130th Ohio General Assembly
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H. B. No. 237  As Introduced
As Introduced

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


Representative Thompson 

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



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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3301.078 of the Revised Code be enacted to read as follows:
Sec. 3301.078. (A) Notwithstanding any other provision of law to the contrary, the state board of education shall not adopt, and the department of education shall not implement, the academic content standards for English language arts and mathematics developed by the common core standards initiative. Nor shall the state board use the partnership for assessment of readiness for college and careers (PARCC), or any other assessments related to or based on the common core standards, as any of the assessments required under sections 3301.0710 and 3301.0712 of the Revised Code.
Any actions taken to adopt or implement the common core state standards as of the effective date of this section are void.
(B)(1) The state board of education is the sole authority for adopting academic content standards for the state's public schools and shall adopt academic content standards of its own choosing. No official of this state, whether appointed or elected, shall join on behalf of the state or a state agency any consortium, association, or other entity when such membership would require the state to cede any measure of control over education, including academic content standards and assessments of such standards.
(2) The state board shall provide public notice of any proposed adoption or revision of academic content standards on the department of education's web site. The state board shall request comments on the proposed changes from the general public, including parents, teachers, experts on academic content standards, representatives of political, educational, and faith-based organizations, and nonpartisan policy institutes.
The state board shall not adopt or revise any statewide academic content standards until the state board holds a public hearing in each congressional district in the state. The state board shall post notice of each hearing on the department's web site and in a newspaper of general circulation in the respective congressional district.
(C) No school district or school shall be required to use any statewide academic standards adopted by the state board under section 3301.079 of the Revised Code as a condition for approval to operate or for receiving state funds.
(D) Notwithstanding sections 3301.0714 and 3301.94 of the Revised Code, the superintendent of public instruction, the state board, the department, or any other state entity that deals with education shall not do any of the following:
(1) Expend any funds on construction, enhancement, or expansion of any statewide longitudinal data system designed to track students, or compile personally identifiable student information, beyond what is necessary for basic administrative needs, for academic evaluation of programs and student progress, or for compliance with division (D)(5) of this section;
(2) Share any personally identifiable information of students or teachers with any entity outside the state, except as provided in division (D)(5) of this section. The prohibition of division (D)(2) of this section does not apply to virtual, online, or hard drive file storage hosted by third parties outside of the state.
(3) Share any personally identifiable information of students or teachers with any entity that intends to use that information to develop commercial products or services or that intends to transfer the information to any other entity for use in developing commercial products or services;
(4) Share any personally identifiable information of students or teachers with any entity within the state, unless that entity is an educational agency or an institution which the state expressly prohibits, in writing, the agency or institution from the following:
(a) Using the information to develop commercial products or services or transferring the information to any other entity to develop commercial products or services;
(b) Using the transfer of information for economic or workforce development planning.
(5) Share any personally identifiable information of students or teachers with the United States department of education, unless all of the following apply:
(a) The sharing of information is required as a condition of receiving a federal education grant.
(b) The United States department of education agrees, in writing, to all of the following:
(i) To use the information only to evaluate the program or programs funded by the grant;
(ii) That the information will not be used for any research beyond that related to the evaluation of the program or programs funded by the grant, unless the teacher or parent or guardian of any student whose information will be used for the research affirmatively consents to that use in writing;
(iii) That it will not share the information with any other governmental or private entity, unless the teacher or parent or guardian of any student whose information will be shared affirmatively consents to that sharing in writing;
(iv) That it will agree to destroy the information upon completion of the evaluation of the program or programs funded by the grant.
(c) The grant or program for which the information is required is authorized by federal statute or by federal rule adopted under 5 U.S.C. 500 et seq.
(E) If the United States department of education requires as a condition of a federal education grant that the grant recipient provide personally identifiable information of students or teachers in a way that does not comply with division (D)(5) of this section, the grant recipient shall provide the teacher or parent or guardian of any student whose information is required with notification that includes all of the following:
(1) That the grant recipient has been required to turn over the teacher's or student's information to the United States department of education;
(2) That neither the grant recipient nor any other entity or official within the state will have control of the use or further sharing of that information;
(3) The contact information, including telephone number and electronic mail address, of the United States department of education official seeking the information.
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