130th Ohio General Assembly
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Am. Sub. H. B. No. 228  As Passed by the House
As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 228


Representatives Brenner, Gonzales 

Cosponsors: Representatives Beck, Boose, Burkley, Derickson, Duffey, Fedor, Green, Grossman, Hayes, Kunze, Letson, Patterson, Pelanda, Perales, Phillips, Rogers, Ruhl, Schuring, Sheehy, Slaby, Stebelton, Young Speaker Batchelder 



A BILL
To amend sections 3301.0710 and 3301.0715 and to enact sections 3301.132 and 3313.903 of the Revised Code, and to amend Section 10 of Am. Sub. H.B. 487 of the 130th General Assembly with regard to the administration of state primary and secondary education assessments and to reform the system of funding elementary and secondary education.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0710 and 3301.0715 be amended and sections 3301.132 and 3313.903 of the Revised Code be enacted to read as follows:
Sec. 3301.0710.  The state board of education shall adopt rules establishing a statewide program to assess student achievement. The state board shall ensure that all assessments administered under the program are aligned with the academic standards and model curricula adopted by the state board and are created with input from Ohio parents, Ohio classroom teachers, Ohio school administrators, and other Ohio school personnel pursuant to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that students who receive a high school diploma demonstrate at least high school levels of achievement in English language arts, mathematics, science, and social studies.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of third grade;
(b) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and social studies skill expected at the end of fourth grade;
(c) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of fifth grade;
(d) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and social studies skill expected at the end of sixth grade;
(e) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of seventh grade;
(f) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of eighth grade.
(2) The state board shall determine and designate at least five ranges of scores on each of the achievement assessments described in divisions (A)(1) and (B)(1) of this section. Each range of scores shall be deemed to demonstrate a level of achievement so that any student attaining a score within such range has achieved one of the following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(3) For the purpose of implementing division (A) of section 3313.608 of the Revised Code, the state board shall determine and designate a level of achievement, not lower than the level designated in division (A)(2)(e) of this section, on the third grade English language arts assessment for a student to be promoted to the fourth grade. The state board shall review and adjust upward the level of achievement designated under this division each year the test is administered until the level is set equal to the level designated in division (A)(2)(c) of this section.
(B)(1) The assessments prescribed under division (B)(1) of this section shall collectively be known as the Ohio graduation tests. The state board shall prescribe five statewide high school achievement assessments, one each designed to measure the level of reading, writing, mathematics, science, and social studies skill expected at the end of tenth grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such assessment that shall be deemed to be a passing score on the assessment as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code until the assessment system prescribed by section 3301.0712 of the Revised Code is implemented in accordance with division (B)(2) of this section.
(2) The state board shall prescribe an assessment system in accordance with section 3301.0712 of the Revised Code that shall replace the Ohio graduation tests beginning with students who enter the ninth grade for the first time on or after July 1, 2014.
(3) The state board may enter into a reciprocal agreement with the appropriate body or agency of any other state that has similar statewide achievement assessment requirements for receiving high school diplomas, under which any student who has met an achievement assessment requirement of one state is recognized as having met the similar requirement of the other state for purposes of receiving a high school diploma. For purposes of this section and sections 3301.0711 and 3313.61 of the Revised Code, any student enrolled in any public high school in this state who has met an achievement assessment requirement specified in a reciprocal agreement entered into under this division shall be deemed to have attained at least the applicable score designated under this division on each assessment required by division (B)(1) or (2) of this section that is specified in the agreement.
(C) The superintendent of public instruction shall designate dates and times for the administration of the assessments prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this division, the superintendent shall designate the dates in such a way as to allow a reasonable length of time between the administration of assessments prescribed under this section and any administration of the national assessment of educational progress given to students in the same grade level pursuant to section 3301.27 of the Revised Code or federal law.
Beginning with assessments administered on or after July 1, 2015, the duration of the administration for each assessment prescribed by division (A) of this section and for each assessment prescribed by division (B)(2) of section 3301.0712 of the Revised Code shall not exceed four hours per year. The limitation prescribed by this paragraph shall not apply to assessments for students with disabilities, the English language arts assessment prescribed by division (A)(1)(a) of section 3301.0710 of the Revised Code or any related diagnostic assessment for students who failed to attain a passing score on that English language arts achievement assessment, the nationally standardized assessment that measures college and career readiness as prescribed by division (B)(1) of section 3301.0712 of the Revised Code, or substitute examinations as prescribed by division (B)(4) of section 3301.0712 of the Revised Code.
(D) The state board shall prescribe a practice version of each Ohio graduation test described in division (B)(1) of this section that is of comparable length to the actual test.
(E) Any committee established by the department of education for the purpose of making recommendations to the state board regarding the state board's designation of scores on the assessments described by this section shall inform the state board of the probable percentage of students who would score in each of the ranges established under division (A)(2) of this section on the assessments if the committee's recommendations are adopted by the state board. To the extent possible, these percentages shall be disaggregated by gender, major racial and ethnic groups, limited English proficient students, economically disadvantaged students, students with disabilities, and migrant students.
Sec. 3301.0715.  (A) Except as otherwise required under division (B)(1) of section 3313.608 of the Revised Code, the board of education of each city, local, and exempted village school district shall administer each applicable diagnostic assessment developed and provided to the district in accordance with section 3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a different school within the district if each applicable diagnostic assessment was not administered by the district or school the student previously attended in the current school year, within thirty days after the date of transfer. If the district or school into which the student transfers cannot determine whether the student has taken any applicable diagnostic assessment in the current school year, the district or school may administer the diagnostic assessment to the student. However, if a student transfers into the district prior to the administration of the diagnostic assessments to all students under division (B) of this section, the district may administer the diagnostic assessments to that student on the date or dates determined under that division.
(2) Each kindergarten student, not earlier than the first day of the school year August and not later than the first day of November, except that the language and reading skills portion of the assessment shall be administered by the thirtieth day of September to fulfill the requirements of division (B) of section 3313.608 of the Revised Code.
For the purpose of division (A)(2) of this section, the district shall administer the kindergarten readiness assessment provided by the department of education. In no case shall the results of the readiness assessment be used to prohibit a student from enrolling in kindergarten.
A district or school may administer the kindergarten readiness diagnostic assessment all at one time or may administer it in portions at different times, so long as the assessment has been administered in its entirety not later than the first day of November.
(3) Each student enrolled in first, second, or third grade.
Division (A) of this section does not apply to students with significant cognitive disabilities, as defined by the department of education.
(B) Each district board shall administer each diagnostic assessment when the board deems appropriate, provided the administration complies with section 3313.608 of the Revised Code. However, the board shall administer any diagnostic assessment at least once annually to all students in the appropriate grade level. A district board may administer any diagnostic assessment in the fall and spring of a school year to measure the amount of academic growth attributable to the instruction received by students during that school year.
(C) Any district that received a grade of "A" or "B" for the performance index score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of the Revised Code or for the value-added progress dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for the immediately preceding school year may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section.
(D) Each district board shall utilize and score any diagnostic assessment administered under division (A) of this section in accordance with rules established by the department. After the administration of any diagnostic assessment, each district shall provide a student's completed diagnostic assessment, the results of such assessment, and any other accompanying documents used during the administration of the assessment to the parent of that student, and shall include all such documents and information in any plan developed for the student under division (C) of section 3313.608 of the Revised Code. Each district shall submit to the department, in the manner the department prescribes, the results of the diagnostic assessments administered under this section, regardless of the type of assessment used under section 3313.608 of the Revised Code. The department may issue reports with respect to the data collected. The department may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the measure prescribed by divisions (B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.
(E) Each district board shall provide intervention services to students whose diagnostic assessments show that they are failing to make satisfactory progress toward attaining the academic standards for their grade level.
Sec. 3301.132.  (A) The department of education shall determine which components of the resident educator performance-based assessment, as prescribed by rule of the state board of education for purposes of the Ohio teacher residency program established under section 3319.223 of the Revised Code, may be used as part of the teacher evaluations required by section 3319.111 of the Revised Code.
(B) The department shall develop a table of assessments that may be used for multiple purposes for which a measure of student performance or aptitude is required, in order to reduce the total number of assessments administered by a district or school. The table shall include achievement assessments, diagnostic assessments, end-of-course examinations, substitute examinations, examinations related to student academic growth measures, and other assessments. The department shall make the table available to school districts, community schools established under Chapter 3314. of the Revised Code, STEM schools established under Chapter 3326. of the Revised Code, college-preparatory boarding schools established under Chapter 3328. of the Revised Code, and chartered nonpublic schools.
Sec. 3313.903.  Except as otherwise required under federal law, the department of education shall consider an industry-recognized credential, as described under division (B)(2)(d) of section 3302.03 of the Revised Code, or a license issued by a state agency or board for practice in a vocation that requires an examination for issuance of that license as an acceptable measure of technical skill attainment and shall not require a student with such credential or license to take additional technical assessments.
Section 2.  That existing sections 3301.0710 and 3301.0715 of the Revised Code are hereby repealed.
Section 3.  That Section 10 of Am. Sub. H.B. 487 of the 130th General Assembly be amended to read as follows:
Sec. 10. (A) For the 2014-2015 and 2015-2016 school year years, no school district, community school, STEM school, college-preparatory boarding school, or chartered nonpublic school shall be required to administer in an online format any assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code. However, a district or school may administer any of those assessments in an online format at the discretion of the district board or school governing authority, or in any combination of online and paper formats. The Department of Education shall furnish, free of charge, all such assessments for that those school year years regardless of the format selected by the district or school.
(B) Not later than December 31, 2014, the Department shall submit a report to the Governor and the General Assembly, in accordance with section 101.68 of the Revised Code, on the security of student data with regard to the administration of online assessments.
(C) Not later than July 1, 2015, the Department shall publish the number of districts and schools that administered the assessments required under sections 3301.0710 and 3301.0712 of the Revised Code in all of the following formats:
(1) Completely in an online format;
(2) Completely in a paper format;
(3) In any combination of online and paper formats.
Section 4. That existing Section 10 of Am. Sub. H.B. 487 of the 130th General Assembly is hereby repealed.
Section 5. (A) The Department of Education shall study the impact on student performance of the online administration of the state assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code. Not later than June 30, 2015, the Department shall submit the results of its study to the General Assembly, in accordance with section 101.68 of the Revised Code, and to the Governor.
(B)(1) The Department shall conduct a comprehensive survey of the capacity and readiness of each school district for online administration of the assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code based on recommended specifications for such administration of the assessments. The survey conducted under this section shall include information regarding hardware, software, bandwidth, technical support, security requirements, training for teachers regarding the administration of assessments, and training for students regarding taking the assessments.
(2) Not later than June 30, 2015, the Department shall compile and present to the Governor, the chairpersons and ranking members of the Education Committees of the Senate and House of Representatives, and the State Board of Education the results of the survey conducted under this section and a detailed implementation plan to address any issues or problems identified in the survey.
Section 6.  Not later than April 1, 2015, the Department of Education shall submit to the General Assembly, in accordance with section 101.68 of the Revised Code, an estimate of the cost to the state for each of fiscal years 2016 and 2017 if it were to pay each city, local, and exempted village school district a funding guarantee in an amount equal to the district's formula ADM, as defined in section 3317.02 of the Revised Code, multiplied by the following:
{The greater of $1,000 or [(the sum of the amounts computed for the district for fiscal year 2013 under Sections 267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 129th General Assembly)/the district's formula ADM for fiscal year 2013]} - [(the sum of the district's payments under sections 3317.022 and 3317.0212 of the Revised Code for the current fiscal year)/the district's formula ADM for the current fiscal year]
For purposes of this estimate, "current fiscal year" shall mean fiscal year 2016 or fiscal year 2017, respectively. The Department shall estimate a district's statutory payments and formula ADM for each of those years to derive the overall estimates of the cost of the additional guarantee payment proposed under this section.
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