 4595
accordance with the college's established procedures for 4596
admission, pursuant to section 3365.05 of the Revised Code;4597

       (ii) Meet the college's established standards for admission 4598
and for course placement, including course-specific capacity 4599
limitations, pursuant to section 3365.05 of the Revised Code.4600

       (c) The student shall elect at the time of enrollment to 4601
participate under either division (A) or (B) of section 3365.06 of 4602
the Revised Code for each course under the program.4603

       (d) The student and the student's parent shall sign a form, 4604
provided by the school, stating that they have received the 4605
counseling required under division (B) of section 3365.04 of the 4606
Revised Code and that they understand the responsibilities they 4607
must assume in the program.4608

       (2) In order for a nonpublic secondary school or 4609
home-instructed student to participate in the program, both of the 4610
following criteria shall be met:4611

       (a) The student shall meet the criteria in divisions 4612
(A)(1)(b) and (c) of this section.4613

       (b) The student shall satisfy all application procedures and 4614
standards established in rules adopted by the state board of 4615
education, in consultation with the chancellor of the Ohio board 4616
of regents, pursuant to section 3365.071 of the Revised Code.4617

       (B) Except as provided for in division (C) of this section 4618
and in sections 3365.031 and 3365.032 of the Revised Code:4619

       (1) No public secondary school shall prohibit a student 4620
enrolled in that school from participating in the program if that 4621
student meets all of the criteria in division (A)(1) of this 4622
section.4623

       (2) No participating nonpublic secondary school shall 4624
prohibit a student enrolled in that school from participating in 4625
the program if the student meets all of the criteria in division 4626
(A)(2) of this section and, if the student is enrolled under 4627
division (B) of section 3365.06 of the Revised Code, the student 4628
is awarded funding from the department in accordance with rules 4629
adopted by the state board, in consultation with the chancellor, 4630
pursuant to section 3365.071 of the Revised Code.4631

       (C) For purposes of this section, during the period of an 4632
expulsion imposed by a public secondary school, a student is 4633
ineligible to apply to enroll in a college under this section, 4634
unless the student is admitted to another public secondary or 4635
participating nonpublic secondary school. If a student is enrolled 4636
in a college under this section at the time the student is 4637
expelled, the student's status for the remainder of the college 4638
term in which the expulsion is imposed shall be determined under 4639
section 3365.032 of the Revised Code.4640

       (D) Upon a student's graduation from high school, 4641
participation in the college credit plus program shall not affect 4642
the student's eligibility at any public college for scholarships 4643
or for other benefits or opportunities that are available to 4644
first-time college students and are awarded by that college, 4645
regardless of the number of credit hours that the student 4646
completed under the program. 4647

       Sec. 3365.06.        Sec. 3365.031.  (A) A student in grade nine may not 4648
enroll in courses under this chapter for which the student elects 4649
under division (B) of section 3365.043365.06 of the Revised Code 4650
to receive credit toward high school graduation for more than the 4651
equivalent of four academic school years. A student enrolling in 4652
courses under this chapter may not enroll in courses in which the 4653
student elects to receive credit toward high school graduation for 4654
more than the equivalent of:4655

       (1) Three academic school years, if the student so enrolls 4656
for the first time in grade ten;4657

       (2) Two academic school years, if the student so enrolls for 4658
the first time in grade eleven;4659

       (3) One academic school year, if the student so enrolls for 4660
the first time in grade twelve. 4661

       These(B) The restrictions prescribed in division (A) of this 4662
section shall be reduced proportionately for any such student who 4663
enrolls in the program during the course of a school year in 4664
accordance with rules adopted under section 3365.02 of the Revised 4665
Code.4666

       (B) In considering the admission of any secondary student, a 4667
college shall give priority to its other students regarding 4668
enrollment in courses. However, once a student has been accepted 4669
in a course as a participant, the institution shall not displace 4670
the participant for another student.4671

       Sec. 3365.041.        Sec. 3365.032.  (A) When a school district 4672
superintendent, the governing authority of a community school, or 4673
the chief administrative officer of a STEMpublic secondary school 4674
expels a student under division (B) of section 3313.66 of the 4675
Revised Code or, for a college-preparatory boarding school 4676
established under Chapter 3328. of the Revised Code, in accordance 4677
with the school's bylaws adopted pursuant to section 3328.13 of 4678
the Revised Code, the district superintendent, governing 4679
authority, or chief administrative officeror equivalent, shall 4680
send a written notice of the expulsion to any college in which the 4681
expelled student is enrolled under section 3365.03 of the Revised 4682
Code at the time the expulsion is imposed. The notice shall 4683
indicate the date the expulsion is scheduled to expire. The notice 4684
also shall indicate whether the district board of education, 4685
community school governing authority, or the STEM school has 4686
adopted a policy under section 3313.613 of the Revised Code or, 4687
for a college-preparatory boarding school, in accordance with the 4688
school's bylaws adopted pursuant to section 3328.13 of the Revised 4689
Code to deny high school credit for post-secondary courses taken 4690
under the college credit plus program during an expulsion. If the 4691
expulsion is extended under division (F) of section 3313.66 of the 4692
Revised Code or, for a college-preparatory boarding school, in 4693
accordance with the school's bylaws adopted pursuant to section 4694
3328.13 of the Revised Code, the district superintendent, 4695
community school governing authority, or STEM school chief 4696
administrative officeror equivalent, shall notify the college of 4697
the extension.4698

       (B) A college may withdraw its acceptance under section 4699
3365.03 of the Revised Code of a student who is expelled from 4700
school under division (B) of section 3313.66 of the Revised Code 4701
or, for a college-preparatory boarding school, in accordance with 4702
the school's bylaws adopted pursuant to section 3328.13 of the 4703
Revised Code. As provided in section 3365.03 of the Revised Code, 4704
regardless of whether the college withdraws its acceptance of the 4705
student for the college term in which the student is expelled, the 4706
student is ineligible to enroll in a college under that section 4707
for subsequent college terms during the period of the expulsion, 4708
unless the student enrolls in another public school district or 4709
community school, or a participating nonpublic school during that 4710
period.4711

       If a college withdraws its acceptance of an expelled student 4712
who elected either option of division (A)(1) or (2) of section 4713
3365.043365.06 of the Revised Code, the college shall refund 4714
tuition and fees paid by the student in the same proportion that 4715
it refunds tuition and fees to students who voluntarily withdraw 4716
from the college at the same time in the term.4717

       If a college withdraws its acceptance of an expelled student 4718
who elected the option of division (B) of section 3365.043365.064719
of the Revised Code, the public school district, community school, 4720
or STEM school shall not award high school credit for the college 4721
courses in which the student was enrolled at the time the college 4722
withdrew its acceptance, and any reimbursement under section 4723
3365.07 of the Revised Code or through alternative funding 4724
agreements entered into under rules adopted under section 3365.12 4725
of the Revised Code for the student's attendance prior to the 4726
withdrawal shall be the same as would be paid for a student who 4727
voluntarily withdrew from the college at the same time in the 4728
term. If the withdrawal results in the college's receiving no 4729
reimbursement, the college or secondary school may require the 4730
student to return or pay for theany textbooks and materials it 4731
provided the student free of charge under section 3365.08 of the 4732
Revised Code.4733

       (C) When a student who elected the option of division (B) of 4734
section 3365.043365.06 of the Revised Code is expelled under 4735
division (B) of section 3313.66 of the Revised Code or, for a 4736
college-preparatory boarding school, in accordance with the 4737
school's bylaws adopted pursuant to section 3328.13 of the Revised 4738
Code from a public school district, community school, or STEM 4739
school that has adopted a policy under section 3313.613 of the 4740
Revised Code or, for a college-preparatory boarding school, in 4741
accordance with the school's bylaws adopted pursuant to section 4742
3328.13 of the Revised Code to deny high school credit for courses 4743
taken under the college credit plus program during an expulsion, 4744
that election is automatically revoked for all college courses in 4745
which the student is enrolled during the college term in which the 4746
expulsion is imposed. Any reimbursement under section 3365.07 of 4747
the Revised Code or through alternative funding agreements entered 4748
into under rules adopted under section 3365.12 of the Revised Code4749
for the student's attendance prior to the expulsion shall be the 4750
same as would be paid for a student who voluntarily withdrew from 4751
the college at the same time in the term. If the revocation 4752
results in the college's receiving no reimbursement, the college 4753
or secondary school may require the student to return or pay for 4754
theany textbooks and materials it provided the student free of 4755
charge under section 3365.08 of the Revised Code.4756

       NoNot later than five days after receiving an expulsion 4757
notice from the superintendent of a district, the governing 4758
authority of a community school, or the chief administrative 4759
officer of a STEM, or equivalent, of a public school that has 4760
adopted a policy under section 3313.613 of the Revised Code or, 4761
for a college-preparatory boarding school, in accordance with the 4762
school's bylaws adopted pursuant to section 3328.13 of the Revised 4763
Code, the college shall send a written notice to the expelled 4764
student that the student's election of division (B) of section 4765
3365.043365.06 of the Revised Code is revoked. If the college 4766
elects not to withdraw its acceptance of the student, the student 4767
shall pay all applicable tuition and fees for the college courses 4768
and shall pay for theany textbooks and materials that the college 4769
or secondary school provided under section 3365.08 of the Revised 4770
Codeto the student.4771

       Sec. 3365.04. Each public and participating nonpublic 4772
secondary school shall do all of the following with respect to the 4773
college credit plus program:4774

       (A) Provide information about the program prior to the first 4775
day of March of each year to all students enrolled in grades eight 4776
through eleven;4777

       (B) Provide counseling services to students in grades eight 4778
through eleven and to their parents before the students 4779
participate in the program under this chapter to ensure that 4780
students and parents are fully aware of the possible consequences 4781
and benefits of participation. Counseling information shall 4782
include:4783

       (1) Program eligibility;4784

       (2) The process for granting academic credits;4785

       (3) Any necessary financial arrangements for tuition, 4786
textbooks, and fees;4787

       (4) Criteria for any transportation aid;4788

       (5) Available support services;4789

       (6) Scheduling;4790

       (7) Communicating the possible consequences and benefits of 4791
participation, including all of the following:4792

       (a) The consequences of failing or not completing a course 4793
under the program, including the effect on the student's ability 4794
to complete the secondary school's graduation requirements;4795

       (b) The effect of the grade attained in a course under the 4796
program being included in the student's grade point average, as 4797
applicable;4798

       (c) The benefits to the student for successfully completing a 4799
course under the program, including the ability to reduce the 4800
overall costs of, and the amount of time required for, a college 4801
education.4802

       (8) The academic and social responsibilities of students and 4803
parents under the program;4804

       (9) Information about and encouragement to use the counseling 4805
services of the college in which the student intends to enroll;4806

       (10) The standard packet of information for the program 4807
developed by the chancellor of the Ohio board of regents pursuant 4808
to section 3365.15 of the Revised Code;4809

       For a participating nonpublic secondary school, counseling 4810
information shall also include an explanation that funding may be 4811
limited and that not all students who wish to participate may be 4812
able to do so.4813

       (C) Promote the program on the school's web site, including 4814
the details of the school's current agreements with partnering 4815
colleges; 4816

       (D) Schedule at least one informational session per school 4817
year to allow each partnering college that is located within 4818
thirty miles of the school to meet with interested students and 4819
parents. The session shall include the benefits and consequences 4820
of participation and shall outline any changes or additions to the 4821
requirements of the program. If there are no partnering colleges 4822
located within thirty miles of the school, the school shall 4823
coordinate with the closest partnering college to offer an 4824
informational session.4825

       (E) Implement a policy for the awarding of grades and the 4826
calculation of class standing for courses taken under division 4827
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy 4828
adopted under this division shall be equivalent to the school's 4829
current policy for courses taken under the advanced standing 4830
programs described in divisions (A)(2) and (3) of section 4831
3313.6013 of the Revised Code. If the current policy includes 4832
awarding a weighted grade or enhancing a student's class standing 4833
for courses taken under these programs, the policy adopted under 4834
this section shall also provide for these procedures to be applied 4835
to courses taken under the college credit plus program. 4836

       (F) Develop model course pathways, pursuant to section 4837
3365.13 of the Revised Code, and publish the course pathways among 4838
the school's official list of course offerings for the program.4839

       (G) Annually collect, report, and track specified data 4840
related to the program according to data reporting guidelines 4841
adopted by the chancellor and the superintendent of public 4842
instruction pursuant to section 3365.15 of the Revised Code.4843

       Sec. 3365.05. Each public and participating private college 4844
shall do all of the following with respect to the college credit 4845
plus program:4846

       (A) Apply established standards and procedures for admission 4847
to the college and for course placement for participants. When 4848
determining admission and course placement, the college shall do 4849
all of the following:4850

       (1) Consider all available student data that may be an 4851
indicator of college readiness, including grade point average and 4852
end-of-course examination scores, if applicable;4853

       (2) Give priority to its current students regarding 4854
enrollment in courses. However, once a participant has been 4855
accepted into a course, the college shall not displace the 4856
participant for another student.4857

       (3) Adhere to any capacity limitations that the college has 4858
established for specified courses.4859

       (B) Send written notice to a participant, the participant's 4860
parent, the participant's secondary school, and the superintendent 4861
of public instruction, not later than fourteen calendar days prior 4862
to the first day of classes for that term, of the participant's 4863
admission to the college and to specified courses under the 4864
program. 4865

       (C) Provide both of the following, not later than twenty-one 4866
calendar days after the first day of classes for that term, to 4867
each participant, participant's secondary school, and the 4868
superintendent of public instruction:4869

       (1) The courses and hours of enrollment of the participant;4870

       (2) The option elected by the participant under division (A) 4871
or (B) of section 3365.06 of the Revised Code for each course.4872

        The college shall also provide to each partnering school a 4873
roster of participants from that school that are enrolled in the 4874
college and a list of course assignments for each participant.4875

       (D) Promote the program on the college's web site, including 4876
the details of the college's current agreements with partnering 4877
secondary schools. 4878

       (E) Coordinate with each partnering secondary school that is 4879
located within thirty miles of the college to present at least one 4880
informational session per school year for interested students and 4881
parents. The session shall include the benefits and consequences 4882
of participation and shall outline any changes or additions to the 4883
requirements of the program. If there are no partnering schools 4884
located within thirty miles of the college, the college shall 4885
coordinate with the closest partnering school to offer an 4886
informational session.4887

       (F) Assign an academic advisor that is employed by the 4888
college to each participant enrolled in that college. Prior to the 4889
date on which a withdrawal from a course would negatively affect a 4890
participant's transcripted grade, as prescribed by the college's 4891
established withdrawal policy, the college shall ensure that the 4892
academic advisor and the participant meet at least once to discuss 4893
the program and the courses in which the participant is enrolled. 4894

       (G) Do both of the following with regard to high school 4895
teachers that are teaching courses for the college at a secondary 4896
school under the program:4897

       (1) Provide at least one professional development session per 4898
school year;4899

       (2) Conduct at least one classroom observation per school 4900
year for each course that is authorized by the college and taught 4901
by a high school teacher to ensure that the course meets the 4902
quality of a college-level course.4903

       (H) Annually collect, report, and track specified data 4904
related to the program according to data reporting guidelines 4905
adopted by the chancellor and the superintendent of public 4906
instruction pursuant to section 3365.15 of the Revised Code.4907

       Sec. 3365.04.        Sec. 3365.06.  The rules adopted under section 4908
3365.02 of the Revised Code shall provide for students4909
participants to enroll in courses under either of the following 4910
options:4911

       (A) The studentparticipant may elect at the time of 4912
enrollment to be responsible for payment of all tuition and the 4913
cost of all textbooks, materials, and fees associated with the 4914
course. The college shall notify the studentparticipant about 4915
payment of tuition and fees in the customary manner followed by 4916
the college. A studentparticipant electing this option also shall 4917
elect, at the time of enrollment, whether to receive only college 4918
credit or high school credit and college credit for the course.4919

       (1) The studentparticipant may elect to receive only college 4920
credit for the course. Except as provided in section 3365.0414921
3365.032 of the Revised Code, if the studentparticipant4922
successfully completes the course, the college shall award the 4923
studentparticipant full credit for the course, but the board of 4924
education, community school governing authority, STEMgoverning 4925
entity of a public secondary school, or nonpublicthe governing 4926
body of a participating nonpublic secondary school shall not award 4927
the high school credit.4928

        (2) The studentparticipant may elect to receive both high 4929
school credit and college credit for the course. Except as 4930
provided in section 3365.0413365.032 of the Revised Code, if the 4931
studentparticipant successfully completes the course, the college 4932
shall award the studentparticipant full credit for the course and 4933
the board of education, community school governing authority, STEM4934
governing entity of a public school, or the governing body of a 4935
participating nonpublic school shall award the studentparticipant4936
high school credit.4937

       (B) The studentparticipant may elect at the time of 4938
enrollment for each course to have the college reimbursed under 4939
section 3365.07 of the Revised Code or as provided in alternative 4940
funding agreements entered into under rules adopted under section 4941
3365.12 of the Revised Code. Except as provided in section 4942
3365.0413365.032 of the Revised Code, if the studentparticipant4943
successfully completes the course, the college shall award the 4944
studentparticipant full credit for the course,and the board of 4945
education, community school governing authority, STEMgoverning 4946
entity of a public school, or the governing body of a 4947
participating nonpublic school shall award the studentparticipant4948
high school credit, and the college shall be reimbursed in 4949
accordance with section 3365.07 of the Revised Code or alternative 4950
funding agreements entered into under rules adopted under section 4951
3365.12 of the Revised Code. If the participant elects to have the 4952
college reimbursed under this division, the department shall 4953
reimburse the college for the number of enrolled credit hours in 4954
accordance with section 3365.07 of the Revised Code.4955

       When determining a school district's formula ADMenrollment4956
under section 3317.03 of the Revised Code, the time a participant 4957
is attending courses under division (A) of this section shall be 4958
considered as time the participant is not attending or enrolled in 4959
school anywhere, and the time a participant is attending courses 4960
under division (B) of this section shall be considered as time the 4961
participant is attending or enrolled in the district's schools.4962

       Sec. 3365.07.  The department of education shall calculate 4963
and pay state funds to colleges for participants in the college 4964
credit plus program under division (B) of section 3365.06 of the 4965
Revised Code pursuant to this section. For a nonpublic secondary 4966
school or home-instructed participant, the department shall pay 4967
state funds pursuant to this section only if that participant is 4968
awarded funding according to rules adopted by the state board of 4969
education, in consultation with the chancellor of the Ohio board 4970
of regents, pursuant to section 3365.071 of the Revised Code. The 4971
program shall be the sole mechanism by which state funds are paid 4972
to colleges for students to earn college-level credit while 4973
enrolled in a secondary school, with the exception of the programs 4974
listed in division (A) of section 3365.02 of the Revised Code.4975

       (A) For each public or nonpublic secondary school participant 4976
enrolled in a public college:4977

       (1) If no agreement has been entered into under division 4978
(A)(2) of this section, both of the following shall apply:4979

       (a) The department shall pay to the college the applicable 4980
amount as follows:4981

       (i) For a participant enrolled in a college course delivered 4982
on the college campus, at another location operated by the 4983
college, or online, the default ceiling amount;4984

       (ii) For a participant enrolled in a college course delivered 4985
at the participant's secondary school but taught by college 4986
faculty, fifty per cent of the default ceiling amount;4987

       (iii) For a participant enrolled in a college course 4988
delivered at the participant's secondary school and taught by a 4989
high school teacher who has met the credential requirements 4990
established for purposes of the program in rules adopted by the 4991
chancellor of the Ohio board of regents, the default floor amount.4992

       (b) The participant's secondary school shall pay for 4993
textbooks, and the college shall waive payment of all other fees 4994
related to participation in the program.4995

       (2) The governing entity of a participant's secondary school 4996
and the college may enter into an agreement to establish an 4997
alternative payment structure for tuition, textbooks, and fees. 4998
Under such an agreement, payments for each participant made by the 4999
department shall be not less than the default floor amount and not 5000
more than the default ceiling amount.5001

       (3) No participant that is enrolled in a public college shall 5002
be charged for any tuition, textbooks, or other fees related to 5003
participation in the program.5004

       (B) For each public secondary school participant enrolled in 5005
a private college:5006

       (1) If no agreement has been entered into under division 5007
(B)(2) of this section, the department shall pay to the college 5008
the applicable amount calculated in the same manner as in division 5009
(A)(1)(a) of this section.5010

       (2) The governing entity of a participant's secondary school 5011
and the college may enter into an agreement to establish an 5012
alternative payment structure for tuition, textbooks, and fees. 5013
Under such an agreement, payments shall be not less than the 5014
default floor amount and not more than the default ceiling amount. 5015
The agreement may include a stipulation permitting the charging of 5016
a participant. A participant may be charged an amount not to 5017
exceed the maximum per participant charge amount. A participant 5018
may be charged only if all of the following conditions are met:5019

       (a) Payments for the participant made by the department to 5020
the college are not less than the default ceiling amount.5021

       (b) The school provides information to the participant on the 5022
no-cost options available under this chapter.5023

       (c) The participant is not identified as economically 5024
disadvantaged according to rules adopted by the department.5025

       (C) For each nonpublic secondary school participant enrolled 5026
in a private college, the department shall pay to the college the 5027
applicable amount calculated in the same manner as in division 5028
(A)(1)(a) of this section. Payment for costs for the participant 5029
that exceed the amount paid by the department shall be negotiated 5030
by the governing body of the nonpublic secondary school and the 5031
college.5032

       However, under no circumstances shall:5033

       (1) The payments for a participant made by the department 5034
under this division exceed the default ceiling amount.5035

       (2) Any nonpublic secondary school participant, who is 5036
enrolled in that secondary school with a scholarship awarded under 5037
either the educational choice scholarship pilot program, as 5038
prescribed by sections 3310.01 to 3310.17, or the pilot project 5039
scholarship program, as prescribed by sections 3313.974 to 5040
3313.979 of the Revised Code, and who qualifies as a low-income 5041
student under either of those programs, be charged for any 5042
tuition, textbooks, or other fees related to participation in the 5043
college credit plus program.5044

       (D) For each home-instructed participant enrolled in a public 5045
or private college, the department shall pay to the college the 5046
default ceiling amount, if that participant is enrolled in a 5047
college course delivered on the college campus, at another 5048
location operated by the college, or online.5049

       (E) Not later than thirty days after the end of each term, 5050
each college expecting to receive payment for the costs of a 5051
participant under this section shall notify the department of the 5052
number of enrolled credit hours for each participant.5053

       (F) Each January and July, or as soon as possible thereafter, 5054
the department shall make the applicable payments under this 5055
section to each college, which provided proper notification to the 5056
department under division (E) of this section, for the number of 5057
enrolled credit hours for participants enrolled in the college 5058
under division (B) of section 3365.06 of the Revised Code. The 5059
department shall not make any payments to a college under this 5060
section if a participant withdrew from a course prior to the date 5061
on which a withdrawal from the course would have negatively 5062
affected the participant's transcripted grade, as prescribed by 5063
the college's established withdrawal policy.5064

       (1) Payments made for public secondary school participants 5065
under this section shall be deducted from the school foundation 5066
payments made to the participant's school district or, if the 5067
participant is enrolled in a community school, a STEM school, or a 5068
college-preparatory boarding school, from the payments made to 5069
that school under section 3314.08, 3326.33, or 3328.34 of the 5070
Revised Code. If the participant is enrolled in a joint vocational 5071
school district, a portion of the amount shall be deducted from 5072
the payments to the joint vocational school district and a portion 5073
shall be deducted from the payments to the participant's city, 5074
local, or exempted village school district in accordance with the 5075
full-time equivalency of the student's enrollment in each 5076
district. Amounts deducted under division (F)(1) of this section 5077
shall be calculated in accordance with rules adopted by the state 5078
board of education, pursuant to division (B) of section 3365.071 5079
of the Revised Code.5080

       (2) Payments made for nonpublic secondary school and 5081
home-instructed participants under this section shall be deducted 5082
from moneys appropriated by the general assembly for such purpose. 5083
Payments shall be allocated and distributed in accordance with 5084
rules adopted by the state board, in consultation with the 5085
chancellor of the Ohio board of regents, pursuant to division (A) 5086
of section 3365.071 of the Revised Code.5087

       (G) Any public college that enrolls a student under division 5088
(B) of section 3365.06 of the Revised Code may include that 5089
student in the calculation used to determine its state share of 5090
instruction funds appropriated to the Ohio board of regents by the 5091
general assembly.5092

       Sec. 3365.071.  (A) The state board of education, in 5093
accordance with Chapter 119. of the Revised Code and in 5094
consultation with the chancellor of the Ohio board of regents, 5095
shall adopt rules prescribing both of the following:5096

       (1) Application procedures and standards for nonpublic 5097
secondary school and home-instructed students who wish to 5098
participate in the college credit plus program.5099

       (2) A method to allocate and distribute payments under 5100
section 3365.07 of the Revised Code for nonpublic secondary school 5101
and home-instructed participants.5102

       (B) The state board shall also adopt rules establishing a 5103
method to calculate the amounts deducted from a joint vocational 5104
school district and from a participant's city, local, or exempted 5105
village school district for payments under section 3365.07 of the 5106
Revised Code.5107

       Sec. 3365.08.  (A) A college that expects to receive or 5108
receives reimbursement under section 3365.07 of the Revised Code 5109
or through alternative funding agreements entered into under rules 5110
adopted under section 3365.12 of the Revised Code shall furnish to 5111
a participant all textbooks and materials directly related to a 5112
course taken by the participant under division (B) of section 5113
3365.04 of the Revised Code. No college shall charge such 5114
participant for tuition, textbooks, materials, or other fees 5115
directly related to any such course.5116

       (B) No studentparticipant enrolled under this chapter in a 5117
course for which credit toward high school graduation is awarded 5118
shall receive direct financial aid through any state or federal 5119
program.5120

       (C)(B) If a school district provides transportation for 5121
resident school students in grades eleven and twelve under section 5122
3327.01 of the Revised Code, a parent of a pupilparticipant5123
enrolled in a course under division (A)(2) or (B) of section 5124
3365.043365.06 of the Revised Code may apply to the board of 5125
education for full or partial reimbursement for the necessary 5126
costs of transporting the studentparticipant between the 5127
secondary school the studentparticipant attends and the college 5128
in which the studentparticipant is enrolled. Reimbursement may be 5129
paid solely from funds received by the district for pupilstudent5130
transportation under section 3317.0212 of the Revised Code or 5131
other provisions of law. The state board of education shall 5132
establish guidelines, based on financial need, under which a 5133
district may provide such reimbursement.5134

       (D)(C) If a community school provides or arranges 5135
transportation for its pupilsstudents in grades nine through 5136
twelve under section 3314.091 of the Revised Code, a parent of a 5137
pupilparticipant of the community school who is enrolled in a 5138
course under division (A)(2) or (B) of section 3365.043365.06 of 5139
the Revised Code may apply to the governing authority of the 5140
community school for full or partial reimbursement of the 5141
necessary costs of transporting the studentparticipant between 5142
the community school and the college. The governing authority may 5143
pay the reimbursement in accordance with the state board's rules 5144
adopted under division (C)(B) of this section solely from funds 5145
paid to it under section 3314.091 of the Revised Code.5146

       Sec. 3365.11.        Sec. 3365.09. (A) IfExcept as provided for in 5147
division (C) of this section, if the superintendent of the school 5148
district or the chief administrator of the community school or 5149
STEM, or equivalent, of a public secondary school in which a 5150
participant is enrolled determines that the participant has not 5151
attained a passing final grade in a college course in which the 5152
participant enrolled under this chapter, the superintendent, or 5153
chief administrator shallequivalent, may seek reimbursement from 5154
the participant or the participant's parent for the amount of 5155
state funds paid to the college on behalf of the participant for 5156
that college course. The board of education of the school 5157
district, the governing authority of the community school, or the 5158
STEMgoverning entity of a public school, in accordance with 5159
division (C) of section 3313.642 of the Revised Code, may withhold 5160
grades and credits received by the participant for district or 5161
communityhigh school courses taken by the participant until the 5162
participant or the participant's parent provides reimbursement.5163

       (B) IfExcept as provided for in division (C) of this 5164
section, if the chief administrator of thea participating5165
nonpublic school in which a participant is enrolled determines 5166
that the participant has not attained a passing final grade in a 5167
college course in which the participant enrolled under this 5168
chapter, the chief administrator shallmay seek reimbursement from 5169
the participant or the participant's parent for the amount of 5170
state funds paid to the college on behalf of the participant for 5171
enrollment in that college course. Upon the collection of any 5172
funds from a participant or participant's parent under this 5173
division, the chief administrator of a nonpublic school shall send 5174
an amount equal to the funds collected to the superintendent of 5175
public instruction. The superintendent of public instruction shall 5176
credit that amount to the general revenue fund.5177

       (C) Unless the participant was expelled by the school, the 5178
superintendent, or equivalent, or chief administrator shall not 5179
seek reimbursement from a participant or a participant's parent 5180
under division (A) or (B) of this section, if the participant is 5181
identified as economically disadvantaged according to rules 5182
adopted by the department of education.5183

       Sec. 3365.10. (A) Any public or participating nonpublic 5184
secondary school or any public or participating private college, 5185
including a secondary school and an associated college operating 5186
an early college high school program, may apply to the chancellor 5187
of the Ohio board of regents and the superintendent of public 5188
instruction for a waiver from the requirements of the college 5189
credit plus program. The chancellor and the superintendent may 5190
grant a waiver if the school or college meets all criteria set 5191
forth in rules adopted by the chancellor and the superintendent 5192
pursuant to division (C) of this section. 5193

       (B)(1) Except as provided for in division (E) of section 5194
3313.6013 of the Revised Code, any agreement between a public 5195
secondary school and an associated college governing the operation 5196
of an early college high school program shall be subject to the 5197
requirements of the college credit plus program. The chancellor 5198
and the superintendent may grant a waiver under division (A) of 5199
this section for such an agreement only if the agreement does both 5200
of the following:5201

       (a) Includes innovative programming proposed to exclusively 5202
address the needs of underrepresented student subgroups.5203

       (b) Meets all criteria set forth in rules adopted by the 5204
chancellor and the superintendent pursuant to division (C) of this 5205
section.5206

       (2) Any waiver granted under this section for an agreement 5207
governing an early college high school program shall apply only to 5208
that agreement and shall not apply to any other agreement that the 5209
school or college enters into under this chapter.5210

       (C) The chancellor and the superintendent of public 5211
instruction shall jointly adopt rules, in accordance with Chapter 5212
119. of the Revised Code, regarding the granting of waivers under 5213
this section.5214

       (D) As used in this section:5215

       (1) "Associated college" means a public or private college 5216
which has entered into an agreement with a public secondary school 5217
to establish an early college high school program, as described in 5218
section 3313.6013 of the Revised Code, and awards transcripted 5219
credit to students through that program.5220

       (2) "Early college high school program" has the same meaning 5221
as in section 3313.6013 of the Revised Code.5222

       Sec. 3365.11.  Each instructor teaching a course under the 5223
college credit plus program shall meet the credential requirements 5224
set forth in guidelines and procedures established by the