As Introduced
136th General Assembly
Regular Session S. B. No. 127
2025-2026
Senator Brenner
A B I L L
To amend sections 3301.0712 , 3302.03, 3302.034,
3302.036, 3302.12, 3313.413, 3314.012, 3314.016,
3314.017, 3314.0211, 3314.03 , 3314.05, 3314.29,
3314.352, 3314.353, and 3314.354; to enact new
section 3314.35 and section 3326.53; and to
repeal sections 3314.35, 3314.351, 3314.355, and
3314.36 of the Revised Code regarding closure
requirements or other actions for poor-
performing public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0712 , 3302.03, 3302.034,
3302.036, 3302.12, 3313.413, 3314.012, 3314.016, 3314.017,
3314.0211, 3314.03, 3314.05, 3314.29, 3314.352, 3314.353, and
3314.354 be amended and new section 3314.35 and section 3326.53
of the Revised Code be enacted to read as follows:
Sec. 3301.0712. (A) The department of education and
workforce and the chancellor of higher education shall develop a
system of college and work ready assessments as described in
division (B) of this section to assess whether each student upon
graduating from high school is ready to enter college or the
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workforce. Beginning with students who enter the ninth grade for
the first time on or after July 1, 2014, the system shall
replace the Ohio graduation tests prescribed in division (B)(1)
of section 3301.0710 of the Revised Code as a measure of student
academic performance and one determinant of eligibility for a
high school diploma in the manner prescribed by rule adopted
under division (D) of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1)(a) Except as provided in division (B)(1)(b) of this
section, nationally standardized assessments that measure
college and career readiness and are used for college admission.
The assessments shall be selected jointly by the department and
the chancellor, and one of which shall be selected by each
school district or school to administer to its students. The
assessments prescribed under division (B)(1) of this section
shall be administered to all eleventh-grade students in the
spring of the school year.
(b) Beginning with students who enter the ninth grade for
the first time on or after July 1, 2022, the parent or guardian
of a student may elect not to have a nationally standardized
assessment administered to that student. In that event, the
student's school district or school shall not administer the
nationally standardized assessment to that student.
(2)(a) Except as provided in division (B)(2)(b) of this
section, seven end-of-course examinations, one in each of the
areas of English language arts I, English language arts II,
science, Algebra I, geometry, American history, and American
government. The end-of-course examinations shall be selected
jointly by the department and the chancellor in consultation
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with faculty in the appropriate subject areas at institutions of
higher education of the university system of Ohio. Advanced
placement examinations and international baccalaureate
examinations, as prescribed under section 3313.6013 of the
Revised Code, in the areas of science, American history, and
American government may be used as end-of-course examinations in
accordance with division (B)(4)(a)(i) of this section. Final
course grades for courses taken under any other advanced
standing program, as prescribed under section 3313.6013 of the
Revised Code, in the areas of science, American history, and
American government may be used in lieu of end-of-course
examinations in accordance with division (B)(4)(a)(ii) of this
section.
(b) Beginning with students who enter ninth grade for the
first time on or after July 1, 2019, five end-of-course
examinations, one in each areas of English language arts II,
science, Algebra I, American history, and American government.
However, only the end-of-course examinations in English language
arts II and Algebra I shall be required for graduation.
The department shall, as necessary to implement division
(B)(2)(b) of this section, seek a waiver from the United States
secretary of education for testing requirements prescribed under
federal law to allow for the use and implementation of Algebra I
as the primary assessment of high school mathematics. If the
department does not receive a waiver under this division, the
end-of-course examinations for students described in division
(B)(2)(b) of this section also shall include an end-of-course
examination in the area of geometry. However, the geometry end-
of-course examination shall not be required for graduation.
(3) The end-of-course examinations in American history and
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American government shall require demonstration of mastery of
the American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
At least twenty per cent of the end-of-course examination
in American government shall address the topics on American
history and American government described in division (M) of
section 3313.603 of the Revised Code.
(4)(a) Notwithstanding anything to the contrary in this
section, both of the following shall apply:
(i) If a student is enrolled in an appropriate advanced
placement or international baccalaureate course, that student
shall take the advanced placement or international baccalaureate
examination in lieu of the science, American history, or
American government end-of-course examinations prescribed under
division (B)(2) of this section. The department shall specify
the score levels for each advanced placement examination and
international baccalaureate examination for purposes of
calculating the minimum cumulative performance score that
demonstrates the level of academic achievement necessary to earn
a high school diploma.
(ii) If a student is enrolled in an appropriate course
under any other advanced standing program, as described in
section 3313.6013 of the Revised Code, that student shall not be
required to take the science, American history, or American
government end-of-course examination, whichever is applicable,
prescribed under division (B)(2) of this section. Instead, that
student's final course grade shall be used in lieu of the
applicable end-of-course examination prescribed under that
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section. The department, in consultation with the chancellor,
shall adopt guidelines for purposes of calculating the
corresponding final course grades that demonstrate the level of
academic achievement necessary to earn a high school diploma.
Division (B)(4)(a)(ii) of this section shall apply only to
courses for which students receive transcripted credit, as
defined in section 3365.01 of the Revised Code. It shall not
apply to remedial or developmental courses.
(b) No student shall take a substitute examination or
examination prescribed under division (B)(4)(a) of this section
in place of the end-of-course examinations in English language
arts I, English language arts II, Algebra I, or geometry
prescribed under division (B)(2) of this section.
(c) The department shall consider additional assessments
that may be used as substitute examinations in lieu of the end-
of-course examinations prescribed under division (B)(2) of this
section.
(5) The department shall do all of the following:
(a) Determine and designate at least five ranges of scores
on each of the end-of-course examinations prescribed under
division (B)(2) of this section, and substitute examinations
prescribed under division (B)(4) of this section. Not later than
sixty days after the designation of ranges of scores, the
director of education and workforce shall conduct a public
presentation before the standing committees of the house of
representatives and the senate that consider primary and
secondary education legislation regarding the designated range
of scores. Each range of scores shall be considered to
demonstrate a level of achievement so that any student attaining
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a score within such range has achieved one of the following:
(i) An advanced level of skill;
(ii) An accomplished level of skill;
(iii) A proficient level of skill;
(iv) A basic level of skill;
(v) A limited level of skill.
(b) Determine a method by which to calculate a cumulative
performance score based on the results of a student's end-of-
course examinations or substitute examinations;
(c) Determine the minimum cumulative performance score
that demonstrates the level of academic achievement necessary to
earn a high school diploma under division (A)(2) of section
3313.618 of the Revised Code. However, no new minimum cumulative
performance score shall be determined after October 17, 2019.
(d) Develop a table of corresponding score equivalents for
the end-of-course examinations and substitute examinations in
order to calculate student performance consistently across the
different examinations.
A score of two on an advanced placement examination or a
score of two or three on an international baccalaureate
examination shall be considered equivalent to a proficient level
of skill as specified under division (B)(5)(a)(iii) of this
section.
(6)(a) A student who meets both of the following
conditions shall not be required to take an end-of-course
examination:
(i) The student received high school credit prior to July
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1, 2015, for a course for which the end-of-course examination is
prescribed.
(ii) The examination was not available for administration
prior to July 1, 2015.
Receipt of credit for the course described in division (B)
(6)(a)(i) of this section shall satisfy the requirement to take
the end-of-course examination. A student exempted under division
(B)(6)(a) of this section may take the applicable end-of-course
examination at a later date.
(b) For purposes of determining whether a student who is
exempt from taking an end-of-course examination under division
(B)(6)(a) of this section has attained the cumulative score
prescribed by division (B)(5)(c) of this section, such student
shall select either of the following:
(i) The student is considered to have attained a
proficient score on the end-of-course examination from which the
student is exempt;
(ii) The student's final course grade shall be used in
lieu of a score on the end-of-course examination from which the
student is exempt.
The department, in consultation with the chancellor, shall
adopt guidelines for purposes of calculating the corresponding
final course grades and the minimum cumulative performance score
that demonstrates the level of academic achievement necessary to
earn a high school diploma.
(7)(a) Notwithstanding anything to the contrary in this
section, the department may replace the algebra I end-of-course
examination prescribed under division (B)(2) of this section
with an algebra II end-of-course examination, beginning with the
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2016-2017 school year for students who enter ninth grade on or
after July 1, 2016.
(b) If the department replaces the algebra I end-of-course
examination with an algebra II end-of-course examination as
authorized under division (B)(7)(a) of this section, both of the
following shall apply:
(i) A student who is enrolled in an advanced placement or
international baccalaureate course in algebra II shall take the
advanced placement or international baccalaureate examination in
lieu of the algebra II end-of-course examination.
(ii) A student who is enrolled in an algebra II course
under any other advanced standing program, as described in
section 3313.6013 of the Revised Code, shall not be required to
take the algebra II end-of-course examination. Instead, that
student's final course grade shall be used in lieu of the
examination.
(c) If a school district or school utilizes an integrated
approach to mathematics instruction, the district or school may
do either or both of the following:
(i) Administer an integrated mathematics I end-of-course
examination in lieu of the prescribed algebra I end-of-course
examination;
(ii) Administer an integrated mathematics II end-of-course
examination in lieu of the prescribed geometry end-of-course
examination.
(8)(a) For students entering the ninth grade for the first
time on or after July 1, 2014, but prior to July 1, 2015, the
assessment in the area of science shall be physical science or
biology. For students entering the ninth grade for the first
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time on or after July 1, 2015, the assessment in the area of
science shall be biology.
(b) Until July 1, 2019, the department shall make
available the end-of-course examination in physical science for
students who entered the ninth grade for the first time on or
after July 1, 2014, but prior to July 1, 2015, and who wish to
retake the examination.
(c) The department shall adopt rules prescribing the
requirements for the end-of-course examination in science for
students who entered the ninth grade for the first time on or
after July 1, 2014, but prior to July 1, 2015, and who have not
met the requirement prescribed by section 3313.618 of the
Revised Code by July 1, 2019, due to a student's failure to
satisfy division (A)(2) of section 3313.618 of the Revised Code.
(9) The department shall not develop or administer an end-
of-course examination in the area of world history.
(10) The department, in consultation with the chancellor
and the governor's office of workforce transformation, shall
determine a competency score for both of the Algebra I and
English language arts II end-of-course examinations for the
purpose of graduation eligibility.
(C) The department shall convene a group of national
experts, state experts, and local practitioners to provide
advice, guidance, and recommendations for the alignment of
standards and model curricula to the assessments and in the
design of the end-of-course examinations prescribed by this
section.
(D) Upon completion of the development of the assessment
system, the department shall adopt rules prescribing all of the
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following:
(1) A timeline and plan for implementation of the
assessment system, including a phased implementation if the
department determines such a phase-in is warranted;
(2) The date after which a person shall meet the
requirements of the entire assessment system as a prerequisite
for a diploma of adult education under section 3313.611 of the
Revised Code;
(3) Whether and the extent to which a person may be
excused from an American history end-of-course examination and
an American government end-of-course examination under division
(H) of section 3313.61 and division (B)(3) of section 3313.612
of the Revised Code;
(4) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person
fulfilled the curriculum requirement shall meet the requirements
of the entire assessment system as a prerequisite for a high
school diploma under division (B) of section 3313.614 of the
Revised Code;
(5) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program
for purposes of division (F) of section 3313.603 and section
3314.36 of the Revised Code.
(E)(1) Any person enrolled in a nonchartered nonpublic
school or any person who is exempt from attendance at school for
the purpose of home education under section 3321.042 of the
Revised Code may choose to participate in the system of
assessments administered under divisions (B)(1) and (2) of this
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section. However, no such person shall be required to
participate in the system of assessments.
(2) The department shall adopt rules for the
administration and scoring of any assessments under division (E)
(1) of this section.
(F) The department shall select at least one nationally
recognized job skills assessment. Each school district shall
administer that assessment to those students who opt to take it.
The department shall reimburse a school district for the costs
of administering that assessment. The department shall establish
the minimum score a student must attain on the job skills
assessment in order to demonstrate a student's workforce
readiness and employability. The administration of the job
skills assessment to a student under this division shall not
exempt a school district from administering the assessments
prescribed in division (B) of this section to that student.
Sec. 3302.03. Not later than the thirty-first day of July
of each year, the department of education and workforce shall
submit preliminary report card data for overall academic
performance and for each separate performance measure for each
school district, and each school building, in accordance with
this section.
Annually, not later than the fifteenth day of September or
the preceding Friday when that day falls on a Saturday or
Sunday, the department shall assign a letter grade or
performance rating for overall academic performance and for each
separate performance measure for each school district, and each
school building in a district, in accordance with this section.
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code to implement this section. The department's rules
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shall establish performance criteria for each letter grade or
performance rating and prescribe a method by which the
department assigns each letter grade or performance rating. For
a school building to which any of the performance measures do
not apply, due to grade levels served by the building, the
department shall designate the performance measures that are
applicable to the building and that must be calculated
separately and used to calculate the building's overall grade or
performance rating. The department shall issue annual report
cards reflecting the performance of each school district, each
building within each district, and for the state as a whole
using the performance measures and letter grade or performance
rating system described in this section. The department shall
include on the report card for each district and each building
within each district the most recent two-year trend data in
student achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall
issue grades as described in division (F) of this section for
each of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as adopted by
the department. In adopting benchmarks for assigning letter
grades under division (A)(1)(b) of this section, the department
shall designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
and less than fifty per cent for an "F."
(c) The extent to which the school district or building
meets each of the applicable performance indicators established
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by the department under section 3302.02 of the Revised Code and
the percentage of applicable performance indicators that have
been achieved. In adopting benchmarks for assigning letter
grades under division (A)(1)(c) of this section, the department
shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation
rates.
In adopting benchmarks for assigning letter grades under
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the
department shall designate a four-year adjusted cohort
graduation rate of ninety-three per cent or higher for an "A"
and a five-year cohort graduation rate of ninety-five per cent
or higher for an "A."
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
available. The letter grade assigned for this growth measure
shall be as follows:
(i) A score that is at least one standard error of measure
above the mean score shall be designated as an "A."
(ii) A score that is less than one standard error of
measure above but greater than one standard error of measure
below the mean score shall be designated as a "B."
(iii) A score that is less than or equal to one standard
error of measure below the mean score but greater than two
standard errors of measure below the mean score shall be
designated as a "C."
(iv) A score that is less than or equal to two standard
errors of measure below the mean score but is greater than three
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standard errors of measure below the mean score shall be
designated as a "D."
(v) A score that is less than or equal to three standard
errors of measure below the mean score shall be designated as an
"F."
Whenever the value-added progress dimension is used as a
graded performance measure in this division and divisions (B)
and (C) of this section, whether as an overall measure or as a
measure of separate subgroups, the grades for the measure shall
be calculated in the same manner as prescribed in division (A)
(1)(e) of this section.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted, students with
disabilities, and students whose performance places them in the
lowest quintile for achievement on a statewide basis. Each
subgroup shall be a separate graded measure.
(2) The department shall adopt a resolution describing the
performance measures, benchmarks, and grading system for the
2012-2013 school year and shall adopt rules in accordance with
Chapter 119. of the Revised Code that prescribe the methods by
which the performance measures under division (A)(1) of this
section shall be assessed and assigned a letter grade, including
performance benchmarks for each letter grade.
At least forty-five days prior to the department's
adoption of rules to prescribe the methods by which the
performance measures under division (A)(1) of this section shall
be assessed and assigned a letter grade, the department shall
conduct a public presentation before the standing committees of
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the house of representatives and the senate that consider
education legislation describing such methods, including
performance benchmarks.
(3) There shall not be an overall letter grade for a
school district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall
issue grades as described in division (F) of this section for
each of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by
the department. In adopting benchmarks for assigning letter
grades under division (B)(1)(b) of this section, the department
shall designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
and less than fifty per cent for an "F."
(c) The extent to which the school district or building
meets each of the applicable performance indicators established
by the department under section 3302.03 of the Revised Code and
the percentage of applicable performance indicators that have
been achieved. In adopting benchmarks for assigning letter
grades under division (B)(1)(c) of this section, the department
shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation
rates;
(e) The overall score under the value-added progress
dimension of a school district or building, for which the
department shall use up to three years of value-added data as
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available.
(f) The value-added progress dimension score for a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis. Each subgroup shall be a
separate graded measure.
(g) Whether a school district or building is making
progress in improving literacy in grades kindergarten through
three, as determined using a method prescribed by the
department. The department shall adopt rules to prescribe
benchmarks and standards for assigning grades to districts and
buildings for purposes of division (B)(1)(g) of this section. In
adopting benchmarks for assigning letter grades under divisions
(B)(1)(g) and (C)(1)(g) of this section, the department shall
determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading and
writing diagnostic assessments administered under section
3301.0715 of the Revised Code and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The department shall designate for a "C"
grade a value that is not lower than the statewide average value
for this measure. No grade shall be issued under divisions (B)
(1)(g) and (C)(1)(g) of this section for a district or building
in which less than five per cent of students have scored below
grade level on the diagnostic assessment administered to
students in kindergarten under division (B)(1) of section
3313.608 of the Revised Code.
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(h) For a high mobility school district or building, an
additional value-added progress dimension score. For this
measure, the department shall use value-added data from the most
recent school year available and shall use assessment scores for
only those students to whom the district or building has
administered the assessments prescribed by section 3301.0710 of
the Revised Code for each of the two most recent consecutive
school years.
As used in this division, "high mobility school district
or building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of
students who have attended that school district or building for
less than one year.
(2) In addition to the graded measures in division (B)(1)
of this section, the department shall include on a school
district's or building's report card all of the following
without an assigned letter grade:
(a) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(b) The number of a district's or building's students who
have earned at least three college credits through dual
enrollment or advanced standing programs, such as the post-
secondary enrollment options program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear
on a student's transcript or other official document, either of
which is issued by the institution of higher education from
which the student earned the college credit. The credits earned
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that are reported under divisions (B)(2)(b) and (C)(2)(c) of
this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.
(c) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with standards adopted under division (F) of section 3345.061 of
the Revised Code;
(d) The percentage of the district's or the building's
students who receive industry-recognized credentials as approved
under section 3313.6113 of the Revised Code.
(e) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate
examinations.
(f) The percentage of the district's or building's
students who receive an honors diploma under division (B) of
section 3313.61 of the Revised Code.
(3) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code that prescribe the methods by
which the performance measures under divisions (B)(1)(f) and (B)
(1)(g) of this section will be assessed and assigned a letter
grade, including performance benchmarks for each grade.
At least forty-five days prior to the department's
adoption of rules to prescribe the methods by which the
performance measures under division (B)(1) of this section shall
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be assessed and assigned a letter grade, the department shall
conduct a public presentation before the standing committees of
the house of representatives and the senate that consider
education legislation describing such methods, including
performance benchmarks.
(4) There shall not be an overall letter grade for a
school district or building for the 2013-2014, 2014-2015, 2015-
2016, and 2016-2017 school years.
(C)(1) For the 2014-2015, 2015-2016, 2016-2017, 2017-2018,
2018-2019, 2019-2020, and 2020-2021 school years, the department
shall issue grades as described in division (F) of this section
for each of the performance measures prescribed in division (C)
(1) of this section. The graded measures are as follows:
(a) Annual measurable objectives. For the 2017-2018 school
year, the department shall not include any subgroup data in the
annual measurable objectives that includes data from fewer than
twenty-five students. For the 2018-2019 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than twenty
students. Beginning with the 2019-2020 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than fifteen
students.
(b) Performance index score for a school district or
building. Grades shall be awarded as a percentage of the total
possible points on the performance index system as created by
the department. In adopting benchmarks for assigning letter
grades under division (C)(1)(b) of this section, the department
shall designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
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and less than fifty per cent for an "F."
(c) The extent to which the school district or building
meets each of the applicable performance indicators established
by the department under section 3302.03 of the Revised Code and
the percentage of applicable performance indicators that have
been achieved. In adopting benchmarks for assigning letter
grades under division (C)(1)(c) of this section, the department
shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation
rates;
(e) The overall score under the value-added progress
dimension, or another measure of student academic progress if
adopted by the department, of a school district or building, for
which the department shall use up to three years of value-added
data as available.
In adopting benchmarks for assigning letter grades for
overall score on value-added progress dimension under division
(C)(1)(e) of this section, the department shall prohibit the
assigning of a grade of "A" for that measure unless the
district's or building's grade assigned for value-added progress
dimension for all subgroups under division (C)(1)(f) of this
section is a "C" or higher.
For the metric prescribed by division (C)(1)(e) of this
section, the department may adopt a student academic progress
measure to be used instead of the value-added progress
dimension. If the department adopts such a measure, it also
shall prescribe a method for assigning letter grades for the new
measure that is comparable to the method prescribed in division
(A)(1)(e) of this section.
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(f) The value-added progress dimension score of a school
district or building disaggregated for each of the following
subgroups: students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324.
of the Revised Code, students with disabilities, and students
whose performance places them in the lowest quintile for
achievement on a statewide basis, as determined by a method
prescribed by the department. Each subgroup shall be a separate
graded measure.
The department may adopt student academic progress
measures to be used instead of the value-added progress
dimension. If the department adopts such measures, it also shall
prescribe a method for assigning letter grades for the new
measures that is comparable to the method prescribed in division
(A)(1)(e) of this section.
(g) Whether a school district or building is making
progress in improving literacy in grades kindergarten through
three, as determined using a method prescribed by the
department. The department shall adopt rules to prescribe
benchmarks and standards for assigning grades to a district or
building for purposes of division (C)(1)(g) of this section. The
department shall designate for a "C" grade a value that is not
lower than the statewide average value for this measure. No
grade shall be issued under division (C)(1)(g) of this section
for a district or building in which less than five per cent of
students have scored below grade level on the kindergarten
diagnostic assessment under division (B)(1) of section 3313.608
of the Revised Code.
(h) For a high mobility school district or building, an
additional value-added progress dimension score. For this
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measure, the department shall use value-added data from the most
recent school year available and shall use assessment scores for
only those students to whom the district or building has
administered the assessments prescribed by section 3301.0710 of
the Revised Code for each of the two most recent consecutive
school years.
As used in this division, "high mobility school district
or building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of
students who have attended that school district or building for
less than one year.
(2) In addition to the graded measures in division (C)(1)
of this section, the department shall include on a school
district's or building's report card all of the following
without an assigned letter grade:
(a) The percentage of students enrolled in a district or
building who have taken a national standardized test used for
college admission determinations and the percentage of those
students who are determined to be remediation-free in accordance
with the standards adopted under division (F) of section
3345.061 of the Revised Code;
(b) The percentage of students enrolled in a district or
building participating in advanced placement classes and the
percentage of those students who received a score of three or
better on advanced placement examinations;
(c) The percentage of a district's or building's students
who have earned at least three college credits through advanced
standing programs, such as the college credit plus program under
Chapter 3365. of the Revised Code and state-approved career-
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technical courses offered through dual enrollment or statewide
articulation, that appear on a student's college transcript
issued by the institution of higher education from which the
student earned the college credit. The credits earned that are
reported under divisions (B)(2)(b) and (C)(2)(c) of this section
shall not include any that are remedial or developmental and
shall include those that count toward the curriculum
requirements established for completion of a degree.
(d) The percentage of the district's or building's
students who receive an honor's diploma under division (B) of
section 3313.61 of the Revised Code;
(e) The percentage of the district's or building's
students who receive industry-recognized credentials as approved
under section 3313.6113 of the Revised Code;
(f) The percentage of students enrolled in a district or
building who are participating in an international baccalaureate
program and the percentage of those students who receive a score
of four or better on the international baccalaureate
examinations;
(g) The results of the college and career-ready
assessments administered under division (B)(1) of section
3301.0712 of the Revised Code;
(h) Whether the school district or building has
implemented a positive behavior intervention and supports
framework in compliance with the requirements of section 3319.46
of the Revised Code, notated as a "yes" or "no" answer.
(3) The department shall adopt rules pursuant to Chapter
119. of the Revised Code that establish a method to assign an
overall grade for a school district or school building for the
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2017-2018 school year and each school year thereafter. The rules
shall group the performance measures in divisions (C)(1) and (2)
of this section into the following components:
(a) Gap closing, which shall include the performance
measure in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance
measures in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures
in divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance
measure in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall
include the performance measure in division (C)(1)(g) of this
section;
(f) Prepared for success, which shall include the
performance measures in divisions (C)(2)(a), (b), (c), (d), (e),
and (f) of this section. The department shall develop a method
to determine a grade for the component in division (C)(3)(f) of
this section using the performance measures in divisions (C)(2)
(a), (b), (c), (d), (e), and (f) of this section. When
available, the department may incorporate the performance
measure under division (C)(2)(g) of this section into the
component under division (C)(3)(f) of this section. When
determining the overall grade for the prepared for success
component prescribed by division (C)(3)(f) of this section, no
individual student shall be counted in more than one performance
measure. However, if a student qualifies for more than one
performance measure in the component, the department may, in its
method to determine a grade for the component, specify an
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694 S. B. No. 127 Page 25
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additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the department shall ensure that the
pool of students included in the performance measures aggregated
under that division are all of the students included in the
four- and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this
section, the department shall adopt a method for determining a
grade for each component in divisions (C)(3)(a) to (f) of this
section. The department also shall establish a method to assign
an overall grade of "A," "B," "C," "D," or "F" using the grades
assigned for each component. The method the department adopts
for assigning an overall grade shall give equal weight to the
components in divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the department's
adoption of rules to prescribe the methods for calculating the
overall grade for the report card, as required by this division,
the department shall conduct a public presentation before the
standing committees of the house of representatives and the
senate that consider education legislation describing the format
for the report card, weights that will be assigned to the
components of the overall grade, and the method for calculating
the overall grade.
(D) For the 2021-2022 school year and each school year
thereafter, all of the following apply:
(1) The department shall include on a school district's or
building's report card all of the following performance measures
without an assigned performance rating:
(a) Whether the district or building meets the gifted
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723 S. B. No. 127 Page 26
As Introduced
performance indicator under division (A)(2) of section 3302.02
of the Revised Code and the extent to which the district or
building meets gifted indicator performance benchmarks;
(b) The extent to which the district or building meets the
chronic absenteeism indicator under division (A)(3) of section
3302.02 of the Revised Code;
(c) Performance index score percentage for a district or
building, which shall be calculated by dividing the district's
or building's performance index score according to the
performance index system created by the department by the
maximum performance index score for a district or building. The
maximum performance index score shall be as follows:
(i) For a building, the average of the highest two per
cent of performance index scores achieved by a building for the
school year for which a report card is issued;
(ii) For a district, the average of the highest two per
cent of performance index scores achieved by a district for the
school year for which a report card is issued.
(d) The overall score under the value-added progress
dimension of a district or building, for which the department
shall use three consecutive years of value-added data. In using
three years of value-added data to calculate the measure
prescribed under division (D)(1)(d) of this section, the
department shall assign a weight of fifty per cent to the most
recent year's data and a weight of twenty-five per cent to the
data of each of the other years. However, if three consecutive
years of value-added data is not available, the department shall
use prior years of value-added data to calculate the measure, as
follows:
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(i) If two consecutive years of value-added data is not
available, the department shall use one year of value-added data
to calculate the measure.
(ii) If two consecutive years of value-added data is
available, the department shall use two consecutive years of
value-added data to calculate the measure. In using two years of
value-added data to calculate the measure, the department shall
assign a weight of sixty-seven per cent to the most recent
year's data and a weight of thirty-three per cent to the data of
the other year.
(e) The four-year adjusted cohort graduation rate.
(f) The five-year adjusted cohort graduation rate.
(g) The percentage of students in the district or building
who score proficient or higher on the reading segment of the
third grade English language arts assessment under section
3301.0710 of the Revised Code.
To the extent possible, the department shall include the
results of the summer administration of the third grade reading
assessment under section 3301.0710 of the Revised Code in the
performance measures prescribed under divisions (D)(1)(g) and
(h) of this section.
(h) Whether a district or building is making progress in
improving literacy in grades kindergarten through three, as
determined using a method prescribed by the department. The
method shall determine progress made based on the reduction in
the total percentage of students scoring below grade level, or
below proficient, compared from year to year on the reading
segments of the diagnostic assessments administered under
section 3301.0715 of the Revised Code, including the
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781 S. B. No. 127 Page 28
As Introduced
kindergarten readiness assessment, and the third grade English
language arts assessment under section 3301.0710 of the Revised
Code, as applicable. The method shall not include a deduction
for students who did not pass the third grade English language
arts assessment under section 3301.0710 of the Revised Code and
were not on a reading improvement and monitoring plan.
The performance measure prescribed under division (D)(1)
(h) of this section shall not be included on the report card of
a district or building in which less than ten per cent of
students have scored below grade level on the diagnostic
assessment administered to students in kindergarten under
division (B)(1) of section 3313.608 of the Revised Code.
(i) The percentage of students in a district or building
who are promoted to the fourth grade and not subject to
retention under division (A)(2) of section 3313.608 of the
Revised Code;
(j) A post-secondary readiness measure. This measure shall
be calculated by dividing the number of students included in the
four-year adjusted graduation rate cohort who demonstrate post-
secondary readiness by the total number of students included in
the denominator of the four-year adjusted graduation rate
cohort. Demonstration of post-secondary readiness shall include
a student doing any of the following:
(i) Attaining a remediation-free score, in accordance with
standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code;
(ii) Attaining required scores on three or more advanced
placement or international baccalaureate examinations. The
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810 S. B. No. 127 Page 29
As Introduced
required score for an advanced placement examination shall be a
three or better. The required score for an international
baccalaureate examination shall be a four or better. A student
may satisfy this condition with any combination of advanced
placement or international baccalaureate examinations.
(iii) Earning at least twelve college credits through
advanced standing programs, such as the college credit plus
program under Chapter 3365. of the Revised Code, an early
college high school program under section 3313.6013 of the
Revised Code, and state-approved career-technical courses
offered through dual enrollment or statewide articulation, that
appear on a student's college transcript issued by the
institution of higher education from which the student earned
the college credit. Earned credits reported under division (D)
(1)(j)(iii) of this section shall include credits that count
toward the curriculum requirements established for completion of
a degree, but shall not include any remedial or developmental
credits.
(iv) Meeting the additional criteria for an honors diploma
under division (B) of section 3313.61 of the Revised Code;
(v) Earning an industry-recognized credential or license
issued by a state agency or board for practice in a vocation
that requires an examination for issuance of that license
approved under section 3313.6113 of the Revised Code;
(vi) Satisfying any of the following conditions:
(I) Completing a pre-apprenticeship aligned with options
established under section 3313.904 of the Revised Code in the
student's chosen career field;
(II) Completing an apprenticeship registered with the
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839 S. B. No. 127 Page 30
As Introduced
apprenticeship council established under section 4139.02 of the
Revised Code in the student's chosen career field;
(III) Providing evidence of acceptance into an
apprenticeship program after high school that is restricted to
participants eighteen years of age or older.
(vii) Earning a cumulative score of proficient or higher
on three or more state technical assessments aligned with
section 3313.903 of the Revised Code in a single career pathway;
(viii) Earning an OhioMeansJobs-readiness seal established
under section 3313.6112 of the Revised Code and completing two
hundred fifty hours of an internship or other work-based
learning experience that is either:
(I) Approved by the business advisory council established
under section 3313.82 of the Revised Code that represents the
student's district; or
(II) Aligned to the career-technical education pathway
approved by the department in which the student is enrolled.
(ix) Providing evidence that the student has enlisted in a
branch of the armed services of the United States as defined in
section 5910.01 of the Revised Code.
A student who satisfies more than one of the conditions
prescribed under this division shall be counted as one student
for the purposes of calculating the measure prescribed under
division (D)(1)(j) of this section.
(2) In addition to the performance measures under division
(D)(1) of this section, the department shall report on a
district's or building's report card all of the following data
without an assigned performance rating:
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As Introduced
(a) The applicable performance indicators established by
the department under division (A)(1) of section 3302.02 of the
Revised Code;
(b) The overall score under the value-added progress
dimension of a district or building for the most recent school
year;
(c) A composite of the overall scores under the value-
added progress dimension of a district or building for the
previous three school years or, if only two years of value-added
data are available, for the previous two years;
(d) The percentage of students included in the four- and
five-year adjusted cohort graduation rates of a district or
building who did not receive a high school diploma under section
3313.61 or 3325.08 of the Revised Code. To the extent possible,
the department shall disaggregate that data according to the
following categories:
(i) Students who are still enrolled in the district or
building and receiving general education services;
(ii) Students with an individualized education program, as
defined in section 3323.01 of the Revised Code, who satisfied
the conditions for a high school diploma under section 3313.61
or 3325.08 of the Revised Code, but opted not to receive a
diploma and are still receiving education services;
(iii) Students with an individualized education program
who have not yet satisfied conditions for a high school diploma
under section 3313.61 or 3325.08 of the Revised Code and who are
still receiving education services;
(iv) Students who are no longer enrolled in any district
or building;
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(v) Students who, upon enrollment in the district or
building for the first time, had completed fewer units of high
school instruction required under section 3313.603 of the
Revised Code than other students in the four- or five-year
adjusted cohort graduation rate.
The department may disaggregate the data prescribed under
division (D)(2)(d) of this section according to other categories
that the department determines are appropriate.
(e) The results of the kindergarten diagnostic assessment
prescribed under division (D) of section 3301.079 of the Revised
Code;
(f) Post-graduate outcomes for students who were enrolled
in a district or building and received a high school diploma
under section 3313.61 or 3325.08 of the Revised Code in the
school year prior to the school year for which the report card
is issued, including the percentage of students who:
(i) Enrolled in a post-secondary educational institution.
To the extent possible, the department shall disaggregate that
data according to whether the student enrolled in a four-year
institution of higher education, a two-year institution of
higher education, an Ohio technical center that provides adult
technical education services and is recognized by the chancellor
of higher education, or another type of post-secondary
educational institution.
(ii) Entered an apprenticeship program registered with the
apprenticeship council established under Chapter 4139. of the
Revised Code. The department may include other job training
programs with similar rigor and outcomes.
(iii) Attained gainful employment, as determined by the
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As Introduced
department;
(iv) Enlisted in a branch of the armed forces of the
United States, as defined in section 5910.01 of the Revised
Code.
(g) Whether the school district or building has
implemented a positive behavior intervention and supports
framework in compliance with the requirements of section 3319.46
of the Revised Code, notated with a "yes" or "no";
(h) The number and percentage of high school seniors in
each school year who completed the free application for federal
student aid;
(i) Beginning with the report card issued under this
section for the 2022-2023 school year, a student opportunity
profile measure that reports data regarding the opportunities
provided to students by a district or building. To the extent
possible, and when appropriate, the data shall be disaggregated
by grade level and subgroup. The measure also shall include data
regarding the statewide average, the average for similar school
districts, and, for a building, the average for the district in
which the building is located. The measure shall include all of
the following data for the district or building:
(i) The average ratio of teachers of record to students in
each grade level in a district or building;
(ii) The average ratio of school counselors to students in
a district or building;
(iii) The average ratio of nurses to students in a
district or building;
(iv) The average ratio of licensed librarians and library
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media specialists to students in a district or building;
(v) The average ratio of social workers to students in a
district or building;
(vi) The average ratio of mental health professionals to
students in a district or building;
(vii) The average ratio of paraprofessionals to students
in a district or building;
(viii) The percentage of teachers with fewer than three
years of experience teaching in any school;
(ix) The percentage of principals with fewer than three
years of experience as a principal in any school;
(x) The percentage of teachers who are not teaching in the
subject or field for which they are certified or licensed;
(xi) The percentage of kindergarten students who are
enrolled in all-day kindergarten, as defined in section 3321.05
of the Revised Code;
(xii) The percentage of students enrolled in a performing
or visual arts course;
(xiii) The percentage of students enrolled in a physical
education or wellness course;
(xiv) The percentage of students enrolled in a world
language course;
(xv) The percentage of students in grades seven through
twelve who are enrolled in a career-technical education course;
(xvi) The percentage of students participating in one or
more cocurricular activities;
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(xvii) The percentage of students participating in advance
placement courses, international baccalaureate courses, honors
courses, or courses offered through the college credit plus
program established under Chapter 3365. of the Revised Code;
(xviii) The percentage of students identified as gifted in
superior cognitive ability and specific academic ability fields
under Chapter 3324. of the Revised Code and receiving gifted
services pursuant to that chapter;
(xix) The percentage of students participating in
enrichment or support programs offered by the district or
building outside of the normal school day;
(xx) The percentage of eligible students participating
each school day in school breakfast programs offered by the
district or building in accordance with section 3313.813 or
3313.818 of the Revised Code;
(xxi) The percentage of students who are transported by a
school bus each school day;
(xxii) The ratio of portable technology devices that
students may take home to the number of students.
The department shall include only opportunity measures at
the building level for which data for buildings is available, as
determined by a school district.
(j)(i) The percentage of students included in the four-
and five-year adjusted cohort graduation rates of the district
or building who completed all of grades nine through twelve
while enrolled in the district or building;
(ii) The four-year adjusted cohort graduation rate for
only those students who were continuously enrolled in the same
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district or building for grades nine through twelve.
(k) The percentage of students in the district or building
to whom both of the following apply:
(i) The students are promoted to fourth grade and not
subject to retention under division (A)(2) of section 3313.608
of the Revised Code.
(ii) The students completed all of the grade levels
offered prior to the fourth grade in the district or building.
(3) Except as provided in division (D)(3)(f) of this
section, the department shall use the method prescribed under
rules adopted under division (D)(4) of this section to assign
performance ratings of "one star," "two stars," "three stars,"
"four stars," or "five stars," as described in division (F) of
this section, for a district or building for the individual
components prescribed under division (D)(3) of this section. The
department also shall assign an overall performance rating for a
district or building in accordance with division (D)(3)(g) of
this section. The method shall use the performance measures
prescribed under division (D)(1) of this section to calculate
performance ratings for components. The method may report data
under division (D)(2) of this section with corresponding
components, but shall not use the data to calculate performance
ratings for that component. The performance measures and
reported data shall be grouped together into components as
follows:
(a) Gap closing. In addition to other criteria determined
appropriate by the department, performance ratings for the gap
closing component shall reflect whether each of the following
performance measures are met or not met:
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(i) The gifted performance indicator as described in
division (D)(1)(a) of this section;
(ii) The chronic absenteeism indicator as described in
division (D)(1)(b) of this section;
(iii) For English learners, an English language
proficiency improvement indicator established by the department;
(iv) The subgroup graduation targets;
(v) The subgroup achievement targets in both mathematics
and English language arts;
(vi) The subgroup progress targets in both mathematics and
English language arts.
Achievement and progress targets under division (D)(3)(a)
of this section shall be calculated individually, and districts
and buildings shall receive a status of met or not met on each
measure. The department shall not require a subgroup of a
district or building to meet both the achievement and progress
targets at the same time to receive a status of met.
The department shall not include any subgroup data in this
measure that includes data from fewer than fifteen students. Any
penalty for failing to meet the required assessment
participation rate must be partially in proportion to how close
the district or building was to meeting the rate requirement.
(b) Achievement, which shall include the performance
measure in division (D)(1)(c) of this section and the reported
data in division (D)(2)(a) of this section. Performance ratings
for the achievement component shall be awarded as a percentage
of the maximum performance index score described in division (D)
(1)(c) of this section.
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(c) Progress, which shall include the performance measure
in division (D)(1)(d) of this section and the reported data in
divisions (D)(2)(b) and (c) of this section;
(d) Graduation, which shall include the performance
measures in divisions (D)(1)(e) and (f) of this section and the
reported data in divisions (D)(2)(d) and (j) of this section.
The four-year adjusted cohort graduation rate shall be assigned
a weight of sixty per cent and the five-year adjusted cohort
graduation rate shall be assigned a weight of forty per cent ;.
(e) Early literacy, which shall include the performance
measures in divisions (D)(1)(g), (h), and (i) of this section
and the reported data in divisions (D)(2)(e) and (k) of this
section.
If the measure prescribed under division (D)(1)(h) of this
section is included in a report card, performance ratings for
the early literacy component shall give a weight of forty per
cent to the measure prescribed under division (D)(1)(g) of this
section, a weight of thirty-five per cent to the measure
prescribed under division (D)(1)(i) of this section, and a
weight of twenty-five per cent to the measure prescribed under
division (D)(1)(h) of this section.
If the measure prescribed under division (D)(1)(h) of this
section is not included in a report card of a district or
building, performance ratings for the early literacy component
shall give a weight of sixty per cent to the measure prescribed
under division (D)(1)(g) of this section and a weight of forty
per cent to the measure prescribed under division (D)(1)(i) of
this section.
(f) College, career, workforce, and military readiness,
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which shall include the performance measure in division (D)(1)
(j) of this section and the reported data in division (D)(2)(f)
of this section.
For the 2021-2022, 2022-2023, and 2023-2024 school years,
the department only shall report the data for, and not assign a
performance rating to, the college, career, workforce, and
military readiness component. The reported data shall include
the percentage of students who demonstrate post-secondary
readiness using any of the options described in division (D)(1)
(j) of this section.
The department shall analyze the data included in the
performance measure prescribed in division (D)(1)(j) of this
section for the 2021-2022, 2022-2023, and 2023-2024 school
years. Using that data, the department shall develop and propose
rules for a method to assign a performance rating to the
college, career, workforce, and military readiness component
based on that measure. The method to assign a performance rating
shall not include a tiered structure or per student bonuses. The
rules shall specify that a district or building shall not
receive lower than a performance rating of three stars for the
component if the district's or building's performance on the
component meets or exceeds a level of improvement set by the
department. Notwithstanding division (D)(4)(b) of this section,
more than half of the total districts and buildings may earn a
performance rating of three stars on this component to account
for the districts and buildings that earned a performance rating
of three stars because they met or exceeded the level of
improvement set by the department.
The department shall submit the rules to the joint
committee on agency rule review. The committee shall conduct at
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least one public hearing on the proposed rules and approve or
disapprove the rules. If the committee approves the rules, the
department shall adopt the rules in accordance with Chapter 119.
of the Revised Code. If the rules are adopted, the department
shall assign a performance rating to the college, career,
workforce, and military readiness component under the rules
beginning with the 2024-2025 school year, and for each school
year thereafter. If the committee disapproves the rules, the
component shall be included in the report card only as reported
data for the 2024-2025 school year, and each school year
thereafter.
(g)(i) Except as provided for in division (D)(3)(g)(ii) of
this section, beginning with the 2022-2023 school year, under
the method prescribed under rules adopted in division (D)(4) of
this section, the department shall use the performance ratings
assigned for the components prescribed in divisions (D)(3)(a) to
(e) of this section to determine and assign an overall
performance rating of "one star," "one and one-half stars," "two
stars," "two and one-half stars," "three stars," "three and one-
half stars," "four stars," "four and one-half stars," or "five
stars" for a district or building. The method shall give equal
weight to the components in divisions (D)(3)(b) and (c) of this
section. The method shall give equal weight to the components in
divisions (D)(3)(a), (d), and (e) of this section. The
individual weights of each of the components prescribed in
divisions (D)(3)(a), (d), and (e) of this section shall be equal
to one-half of the weight given to the component prescribed in
division (D)(3)(b) of this section.
(ii) If the joint committee on agency rule review approves
the department's rules regarding the college, career, workforce,
and military readiness component as described in division (D)(3)
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(f) of this section, for the 2024-2025 school year, and each
school year thereafter, the department's method shall use the
components in divisions (D)(3)(a), (b), (c), (d), (e), and (f)
of this section to calculate the overall performance rating. The
method shall give equal weight to the components in divisions
(D)(3)(b) and (c) of this section. The method shall give equal
weight to the components prescribed in divisions (D)(3)(a), (d),
(e), and (f) of this section. The individual weights of each of
the components prescribed in divisions (D)(3)(a), (d), (e), and
(f) of this section shall be equal to one-half the weight given
to the component prescribed in division (D)(3)(b) of this
section.
If the joint committee on agency rule review disapproves
the department's rules regarding the college, career, workforce,
and military readiness component as described in division (D)(3)
(f) of this section, division (D)(3)(g)(ii) of this section does
not apply.
(4)(a) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to establish the performance
criteria, benchmarks, and rating system necessary to implement
divisions (D) and (F) of this section, including the method for
the department to assign performance ratings under division (D)
(3) of this section.
(b) In establishing the performance criteria, benchmarks,
and rating system, the department shall consult with stakeholder
groups and advocates that represent parents, community members,
students, business leaders, and educators from different school
typology regions. The department shall use data from prior
school years and simulations to ensure that there is meaningful
differentiation among districts and buildings across all
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1184 S. B. No. 127 Page 42
As Introduced
performance ratings and that, except as permitted in division
(D)(3)(f) of this section, more than half of all districts or
buildings do not earn the same performance rating in any
component or overall performance rating.
(c) The department shall adopt the rules prescribed by
division (D)(4) of this section not later than March 31, 2022.
However, the department shall notify districts and buildings of
the changes to the report card prescribed in law not later than
one week after September 30, 2021.
(d) Prior to adopting or updating rules under division (D)
(4) of this section, the director of education and workforce and
the department shall conduct a public presentation before the
standing committees of the house of representatives and the
senate that consider primary and secondary education legislation
describing the format for the report card and the performance
criteria, benchmarks, and rating system, including the method to
assign performance ratings under division (D)(3) of this
section.
(E) The department may develop a measure of student
academic progress for high school students using only data from
assessments in English language arts and mathematics. If the
department develops this measure, each school district and
applicable school building shall be assigned a separate letter
grade for it not sooner than the 2017-2018 school year. The
district's or building's grade for that measure shall not be
included in determining the district's or building's overall
letter grade.
(F)(1) The letter grades assigned to a school district or
building under this section shall be as follows:
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1213 S. B. No. 127 Page 43
As Introduced
(a) "A" for a district or school making excellent
progress;
(b) "B" for a district or school making above average
progress;
(c) "C" for a district or school making average progress;
(d) "D" for a district or school making below average
progress;
(e) "F" for a district or school failing to meet minimum
progress.
(2) For the overall performance rating under division (D)
(3) of this section, the department shall include a descriptor
for each performance rating as follows:
(a) "Significantly exceeds state standards" for a
performance rating of five stars;
(b) "Exceeds state standards" for a performance rating of
four stars or four and one-half stars;
(c) "Meets state standards" for a performance rating of
three stars or three and one-half stars;
(d) "Needs support to meet state standards" for a
performance rating of two stars or two and one-half stars;
(e) "Needs significant support to meet state standards"
for a performance rating of one star or one and one-half stars.
(3) For performance ratings for each component under
divisions (D)(3)(a) to (f) of this section, the department shall
include a description of each component and performance rating.
The description shall include component-specific context to each
performance rating earned, estimated comparisons to other school
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As Introduced
districts and buildings if appropriate, and any other
information determined by the department. The descriptions shall
be not longer than twenty-five words in length when possible. In
addition to such descriptions, the department shall include the
descriptors in division (F)(2) of this section for component
performance ratings.
(4) Each report card issued under this section shall
include all of the following:
(a) A graphic that depicts the performance ratings of a
district or school on a color scale. The color associated with a
performance rating of three stars shall be green and the color
associated with a performance rating of one star shall be red.
(b) An arrow graphic that shows data trends for
performance ratings for school districts or buildings. The
department shall determine the data to be used for this graphic,
which shall include at least the three most recent years of
data.
(c) A description regarding the weights that are assigned
to each component and used to determine an overall performance
rating, as prescribed under division (D)(3)(g) of this section,
which shall be included in the presentation of the overall
performance rating on each report card.
(G) When reporting data on student achievement and
progress, the department shall disaggregate that data according
to the following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
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1268 S. B. No. 127 Page 45
As Introduced
(4) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(6) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are
economically disadvantaged;
(8) Performance of students grouped by those who are
enrolled in a conversion community school established under
Chapter 3314. of the Revised Code;
(9) Performance of students grouped by those who are
classified as English learners;
(10) Performance of students grouped by those who have
disabilities;
(11) Performance of students grouped by those who are
classified as migrants;
(12) Performance of students grouped by those who are
identified as gifted in superior cognitive ability and the
specific academic ability fields of reading and math pursuant to
Chapter 3324. of the Revised Code. In disaggregating specific
academic ability fields for gifted students, the department
shall use data for those students with specific academic ability
in math and reading. If any other academic field is assessed,
the department shall also include data for students with
specific academic ability in that field as well.
(13) Performance of students grouped by those who perform
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As Introduced
in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the department.
The department may disaggregate data on student
performance according to other categories that the department
determines are appropriate. To the extent possible, the
department shall disaggregate data on student performance
according to any combinations of two or more of the categories
listed in divisions (G)(1) to (13) of this section that it deems
relevant.
In reporting data pursuant to division (G) of this
section, the department shall not include in the report cards
any data statistical in nature that is statistically unreliable
or that could result in the identification of individual
students. For this purpose, the department shall not report
student performance data for any group identified in division
(G) of this section that contains less than ten students. If the
department does not report student performance data for a group
because it contains less than ten students, the department shall
indicate on the report card that is why data was not reported.
(H) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(I) The department shall include on each report card a
list of additional information collected by the department that
is available regarding the district or building for which the
report card is issued. When available, such additional
information shall include student mobility data disaggregated by
race and socioeconomic status, college enrollment data, and the
reports prepared under section 3302.031 of the Revised Code.
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The department shall maintain a site on the world wide
web. The report card shall include the address of the site and
shall specify that such additional information is available to
the public at that site. The department shall also provide a
copy of each item on the list to the superintendent of each
school district. The district superintendent shall provide a
copy of any item on the list to anyone who requests it.
(J)(1)(a) Except as provided in division (J)(1)(b) of this
section, for any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of
students enrolled in the community school with comparable data
from the schools of the district for the purpose of determining
the performance of the district as a whole on the report card
issued for the district under this section or section 3302.033
of the Revised Code.
(b) The department shall not combine data from any
conversion community school that a district sponsors if a
majority of the students enrolled in the conversion community
school are enrolled in a dropout prevention and recovery program
that is operated by the school , as described in division (B)(1)
of section 3314.35 of the Revised Code . The department shall
include as an addendum to the district's report card the ratings
and performance measures that are required under section
3314.017 of the Revised Code for any community school to which
division (J)(1)(b) of this section applies. This addendum shall
include, at a minimum, the data specified in divisions (C)(1)
(a), (C)(2), and (C)(3) of section 3314.017 of the Revised Code.
(2) Any district that leases a building to a community
school located in the district or that enters into an agreement
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with a community school located in the district whereby the
district and the school endorse each other's programs may elect
to have data regarding the academic performance of students
enrolled in the community school combined with comparable data
from the schools of the district for the purpose of determining
the performance of the district as a whole on the district
report card. Any district that so elects shall annually file a
copy of the lease or agreement with the department.
(3) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors a community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may exercise either or both of the
following elections:
(a) To have data regarding the academic performance of
students enrolled in that community school combined with
comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district's report card;
(b) To have the number of students attending that
community school noted separately on the district's report card.
The election authorized under division (J)(3)(a) of this
section is subject to approval by the governing authority of the
community school.
Any municipal school district that exercises an election
to combine or include data under division (J)(3) of this
section, by the first day of October of each year, shall file
with the department documentation indicating eligibility for
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that election, as required by the department.
(K) The department shall include on each report card the
percentage of teachers in the district or building who are
properly certified or licensed teachers, as defined in section
3319.074 of the Revised Code, and a comparison of that
percentage with the percentages of such teachers in similar
districts and buildings.
(L)(1) In calculating English language arts, mathematics,
science, American history, or American government assessment
passage rates used to determine school district or building
performance under this section, the department shall include all
students taking an assessment with accommodation or to whom an
alternate assessment is administered pursuant to division (C)(1)
or (3) of section 3301.0711 of the Revised Code and all students
who take substitute examinations approved under division (B)(4)
of section 3301.0712 of the Revised Code in the subject areas of
science, American history and American government.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the
department under section 3302.02 of the Revised Code, and annual
measurable objectives for determining adequate yearly progress
for school districts and buildings under this section, the
department shall do all of the following:
(a) Include for each district or building only those
students who are included in the ADM certified for the first
full school week of October and are continuously enrolled in the
district or building through the time of the spring
administration of any assessment prescribed by division (A)(1)
or (B)(1) of section 3301.0710 or division (B) of section
3301.0712 of the Revised Code that is administered to the
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As Introduced
student's grade level;
(b) Include cumulative totals from both the fall and
spring administrations of the third grade English language arts
achievement assessment and, to the extent possible, the summer
administration of that assessment;
(c) Include for each district or building any English
learner in accordance with the department's plan, as approved by
the United States secretary of education, to comply with the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339.
As used in this section, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.
(M) Beginning with the 2015-2016 school year and at least
once every three years thereafter, the department shall review
and may adjust the benchmarks for assigning letter grades or
performance ratings to the performance measures and components
prescribed under divisions (C)(3), (D), and (E) of this section.
Sec. 3302.034. (A) The department of education and
workforce shall adopt and specify measures in addition to those
included on the report card issued under section 3302.03 of the
Revised Code. The measures adopted under this section shall be
reported separately, as specified under division (B) of this
section, for each school district, each building in a district,
each community school established under Chapter 3314., each STEM
school established under Chapter 3326., and each college-
preparatory boarding school established under Chapter 3328. of
the Revised Code. The measures shall include at least the
following:
(1) Data for students who have passed over a grade or
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1443 S. B. No. 127 Page 51
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subject area under an acceleration policy prescribed under
section 3324.10 of the Revised Code;
(2) The number of students who are economically
disadvantaged as determined by the department;
(3) The number of lead teachers employed by each district
and each building once the data is available through the
education management information system established under
section 3301.0714 of the Revised Code;
(4) The amount of students screened and identified as
gifted under Chapter 3324. of the Revised Code;
(5) Postgraduate student outcome data as described under
division (E)(2)(d)(ii) of section 3314.017 of the Revised Code ,
including postsecondary credit earned, nationally recognized
career or technical certification, military enlistment, job
placement, and attendance rate ;
(6) Availability of courses in fine arts;
(7) Participation with other school districts to provide
career-technical education services to students.
(B) The department shall report this information annually
beginning with the 2013-2014 school year and make this
information available on its web site for comparison purposes.
Sec. 3302.036. (A) Notwithstanding anything in the Revised
Code to the contrary, the department of education and workforce
shall not assign an overall letter grade under division (C)(3)
of section 3302.03 of the Revised Code for any school district
or building for the 2014-2015, 2015-2016, or 2016-2017 school
years, may, at the discretion of the department, not assign an
individual grade to any component prescribed under division (C)
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(3) of section 3302.03 of the Revised Code, and shall not rank
school districts, community schools established under Chapter
3314. of the Revised Code, or STEM schools established under
Chapter 3326. of the Revised Code under section 3302.21 of the
Revised Code for those school years. The report card ratings
issued for the 2014-2015, 2015-2016, or 2016-2017 school years
shall not be considered in determining whether a school district
or a school is subject to sanctions or penalties. However, the
report card ratings of any previous or subsequent years shall be
considered in determining whether a school district or building
is subject to sanctions or penalties. Accordingly, the report
card ratings for the 2014-2015, 2015-2016, or 2016-2017 school
years shall have no effect in determining sanctions or
penalties, but shall not create a new starting point for
determinations that are based on ratings over multiple years.
(B) The provisions from which a district or school is
exempt under division (A) of this section shall be the
following:
(1) Any restructuring provisions established under this
chapter, except as required under the "No Child Left Behind Act
of 2001";
(2) Provisions for the Columbus city school pilot project
under section 3302.042 of the Revised Code;
(3) Provisions for academic distress commissions under
former section 3302.10 of the Revised Code as it existed prior
to October 15, 2015. The provisions of this section do not apply
to academic distress commissions under the version of that
section as it exists on or after October 15, 2015.
(4) Provisions prescribing new buildings where students
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are eligible for the educational choice scholarships under
section 3310.03 of the Revised Code;
(5) Provisions defining "challenged school districts" in
which new start-up community schools were required to be
located, as prescribed in section 3314.02 of the Revised Code as
it existed prior to September 30, 2021;
(6) Provisions prescribing community school closure
requirements for poorly performing community schools under
section 3314.35 or former section 3314.351 of the Revised Code
as it existed prior to the effective date of this amendment .
(C) Notwithstanding anything in the Revised Code to the
contrary and except as provided in Section 3 of H.B. 7 of the
131st general assembly, no school district, community school, or
STEM school shall utilize at any time during a student's
academic career a student's score on any assessment administered
under division (A) of section 3301.0710 or division (B)(2) of
section 3301.0712 of the Revised Code in the 2014-2015, 2015-
2016, or 2016-2017 school years as a factor in any decision to
promote or to deny the student promotion to a higher grade level
or in any decision to grant course credit. No individual student
score reports on such assessments administered in the 2014-2015,
2015-2016, or 2016-2017 school years shall be released, except
to a student's school district or school or to the student or
the student's parent or guardian.
Sec. 3302.12. (A)(1) Except as provided in divisions (C)
and (D) of this section, this section applies to a school
building that is ranked according to performance index score
under section 3302.21 of the Revised Code in the lowest five per
cent of public school buildings statewide for three consecutive
years and that meets any combination of the following for three
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1530 S. B. No. 127 Page 54
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consecutive years:
(a) The school building has received a grade of "F" 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;
(b) The school building has received an overall grade of
"F" under section 3302.03 of the Revised Code;
(c) The school building has received a performance rating
of one star for progress under division (D)(3)(c) of section
3302.03 of the Revised Code;
(d) The school building has received an overall
performance rating of less than two stars under section 3302.03
of the Revised Codeis under the control of a school district
and, for the three most recent school years, meets all of the
following criteria:
(a) The school building offers a grade level higher than
three.
(b) The school building has been ranked by the department
of education and workforce according to performance index score
in the bottom five per cent of all rated school buildings in the
state.
(c) The school building has been ranked by the department
according to effect size under the value-added progress
dimension in the bottom ten per cent of all ranked school
buildings in the state .
(2) The department shall provide notice to any school
district in control of a school building to which this section
applies of that fact. In the case of a building to which this
section applies, the district board of education in control of
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1558 S. B. No. 127 Page 55
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that building shall do one of the following at the conclusion of
the school year in which the building first becomes subject to
this section:
(a) Close the school and direct the district
superintendent to reassign the students enrolled in the school
to other school buildings that demonstrate higher academic
achievement;
(b) Contract with another school district or a nonprofit
or for-profit entity with a demonstrated record of effectiveness
one of the following entities to operate the school ;:
(i) An education management organization or charter
management organization that is approved by the department and
meets at least one of the following conditions:
(I) The organization has experience in improving school
performance;
(II) The schools managed by the organization have received
an average of at least three stars in the achievement and
progress components under division (D)(3) of section 3302.03 of
the Revised Code on the most recent report card issued by the
department.
(ii) A school district that meets both of the following:
(I) The district has received an overall performance
rating of at least four stars on its most recent report card
issued under section 3302.03 of the Revised Code and has
experience improving school performance, as determined by the
department;
(II) The district does not operate any school building
that is subject to this section.
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(iii) An educational service center that has experience in
school improvement and meets criteria established by the
department;
(iv) A private college as defined in section 3365.01 of
the Revised Code that has experience in school improvement and
meets criteria established by the department;
(v) A state institution of higher education as defined in
section 3345.011 of the Revised Code that has experience in
school improvement and meets criteria established by the
department.
(c) Replace the principal and all teaching at least a
majority of licensed staff of the school and, upon request from
the new principal, exempt the school from all requested policies
and regulations of the board regarding curriculum and
instruction. The board also shall distribute funding to the
school in an amount that is at least equal to the product of the
per pupil amount of state and local revenues received by the
district multiplied by the student population of the school.
Notwithstanding any provision to the contrary in Chapter 4117.
of the Revised Code, this provision prevails over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after the effective date of
this amendment.
(d) Reopen the school as a conversion community school
under Chapter 3314. of the Revised Code Consolidate the school
district that controls the school building into another school
district. Notwithstanding anything to the contrary in the
Revised Code, the state board of education shall approve any
transfer of territory made under this division.
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1615 S. B. No. 127 Page 57
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(e) Work with a department-approved external service
provider with expertise in school improvement.
(3) If a school district board of education that controls
a school building subject to this section implements any
alternative to closure under division (A)(2) of this section or
any combination of alternatives to closure under that division
and the school building continues to meet the criteria described
in division (A)(1) of this section for the next three
consecutive school years, beginning with the school year in
which an alternative to closure is first implemented, the
district board of education with control of that building shall
close the school pursuant to division (A)(2)(a) of this section.
(B) If an action taken by the board under division (A)(2)
of this section causes the district to no longer maintain all
grades kindergarten through twelve, as required by section
3311.29 of the Revised Code, the board shall enter into a
contract with another school district pursuant to section
3327.04 of the Revised Code for enrollment of students in the
schools of that other district to the extent necessary to comply
with the requirement of section 3311.29 of the Revised Code.
Notwithstanding any provision of the Revised Code to the
contrary, if the board enters into and maintains a contract
under section 3327.04 of the Revised Code, the district shall
not be considered to have failed to comply with the requirement
of section 3311.29 of the Revised Code. If, however, the
district board fails to or is unable to enter into or maintain
such a contract, the state board of education shall take all
necessary actions to dissolve the district as provided in
division (A) of section 3311.29 of the Revised Code.
(C) If a particular school is required to restructure
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under this section and a petition with respect to that same
school has been filed and verified under divisions (B) and (C)
of section 3302.042 of the Revised Code, the provisions of that
section and the petition filed and verified under it shall
prevail over the provisions of this section and the school shall
be restructured under that section. However, if division (D)(1),
(2), or (3) of section 3302.042 of the Revised Code also applies
to the school, the school shall be subject to restructuring
under this section and not section 3302.042 of the Revised Code.
If the provisions of this section conflict in any way with
the requirements of federal law, federal law shall prevail over
the provisions of this section.
(D) If a school is restructured under this section,
section 3302.042 or 3302.10 of the Revised Code, or federal law,
the school shall not be required to restructure again under
state law for three consecutive years after the implementation
of that prior restructuring.
(E) The department may adopt rules as necessary to
implement this section.
(F) The department shall not consider report cards issued
prior to the 2024-2025 school year in determining whether a
school building is subject to this section.
Sec. 3313.413. (A) As used in this section, "high-
performing community school" means either of the following:
(1) A community school established under Chapter 3314. of
the Revised Code that meets the following conditions:
(a) Except as provided in division (A)(1)(b) or (c) of
this section, the school both:
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1673 S. B. No. 127 Page 59
As Introduced
(i) Has received either a grade of "A," "B," or "C" for
the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code or a performance rating of three
stars or higher for achievement under division (D)(3)(b) of that
section; or has increased its performance index score under
division (C)(1)(b) or (D)(1)(d) of section 3302.03 of the
Revised Code in each of the previous three years of operation;
and
(ii) Has received either a grade of "A" or "B" for the
value-added progress dimension under division (C)(1)(e) of
section 3302.03 of the Revised Code or a performance rating of
four stars or higher for progress under division (D)(3)(c) of
that section on its most recent report card rating issued under
that section.
(b) If the school serves only grades kindergarten through
three, the school received either a grade of "A" or "B" for
making progress in improving literacy in grades kindergarten
through three under division (C)(1)(g) of section 3302.03 of the
Revised Code or a performance rating of four stars or higher for
early literacy under division (D)(3)(e) of that section on its
most recent report card issued under that section.
(c) If the school primarily serves students enrolled in a
dropout prevention and recovery program as described in division
(B)(1) of section 3314.35 of the Revised Code , the school
received a rating of "exceeds standards" on its most recent
report card issued under section 3314.017 of the Revised Code.
(2) A newly established community school that is
implementing a community school model that has a track record of
high-quality academic performance, as determined by the
department of education and workforce.
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1703 S. B. No. 127 Page 60
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(B) When a school district board of education decides to
dispose of real property it owns in its corporate capacity under
section 3313.41 of the Revised Code, the board shall first offer
that property to the governing authorities of all start-up
community schools, the boards of trustees of any college-
preparatory boarding schools, and the governing bodies of any
STEM schools that are located within the territory of the
district. Not later than sixty days after the district board
makes the offer, interested governing authorities, boards of
trustees, and governing bodies shall notify the district
treasurer in writing of the intention to purchase the property.
The district board shall give priority to the governing
authorities of high-performing community schools that are
located within the territory of the district.
(1) If more than one governing authority of a high-
performing community school notifies the district treasurer of
its intention to purchase the property pursuant to division (B)
of this section, the board shall conduct a public auction in the
manner required for auctions of district property under division
(A) of section 3313.41 of the Revised Code. Only the governing
authorities of high-performing community schools that notified
the district treasurer pursuant to division (B) of this section
are eligible to bid at the auction.
(2) If no governing authority of a high-performing
community school notifies the district treasurer of its
intention to purchase the property pursuant to division (B) of
this section, the board shall then proceed with the offers from
all other start-up community schools, college-preparatory
boarding schools, and STEM schools made pursuant to that
division. If more than one such entity notifies the district
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1733 S. B. No. 127 Page 61
As Introduced
treasurer of its intention to purchase the property pursuant to
division (B) of this section, the board shall conduct a public
auction in the manner required for auctions of district property
under division (A) of section 3313.41 of the Revised Code. Only
the entities that notified the district treasurer pursuant to
division (B) of this section are eligible to bid at the auction.
(3) If no governing authority, board of trustees, or
governing body notifies the district treasurer of its intention
to purchase the property pursuant to division (B) of this
section, the district may then offer the property for sale in
the manner prescribed under divisions (A) to (F) of section
3313.41 of the Revised Code.
(C) Notwithstanding anything to the contrary in sections
3313.41 and 3313.411 of the Revised Code, the purchase price of
any real property sold to any of the entities in accordance with
division (B) of this section shall not be more than the
appraised fair market value of that property as determined in an
appraisal of the property that is not more than one year old.
(D) Not later than the first day of October of each year,
the department of education and workforce shall post in a
prominent location on its web site a list of schools that
qualify as high-performing community schools for purposes of
this section and section 3313.411 of the Revised Code.
Sec. 3314.012. (A) Except as provided in section 3314.017
of the Revised Code, the department of education and workforce
shall issue an annual report card for each community school,
regardless of how long the school has been in operation. The
report card shall report the academic and financial performance
of the school . The report card shall include all information
applicable to school buildings under section 3302.03 of the
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1763 S. B. No. 127 Page 62
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Revised Code. The ratings a community school receives under
section 3302.03 of the Revised Code for its first two full
school years shall not be considered toward automatic closure of
the school under actions required for poorly performing
community schools under section 3314.35 of the Revised Code or
any other matter that is based on report card ratings.
(B) Upon receipt of a copy of a contract between a sponsor
and a community school entered into under this chapter, the
department shall notify the community school of the specific
model report card that will be used for that school.
(C) Report cards shall be distributed to the parents of
all students in the community school, to the members of the
board of education of the school district in which the community
school is located, and to any person who requests one from the
department.
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The
office of Ohio school sponsorship established under section
3314.029 of the Revised Code shall be rated under division (B)
of this section, but divisions (A) and (C) of this section do
not apply to the office.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets all of the following criteria:
(1) The entity is in compliance with all provisions of
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1792 S. B. No. 127 Page 63
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this chapter requiring sponsors of community schools to report
data or information to the department of education and
workforce.
(2) The entity is not rated as "ineffective" under
division (B)(6) of this section.
(3) Except as set forth in sections 3314.021 and 3314.027
of the Revised Code, the entity has received approval from and
entered into an agreement with the department pursuant to
section 3314.015 of the Revised Code.
(B)(1) The department shall develop and implement an
evaluation system that annually rates and assigns an overall
rating to each entity that sponsors a community school. The
department, not later than the first day of February of each
year, shall post on the department's web site the framework for
the evaluation system, including technical documentation that
the department intends to use to rate sponsors for the next
school year. The department shall solicit public comment on the
evaluation system for thirty consecutive days. Not later than
the first day of April of each year, the department shall
compile and post on the department's web site all public
comments that were received during the public comment period.
The evaluation system shall be posted on the department's web
site by the fifteenth day of July of each school year. Any
changes to the evaluation system after that date shall take
effect the following year. The evaluation system shall be based
on the following components:
(a) Academic performance of students enrolled in community
schools sponsored by the same entity. The academic performance
component shall be derived from the performance measures
prescribed for the state report cards under section 3302.03 or
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1822 S. B. No. 127 Page 64
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3314.017 of the Revised Code, and shall be based on the
performance of the schools for the school year for which the
evaluation is conducted. In addition to the academic performance
for a specific school year, the academic performance component
shall also include year-to-year changes in the overall sponsor
portfolio. For a community school for which no graded
performance measures are applicable or available, the department
shall use nonreport card performance measures specified in the
contract between the community school and the sponsor under
division (A)(4) of section 3314.03 of the Revised Code.
(b) Adherence by a sponsor to the quality practices
prescribed by the department under division (B)(3) of this
section. For a sponsor that was rated "effective" or "exemplary"
on its most recent rating, the department may evaluate that
sponsor's adherence to quality practices once over a period of
three years. If the department elects to evaluate a sponsor once
over a period of three years, the most recent rating for a
sponsor's adherence to quality practices shall be used when
determining an annual overall rating conducted under this
section.
(c) Compliance with all applicable laws and administrative
rules by an entity that sponsors a community school.
Under the evaluation system prescribed under division (B)
(1) of this section, the department shall not assign an overall
rating of "ineffective" or lower to an entity that sponsors a
community school solely because that entity received no points
on one of the components prescribed under that division.
(2) In calculating an academic performance component, the
department shall exclude all community schools that have been in
operation for not more than two full school years and all
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1852 S. B. No. 127 Page 65
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community schools described in division (B)(2) of section
3314.35 of the Revised Code in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323.
of the Revised Code. However, the academic performance of the
community schools described in division (B)(2) of section
3314.35 of the Revised Code in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323.
of the Revised Code shall be reported, but shall not be used as
a factor when determining a sponsoring entity's rating under
this section.
(3) The department, in consultation with entities that
sponsor community schools, shall prescribe quality practices for
community school sponsors and develop an instrument to measure
adherence to those quality practices. The quality practices
shall be based on standards developed by the national
association of charter school authorizers or any other
nationally organized community school organization.
(4)(a) The department may permit peer review of a
sponsor's adherence to the quality practices prescribed under
division (B)(3) of this section. Peer reviewers shall be limited
to individuals employed by sponsors rated "effective" or
"exemplary" on the most recent ratings conducted under this
section.
(b) The department shall require individuals participating
in peer review under division (B)(4)(a) of this section to
complete training approved or established by the department.
(c) The department may enter into an agreement with
another entity to provide training to individuals conducting
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peer review of sponsors. Prior to entering into an agreement
with an entity, the department shall review and approve of the
entity's training program.
(5) The director of education and workforce shall adopt
rules in accordance with Chapter 119. of the Revised Code
prescribing standards for measuring compliance with applicable
laws and rules under division (B)(1)(c) of this section.
(6) The department annually shall rate all entities that
sponsor community schools as either "exemplary," "effective,"
"ineffective," or "poor," based on the components prescribed by
division (B) of this section, where each component is weighted
equally. A separate rating shall be given by the department for
each component of the evaluation system.
The department shall publish the ratings between the first
day of October and the fifteenth day of November.
Prior to the publication of the final ratings, the
department shall designate and provide notice of a period of at
least ten business days during which each sponsor may review the
information used by the department to determine the sponsor's
rating on the components prescribed by division (B)(1) of this
section. If the sponsor believes there is an error in the
department's evaluation, the sponsor may request adjustments to
the rating of any of those components based on documentation
previously submitted as part of an evaluation. The sponsor shall
provide to the department any necessary evidence or information
to support the requested adjustments. The department shall
review the evidence and information, determine whether an
adjustment is valid, and promptly notify the sponsor of its
determination and reasons. If any adjustments to the data could
result in a change to the rating on the applicable component or
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to the overall rating, the department shall recalculate the
ratings prior to publication.
The department shall provide training on an annual basis
regarding the evaluation system prescribed under this section.
The training shall, at a minimum, describe methodology,
timelines, and data required for the evaluation system. The
first training session shall occur not later than March 2, 2016.
Beginning in 2018, the training shall be made available to each
entity that sponsors a community school by the fifteenth day of
July of each year and shall include guidance on any changes made
to the evaluation system.
(7)(a) Entities with an overall rating of "exemplary" for
the two most recent years in which the entity was evaluated may
take advantage of the following incentives:
(i) Renewal of the written agreement with the department,
not to exceed ten years, provided that the entity consents to
continued evaluation of adherence to quality practices as
described in division (B)(1)(b) of this section;
(ii) The ability to extend the term of the contract
between the sponsoring entity and the community school beyond
the term described in the written agreement with the department;
(iii) An exemption from the preliminary agreement and
contract adoption and execution deadline requirements prescribed
in division (D) of section 3314.02 of the Revised Code;
(iv) An exemption from the automatic contract expiration
requirement, should a new community school fail to open by the
thirtieth day of September of the calendar year in which the
community school contract is executed;
(v) No limit on the number of community schools the entity
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1941 S. B. No. 127 Page 68
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may sponsor;
(vi) No territorial restrictions on sponsorship.
An entity may continue to sponsor any community schools
with which it entered into agreements under division (B)(7)(a)
(v) or (vi) of this section while rated "exemplary,"
notwithstanding the fact that the entity later receives a lower
overall rating.
(b) Entities with an overall rating of "exemplary" or
"effective" for the three most recent years in which the entity
was evaluated shall be evaluated by the department once every
three years.
(c)(i) Entities that receive an overall rating of
"ineffective" shall be prohibited from sponsoring any new or
additional community schools during the time in which the
sponsor is rated as "ineffective" and shall be subject to a
quality improvement plan based on correcting the deficiencies
that led to the "ineffective" rating, with timelines and
benchmarks that have been established by the department.
(ii) Entities that receive an overall rating of
"ineffective" on their three most recent ratings shall have all
sponsorship authority revoked. Within thirty days after
receiving its third rating of "ineffective," the entity may
appeal the revocation of its sponsorship authority to the
director, who shall appoint an independent hearing officer to
conduct a hearing in accordance with Chapter 119. of the Revised
Code. The hearing shall be conducted within thirty days after
receipt of the notice of appeal. Within forty-five days after
the hearing is completed, the director shall determine whether
the revocation is appropriate based on the hearing conducted by
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1970 S. B. No. 127 Page 69
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the independent hearing officer, and if determined appropriate,
the revocation shall be confirmed.
(d) Entities that receive an overall rating of "poor"
shall have all sponsorship authority revoked. Within thirty days
after receiving a rating of "poor," the entity may appeal the
revocation of its sponsorship authority to the director, who
shall appoint an independent hearing officer to conduct a
hearing in accordance with Chapter 119. of the Revised Code. The
hearing shall be conducted within thirty days after receipt of
the notice of appeal. Within forty-five days after the hearing
is completed, the director shall determine whether the
revocation is appropriate based on the hearing conducted by the
independent hearing officer, and if determined appropriate, the
revocation shall be confirmed.
(8) For the 2014-2015 school year and each school year
thereafter, student academic performance prescribed under
division (B)(1)(a) of this section shall include student
academic performance data from community schools that primarily
serve students enrolled in a dropout prevention and recovery
program.
(C) If the governing authority of a community school
enters into a contract with a sponsor prior to the date on which
the sponsor is prohibited from sponsoring additional schools
under division (A) of this section and the school has not opened
for operation as of that date, that contract shall be void and
the school shall not open until the governing authority secures
a new sponsor by entering into a contract with the new sponsor
under section 3314.03 of the Revised Code. However, the
department's office of Ohio school sponsorship, established
under section 3314.029 of the Revised Code, may assume the
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2000 S. B. No. 127 Page 70
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sponsorship of the school until the earlier of the expiration of
two school years or until a new sponsor is secured by the
school's governing authority. A community school sponsored by
the department under this division shall not be included when
calculating the maximum number of directly authorized community
schools permitted under division (A)(3) of section 3314.029 of
the Revised Code.
(D) When an entity's authority to sponsor schools is
revoked pursuant to division (B)(7)(c) or (d) of this section,
the office of Ohio school sponsorship shall assume sponsorship
of any schools with which the original sponsor has contracted
for the remainder of that school year. The office may continue
sponsoring those schools until the earlier of:
(1) The expiration of two school years from the time that
sponsorship is revoked;
(2) When a new sponsor is secured by the governing
authority pursuant to division (C)(1) of section 3314.02 of the
Revised Code.
Any community school sponsored under this division shall
not be counted for purposes of directly authorized community
schools under division (A)(3) of section 3314.029 of the Revised
Code.
(E) The department shall recalculate the rating for the
2017-2018 school year for each sponsor of a community school
that receives recalculated ratings pursuant to division (I) of
section 3314.017 of the Revised Code.
Sec. 3314.017. (A) The department of education and
workforce shall prescribe by rules, adopted in accordance with
Chapter 119. of the Revised Code, an academic performance rating
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2029 S. B. No. 127 Page 71
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and report card system that satisfies the requirements of this
section for community schools that primarily serve students
enrolled in dropout prevention and recovery programs as
described in division (B)(1) of section 3314.35 of the Revised
Code, to be used in lieu of the system prescribed under sections
3302.03 and 3314.012 of the Revised Code beginning with the
2012-2013 school year. Each such school shall comply with the
testing and reporting requirements of the system as prescribed
by the department.
(B) Nothing in this section shall at any time relieve a
school from its obligations under the "No Child Left Behind Act
of 2001" to make "adequate yearly progress," as both that act
and that term are defined in section 3302.01 of the Revised
Code, or a school's amenability to the provisions of section
3302.04 or 3302.041 of the Revised Code. The department shall
continue to report each school's performance as required by the
act and to enforce applicable sanctions under section 3302.04 or
3302.041 of the Revised Code.
(C) The rules adopted by the department shall prescribe
the following performance indicators for the rating and report
card system required by this section:
(1) Graduation rate for each of the following student
cohorts:
(a) The number of students who graduate in four years or
less with a regular high school diploma divided by the number of
students who form the adjusted cohort for the graduating class;
(b) The number of students who graduate in five years with
a regular high school diploma divided by the number of students
who form the adjusted cohort for the four-year graduation rate;
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2058 S. B. No. 127 Page 72
As Introduced
(c) The number of students who graduate in six years with
a regular high school diploma divided by the number of students
who form the adjusted cohort for the four-year graduation rate;
(d) The number of students who graduate in seven years
with a regular high school diploma divided by the number of
students who form the adjusted cohort for the four-year
graduation rate;
(e) The number of students who graduate in eight years
with a regular high school diploma divided by the number of
students who form the adjusted cohort for the four-year
graduation rate.
(2) The percentage of twelfth-grade students currently
enrolled in the school who have attained the designated passing
score on all of the state high school achievement assessments
required under division (B)(1) of section 3301.0710 of the
Revised Code or the cumulative performance score on the end-of-
course examinations prescribed under division (B)(2) of section
3301.0712 of the Revised Code, whichever applies, and other
students enrolled in the school, regardless of grade level, who
are within three months of their twenty-second birthday and have
attained the designated passing score on all of the state high
school achievement assessments or the cumulative performance
score on the end-of-course examinations, whichever applies, by
their twenty-second birthday;
(3) Annual measurable objectives as defined in section
3302.01 of the Revised Code;
(4) Growth in student achievement in reading, or
mathematics, or both as measured by separate nationally norm-
referenced assessments that have developed appropriate standards
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2087 S. B. No. 127 Page 73
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for students enrolled in dropout prevention and recovery
programs, adopted or approved by the department.
(D)(1) The department's rules shall prescribe the expected
performance levels and benchmarks for each of the indicators
prescribed by division (C) of this section based on the data
gathered by the department under division (G) of this section
and simulations created by the department. Based on a school's
level of attainment or nonattainment of the expected performance
levels and benchmarks for each of the indicators, the department
shall rate each school in one of the following categories:
(a) Exceeds standards;
(b) Meets standards;
(c) Does not meet standards.
(2) The department's rules shall establish all of the
following:
(a) Performance levels and benchmarks for the indicators
described in divisions (C)(1) to (3) of this section;
(b) Both of the following:
(i) Performance levels and benchmarks for the indicator
described in division (C)(4) of this section;
(ii) Standards for awarding a community school described
in division (B)(1) of section 3314.35 of the Revised Code that
primarily serves students enrolled in a dropout prevention and
recovery program an overall designation, which shall be
calculated as follows:
(I) Thirty per cent of the score shall be based on the
indicators described in division (C)(1) of this section that are
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2114 S. B. No. 127 Page 74
As Introduced
applicable to the school year for which the overall designation
is granted.
(II) Thirty per cent of the score shall be based on the
indicators described in division (C)(4) of this section.
(III) Twenty per cent of the score shall be based on the
indicators described in division (C)(2) of this section.
(IV) Twenty per cent of the score shall be based on the
indicators described in division (C)(3) of this section.
(3) If both of the indicators described in divisions (C)
(1) and (2) of this section improve by ten per cent for two
consecutive years, a school shall be rated not less than "meets
standards."
The rating and the relevant performance data for each
school shall be posted on the department's web site, and a copy
of the rating and data shall be provided to the governing
authority of the community school.
(E)(1) For the 2012-2013 school year, the department shall
issue a report card including the following performance
measures, but without a performance rating as described in
divisions (D)(1)(a) to (c) of this section, for each community
school described in division (B)(1) of section 3314.35 of the
Revised Code:
(a) The graduation rates as described in divisions (C)(1)
(a) to (c) of this section;
(b) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2)
of this section;
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2142 S. B. No. 127 Page 75
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(c) The statewide average for the graduation rates and
assessment passage rates described in divisions (C)(1)(a) to (c)
and (C)(2) of this section;
(d) Annual measurable objectives described in division (C)
(3) of this section.
(2) For the 2013-2014 school year, the department shall
issue a report card including the following performance measures
for each community school described in division (B)(1) of
section 3314.35 of the Revised Code:
(a) The graduation rates described in divisions (C)(1)(a)
to (d) of this section, including a performance rating as
described in divisions (D)(1)(a) to (c) of this section;
(b) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2)
of this section, including a performance rating as described in
divisions (D)(1)(a) to (c) of this section;
(c) Annual measurable objectives described in division (C)
(3) of this section, including a performance rating as described
in divisions (D)(1)(a) to (c) of this section;
(d) Both of the following without an assigned rating:
(i) Growth in annual student achievement in reading and
mathematics described in division (C)(4) of this section, if
available;
(ii) Student outcome data, including postsecondary credit
earned, nationally recognized career or technical certification,
military enlistment, job placement, and attendance rate.
(3)(E) Beginning with the 2014-2015 school year, and
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As Introduced
annually thereafter, the department shall issue a report card
for each community school described in division (B)(1) of
section 3314.35 of the Revised Code that primarily serves
students enrolled in a dropout prevention and recovery program
that includes all of the following performance measures,
including a performance rating for each measure as described in
divisions (D)(1)(a) to (c) of this section:
(a)(1) The graduation rates as described in division (C)
(1) of this section;
(b)(2) The percentage of twelfth-grade students and other
students who have attained a designated passing score on high
school achievement assessments as described in division (C)(2)
of this section;
(c)(3) Annual measurable objectives described in division
(C)(3) of this section, including a performance rating as
described in divisions (D)(1)(a) to (c) of this section;
(d)(4) Growth in annual student achievement in reading and
mathematics as described in division (C)(4) of this section;
(e)(5) An overall performance designation for the school
calculated under rules adopted under division (D)(2) of this
section.
The department shall also include student outcome data,
including postsecondary credit earned, nationally recognized
career or technical certification, military enlistment, job
placement, attendance rate, and progress on closing achievement
gaps for each school. This information shall not be included in
the calculation of a school's performance rating.
(F) Not later than the thirty-first day of July of each
year, the department shall submit preliminary report card data
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2199 S. B. No. 127 Page 77
As Introduced
for overall academic performance for each performance measure
prescribed in division (E)(3)(E) of this section for each
community school to which this section applies.
(G) For the purposes of prescribing performance levels and
benchmarks under division (D) of this section, the department
shall gather and analyze data from prior school years for each
community school described in division (B)(1) of section 3314.35
of the Revised Codethat primarily serves students enrolled in a
dropout prevention and recovery program . Each such school shall
cooperate with the department. The department shall consult with
stakeholder groups in performing its duties under this division.
(H) The department shall review the performance levels and
benchmarks for performance indicators in the report card issued
under this section and may revise them based on the data
collected under division (G) of this section.
(I) For the purposes of division (F) of section 3314.351
of the Revised Code, the department shall recalculate the
ratings for each school under division (E)(3) of this section
for the 2017-2018 school year and calculate the ratings under
that division for the 2018-2019 school year using the indicators
prescribed by division (C) of this section, as it exists on and
after July 18, 2019.
Sec. 3314.0211. (A) No community school to which either of
the following applies shall be eligible to merge with one or
more other community schools under this section:
(1) The school has met the performance criteria for
required closure specified in division (A) of section 3314.35 or
division (A) of section 3314.351 of the Revised Code for at
least one of the two most recent school years.
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2228 S. B. No. 127 Page 78
As Introduced
(2) The school has been notified of the sponsor's intent
to terminate or not renew the school's contract pursuant to
section 3314.07 of the Revised Code.
(B) Two or more community schools may merge upon the
adoption of a resolution by the governing authority of each
school involved in the merger. Any merger shall take effect on
the first day of July of the year specified in the resolution.
(C) Not less than sixty days prior to the effective date
of a merger under division (B) of this section, each community
school involved in the merger shall do both of the following:
(1) Provide a copy of the resolution to the school's
sponsor;
(2) Notify the department of education and workforce of
all of the following:
(a) The impending merger;
(b) The effective date of the merger;
(c) The school that will be designated as the surviving
school in accordance with section 1702.41 of the Revised Code;
(d) The entity that will sponsor the surviving school.
(D) Notwithstanding anything to the contrary in the
Revised Code, the governing authority of the surviving community
school shall enter into a new contract with the school's sponsor
under section 3314.03 of the Revised Code.
(E) No sponsor shall do either of the following:
(1) Assign the sponsor's existing contract with a merging
community school to the sponsor of the surviving community
school;
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(2) Assume an existing contract from the sponsor of a
community school involved in a merger under division (B) of this
section.
Division (E) of this section shall not apply to the office
of Ohio school sponsorship established under section 3314.029 of
the Revised Code.
(F)(1) The department shall issue a report card under
section 3302.03 or 3314.017 of the Revised Code for the
surviving community school.
(2) Notwithstanding anything to the contrary in division
(A) of section 3314.012 of the Revised Code, all report card
ratings associated with the surviving school, whether issued
before or after the merger, shall be used for purposes of
section 3314.35 or 3314.351 of the Revised Code and any other
matter that is based on report card ratings or measures.
(G) Nothing in this section shall exempt a community
school from closure under section 3314.35 or 3314.351 of the
Revised Code.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the director of education and
workforce. The department of education and workforce shall make
available on its web site a copy of every approved, executed
contract filed with the director under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
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As Introduced
(a) A nonprofit corporation established under Chapter
1702. of the Revised Code, if established prior to April 8,
2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement
assessments;
(4) Performance standards, including but not limited to
all applicable report card measures set forth in section 3302.03
or 3314.017 of the Revised Code, by which the success of the
school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised
Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in seventy-two
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
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As Introduced
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the
school to be maintained in the same manner as are financial
records of school districts, pursuant to rules of the auditor of
state. Audits shall be conducted in accordance with section
117.10 of the Revised Code.
(9) An addendum to the contract outlining the facilities
to be used that contains at least the following information:
(a) A detailed description of each facility used for
instructional purposes;
(b) The annual costs associated with leasing each facility
that are paid by or on behalf of the school;
(c) The annual mortgage principal and interest payments
that are paid by the school;
(d) The name of the lender or landlord, identified as
such, and the lender's or landlord's relationship to the
operator, if any.
(10) Qualifications of employees, including both of the
following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours or forty
hours per week pursuant to section 3319.301 of the Revised Code;
(b) A prohibition against the school employing an
individual described in section 3314.104 of the Revised Code in
any position.
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As Introduced
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of
the school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91,
109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710,
3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037,
3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020,
3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753,
3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819,
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078,
3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39,
3319.391, 3319.393, 3319.41, 3319.46, 3319.614, 3320.01,
3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14,
3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251,
3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,
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2369 S. B. No. 127 Page 83
As Introduced
and 4167. of the Revised Code as if it were a school district
and will comply with section 3301.0714 of the Revised Code in
the manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61,
3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the
Revised Code, except that for students who enter ninth grade for
the first time before July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum in any high school prior to
receiving a high school diploma may be met by completing the
curriculum adopted by the governing authority of the community
school rather than the curriculum specified in Title XXXIII of
the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after
July 1, 2010, the requirement in sections 3313.61 and 3313.611
of the Revised Code that a person must successfully complete the
curriculum of a high school prior to receiving a high school
diploma shall be met by completing the requirements prescribed
in section 3313.6027 and division (C) of section 3313.603 of the
Revised Code, unless the person qualifies under division (D) or
(F) of that section. Each school shall comply with the plan for
awarding high school credit based on demonstration of subject
area competency, and beginning with the 2017-2018 school year,
with the updated plan that permits students enrolled in seventh
and eighth grade to meet curriculum requirements based on
subject area competency adopted by the department under
divisions (J)(1) and (2) of section 3313.603 of the Revised
Code. Beginning with the 2018-2019 school year, the school shall
comply with the framework for granting units of high school
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2400 S. B. No. 127 Page 84
As Introduced
credit to students who demonstrate subject area competency
through work-based learning experiences, internships, or
cooperative education developed by the department under division
(J)(3) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial
status to the sponsor and the parents of all students enrolled
in the school.
(h) The school, unless it is an internet- or computer-
based community school, will comply with section 3313.801 of the
Revised Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115,
the school will pay teachers based upon performance in
accordance with section 3317.141 and will comply with section
3319.111 of the Revised Code as if it were a school district.
(j) If the school operates a preschool program that is
licensed by the department under sections 3301.52 to 3301.59 of
the Revised Code, the school shall comply with sections 3301.50
to 3301.59 of the Revised Code and the minimum standards for
preschool programs prescribed in rules adopted by the department
of children and youth under section 3301.53 of the Revised Code.
(k) The school will comply with sections 3313.6021 and
3313.6023 of the Revised Code as if it were a school district
unless it is either of the following:
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2429 S. B. No. 127 Page 85
As Introduced
(i) An internet- or computer-based community school;
(ii) A community school in which a majority of the
enrolled students are children with disabilities as described in
division (B)(2) of section 3314.35 of the Revised Code receiving
special education and related services in accordance with
Chapter 3323. of the Revised Code .
(l) The school will comply with section 3321.191 of the
Revised Code, unless it is an internet- or computer-based
community school that is subject to section 3314.261 of the
Revised Code.
(12) Arrangements for providing health and other benefits
to employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five
years unless such contract has been renewed pursuant to division
(E) of this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition
of employees of the school in the event the contract is
terminated or not renewed pursuant to section 3314.07 of the
Revised Code;
(17) Whether the school is to be created by converting all
or part of an existing public school or educational service
center building or is to be a new start-up school, and if it is
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2457 S. B. No. 127 Page 86
As Introduced
a converted public school or service center building,
specification of any duties or responsibilities of an employer
that the board of education or service center governing board
that operated the school or building before conversion is
delegating to the governing authority of the community school
with respect to all or any specified group of employees provided
the delegation is not prohibited by a collective bargaining
agreement applicable to such employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to
adopt a policy regarding the admission of students who reside
outside the district in which the school is located. That policy
shall comply with the admissions procedures specified in
sections 3314.06 and 3314.061 of the Revised Code and, at the
sole discretion of the authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in
districts adjacent to the district in which the school is
located;
(c) Permit the enrollment of students who reside in any
other district in the state.
(20) A provision recognizing the authority of the
department to take over the sponsorship of the school in
accordance with the provisions of division (C) of section
3314.015 of the Revised Code;
(21) A provision recognizing the sponsor's authority to
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2486 S. B. No. 127 Page 87
As Introduced
assume the operation of a school under the conditions specified
in division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department as the community
school oversight body to suspend the operation of the school
under section 3314.072 of the Revised Code if the department has
evidence of conditions or violations of law at the school that
pose an imminent danger to the health and safety of the school's
students and employees and the sponsor refuses to take such
action.
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and non-
classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the
Revised Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall
be taken by the sponsor of the school.
(25) Beginning in the 2006-2007 school year, the school
will open for operation not later than the thirtieth day of
September each school year, unless the mission of the school as
specified under division (A)(2) of this section is solely to
serve dropouts. In its initial year of operation, if the school
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2515 S. B. No. 127 Page 88
As Introduced
fails to open by the thirtieth day of September, or within one
year after the adoption of the contract pursuant to division (D)
of section 3314.02 of the Revised Code if the mission of the
school is solely to serve dropouts, the contract shall be void.
(26) Whether the school's governing authority is planning
to seek designation for the school as a STEM school equivalent
under section 3326.032 of the Revised Code;
(27) That the school's attendance and participation
policies will be available for public inspection;
(28) That the school's attendance and participation
records shall be made available to the department, auditor of
state, and school's sponsor to the extent permitted under and in
accordance with the "Family Educational Rights and Privacy Act
of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any
regulations promulgated under that act, and section 3319.321 of
the Revised Code;
(29) If a school operates using the blended learning
model, as defined in section 3301.079 of the Revised Code, all
of the following information:
(a) An indication of what blended learning model or models
will be used;
(b) A description of how student instructional needs will
be determined and documented;
(c) The method to be used for determining competency,
granting credit, and promoting students to a higher grade level;
(d) The school's attendance requirements, including how
the school will document participation in learning
opportunities;
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2543 S. B. No. 127 Page 89
As Introduced
(e) A statement describing how student progress will be
monitored;
(f) A statement describing how private student data will
be protected;
(g) A description of the professional development
activities that will be offered to teachers.
(30) A provision requiring that all moneys the school's
operator loans to the school, including facilities loans or cash
flow assistance, must be accounted for, documented, and bear
interest at a fair market rate;
(31) A provision requiring that, if the governing
authority contracts with an attorney, accountant, or entity
specializing in audits, the attorney, accountant, or entity
shall be independent from the operator with which the school has
contracted.
(32) A provision requiring the governing authority to
adopt an enrollment and attendance policy that requires a
student's parent to notify the community school in which the
student is enrolled when there is a change in the location of
the parent's or student's primary residence.
(33) A provision requiring the governing authority to
adopt a student residence and address verification policy for
students enrolling in or attending the school.
(B) The community school shall also submit to the sponsor
a comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
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2571 S. B. No. 127 Page 90
As Introduced
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not
to attend the converted school and for teachers who choose not
to teach in the school or building after conversion;
(4) The instructional program and educational philosophy
of the school;
(5) Internal financial controls.
When submitting the plan under this division, the school
shall also submit copies of all policies and procedures
regarding internal financial controls adopted by the governing
authority of the school.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total
amount of such payments for monitoring, oversight, and technical
assistance of the school shall not exceed three per cent of the
total amount of payments for operating expenses that the school
receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department under division (B) of section 3314.015
of the Revised Code and shall include the following:
(1) Monitor the community school's compliance with all
laws applicable to the school and with the terms of the
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2600 S. B. No. 127 Page 91
As Introduced
contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(4) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare
the school to be on probationary status pursuant to section
3314.073 of the Revised Code, suspend the operation of the
school pursuant to section 3314.072 of the Revised Code, or
terminate the contract of the school pursuant to section 3314.07
of the Revised Code as determined necessary by the sponsor;
(5) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under
this section, the sponsor of a community school may, with the
approval of the governing authority of the school, renew that
contract for a period of time determined by the sponsor, but not
ending earlier than the end of any school year, if the sponsor
finds that the school's compliance with applicable laws and
terms of the contract and the school's progress in meeting the
academic goals prescribed in the contract have been
satisfactory. Any contract that is renewed under this division
remains subject to the provisions of sections 3314.07, 3314.072,
and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation
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2629 S. B. No. 127 Page 92
As Introduced
within one year after the contract entered into under this
section is adopted pursuant to division (D) of section 3314.02
of the Revised Code or permanently closes prior to the
expiration of the contract, the contract shall be void and the
school shall not enter into a contract with any other sponsor. A
school shall not be considered permanently closed because the
operations of the school have been suspended pursuant to section
3314.072 of the Revised Code.
Sec. 3314.05. (A) The contract between the community
school and the sponsor shall specify the facilities to be used
for the community school and the method of acquisition. Except
as provided in divisions (B)(3) and (4) of this section, no
community school shall be established in more than one school
district under the same contract.
(B) Division (B) of this section shall not apply to
internet- or computer-based community schools.
(1) A community school may be located in multiple
facilities under the same contract only if the limitations on
availability of space prohibit serving all the grade levels
specified in the contract in a single facility or division (B)
(2), (3), or (4) of this section applies to the school. The
school shall not offer the same grade level classrooms in more
than one facility.
(2) A community school may be located in multiple
facilities under the same contract and, notwithstanding division
(B)(1) of this section, may assign students in the same grade
level to multiple facilities, as long as all of the following
apply:
(a) The governing authority has entered into and maintains
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2658 S. B. No. 127 Page 93
As Introduced
a contract with an operator of the type described in division
(A)(8)(b) of section 3314.02 of the Revised Code.
(b) The contract with that operator qualified the school
to be established pursuant to division (A) of former section
3314.016 of the Revised Code.
(c) The school's rating under section 3302.03 of the
Revised Code does not fall below a combination of any of the
following for two or more consecutive years:
(i) A rating of "in need of continuous improvement" under
section 3302.03 of the Revised Code, as that section existed
prior to March 22, 2013;
(ii) For the 2012-2013, 2013-2014, 2014-2015, and 2015-
2016 school years, a rating of "C" for both the performance
index score under division (A)(1)(b) or (B)(1)(b) and the value-
added dimension under division (A)(1)(e) or (B)(1)(e) of section
3302.03 of the Revised Code; or if the building serves only
grades ten through twelve, the building received a grade of "C"
for the performance index score under division (A)(1)(b) or (B)
(1)(b) of section 3302.03 of the Revised Code;
(iii) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020,
2020-2021 school years, an overall grade of "C" under division
(C)(3) of section 3302.03 of the Revised Code or an overall
performance designation of "meets standards" under division (E)
(3)(e) of section 3314.017 of the Revised Code;
(iv) For the 2021-2022 school year and any school year
thereafter, an overall performance rating of three stars under
division (D)(3) of section 3302.03 of the Revised Code or an
overall performance designation of "meets standards" under
division (E)(3)(e)(E)(5) of section 3314.017 of the Revised
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2687 S. B. No. 127 Page 94
As Introduced
Code.
(3) On and after September 30, 2021, a new start-up
community school may be established in two school districts
under the same contract regardless of the proposed location of
either district if both of the following apply:
(a) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level
classrooms in both facilities; and
(b) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as
measured by school bus.
(4) A community school may be located in multiple
facilities under the same contract and, notwithstanding division
(B)(1) of this section, may assign students in the same grade
level to multiple facilities, as long as both of the following
apply:
(a) The facilities are all located in the same county or
in any county adjacent to the county in which the community
school's primary facility is located.
(b) Either of the following conditions are satisfied:
(i) The community school is sponsored by a board of
education of a city, local, or exempted village school district
having territory in the same county where the facilities of the
community school are located or in any county adjacent to the
county in which the community school's primary facility is
located;
(ii) The community school is managed by an operator.
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2715 S. B. No. 127 Page 95
As Introduced
In the case of a community school to which division (B)(4)
of this section applies and that maintains facilities in more
than one school district, the school's governing authority shall
designate one of those districts to be considered the school's
primary location and the district in which the school is located
for the purposes of division (A)(19) of section 3314.03 and
divisions (C) and (H) of section 3314.06 of the Revised Code and
for all other purposes of this chapter and shall notify the
department of that designation.
(5) Any facility used for a community school shall meet
all health and safety standards established by law for school
buildings.
(C) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service center, the facility may not be used for such community
school unless the district or service center board owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms
and conditions agreed to by the district or service center board
and the school.
(D) Two or more separate community schools may be located
in the same facility.
(E) In the case of a community school that is located in
multiple facilities, beginning July 1, 2012, the department
shall assign a unique identification number to the school and to
each facility maintained by the school. Each number shall be
used for identification purposes only. Nothing in this division
shall be construed to require the department to calculate the
amount of funds paid under this chapter, or to compute any data
required for the report cards issued under section 3314.012 of
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2745 S. B. No. 127 Page 96
As Introduced
the Revised Code, for each facility separately. The department
shall make all such calculations or computations for the school
as a whole.
(F)(1) In the case of a community school that exists prior
to September 30, 2021, to which division (B)(3) of this section
applies, if only one of the school districts in which the school
is established was located in a challenged school district prior
to September 30, 2021, that district continues to be considered
the school's primary location and the district in which the
school is located for the purposes of division (A)(19) of
section 3314.03 and divisions (C) and (H) of section 3314.06 of
the Revised Code and for all other purposes of this chapter
unless and until the school's governing authority designates a
different school district as the school's primary location in
accordance with division (F)(2) of this section. If both of the
school districts in which the school is established were
challenged school districts on that date, and the primary
location was already designated by the school's governing
authority pursuant to the requirements of this section as it
existed prior to September 30, 2021, that designation remains
unless and until the school's governing authority designates a
different primary location.
(2)(a) On and after September 30, 2021, when a new start-
up community school is established in two school districts under
the same contract, the school's governing authority shall
designate one of those districts to be considered the school's
primary location and the district in which the school is located
for the purposes of division (A)(19) of section 3314.03 and
divisions (C) and (H) of section 3314.06 of the Revised Code and
for all other purposes of this chapter and shall notify the
department of education and workforce of that designation.
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(b) A community school governing authority that elects to
modify a community school's primary location, whether in
accordance with division (F)(1) of this section or otherwise,
shall notify the department of that modification.
Sec. 3314.29. (A) This section applies to any internet- or
computer-based community school that meets all of the following
conditions:
(1) Serves all of grades kindergarten through twelve;
(2) Has an enrollment of at least two thousand students;
(3) Has a sponsor that was not rated ineffective or poor
on its most recent evaluation under section 3314.016 of the
Revised Code.
(B) Beginning with the 2018-2019 school year, the
governing authority of a community school to which this section
applies may adopt a resolution to divide the school into two or
three separate schools as follows:
(1) If the school is divided into two schools, one school
shall serve grades kindergarten through eight and one school
shall serve grades nine through twelve.
(2) If the school is divided into three schools, one
school shall serve grades kindergarten through five, one school
shall serve grades six through eight, and one school shall serve
grades nine through twelve.
(C) The resolution adopted by the governing authority
shall not be effective unless approved by the school's sponsor.
Following approval of the resolution by the sponsor, and by the
fifteenth day of March prior to the school year in which it will
take effect, the governing authority shall file the resolution
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2804 S. B. No. 127 Page 98
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with the department of education and workforce. The division of
the schools shall be effective on the first day of July
succeeding the date the resolution is filed with the department.
(D) All of the following shall apply to each new school
created as a result of the resolution authorized by this section
and to the school that is divided as a result of the resolution:
(1) Each school shall have the same governing authority.
(2) The sponsor and governing authority shall enter into a
separate contract under section 3314.03 of the Revised Code for
each school.
(3) No school shall primarily serve students enrolled in a
dropout prevention and recovery program operated by the school.
(4) No school shall be permitted to divide again under
this section.
(5) Notwithstanding anything to the contrary in division
(B)(2) of section 3314.016 of the Revised Code, each school
shall be included in the calculation of the academic performance
component for purposes of rating the schools' sponsor under the
evaluation system prescribed by that section.
(6) Each school shall be subject to the laws contained in
Chapter 3314. of the Revised Code, except as otherwise specified
in this section.
(E) The department shall issue a report card under section
3314.012 of the Revised Code for each new school created as a
result of the resolution authorized by this section and for the
school that is divided as a result of the resolution. For
purposes of the report cards and other reporting requirements
under this chapter, the department shall assign the school that
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2832 S. B. No. 127 Page 99
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serves the highest grades the same internal retrieval number
previously used by the school that is divided under this
section. The department shall assign a new internal retrieval
number to each other school resulting from the division.
Notwithstanding division (A) of section 3314.012 of the
Revised Code, the ratings a school receives on its report card
for the first two full school years after the division under
this section shall count toward closure of the school under
required action for poorly performing community schools under
section 3314.35 of the Revised Code and any other matter that is
based on report card ratings or measures.
Sec. 3314.35. (A) This section applies to a community
school that, for the three most recent school years, meets any
combination of the following criteria:
(1) The school meets all of the following criteria:
(a) The school offers a grade level higher than three.
(b) The school has been ranked by the department of
education and workforce according to performance index score in
the bottom five per cent of all ranked school buildings in the
state.
(c) The school has been ranked by the department according
to effect size under the value-added progress dimension in the
bottom ten per cent of all ranked school buildings in the state.
(d) A majority of the students enrolled in the school are
not enrolled in a dropout prevention and recovery program.
(2) The school meets both of the following:
(a) A majority of the students enrolled in the school are
enrolled in a dropout prevention and recovery program.
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2860 S. B. No. 127 Page 100
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(b) The school has received a designation of "does not
meet standards," as described in division (D)(1) of section
3314.017 of the Revised Code, on the report card issued under
that section.
(B) The department shall provide notice to any community
school to which this section applies of that fact. The governing
authority of a community school to which this section applies
shall do one of the following at the conclusion of the school
year in which the school first becomes subject to this section:
(1) Permanently close. The sponsor and governing authority
of the school shall comply with all procedures for closing a
community school adopted by the department under division (E) of
section 3314.015 of the Revised Code. The governing authority of
the school shall not enter into a contract with any other
sponsor under section 3314.03 of the Revised Code after the
school closes.
(2) Contract with one of the following entities to operate
the school:
(a) An education management organization or charter
management organization that is approved by the department and
meets at least one of the following conditions:
(i) The organization has experience in improving school
performance;
(ii) The schools managed by the organization have received
an average of at least three stars in the achievement and
progress components under division (D)(3) of section 3302.03 of
the Revised Code on the most recent report card issued by the
department.
(b) A school district that meets both of the following:
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2889 S. B. No. 127 Page 101
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(i) The district has received an overall rating of at
least four stars on its most recent report card issued under
section 3302.03 of the Revised Code and has experience improving
school performance, as determined by the department;
(ii) The district does not operate any school building
that is subject to section 3302.12 of the Revised Code.
(c) An educational service center that has experience in
school improvement and meets criteria established by the
department;
(d) A private college as defined in section 3365.01 of the
Revised Code that has experience in school improvement and meets
criteria established by the department;
(e) A state institution of higher education as defined in
section 3345.011 of the Revised Code that has experience in
school improvement and meets criteria established by the
department.
(3) Replace the principal and at least a majority of
licensed staff of the school. Notwithstanding any provision to
the contrary in Chapter 4117. of the Revised Code, this
provision prevails over any conflicting provisions of a
collective bargaining agreement or contract for employment
entered into after the effective date of this section.
(4) Work with a department-approved external service
provider with expertise in school improvement.
(C) If the governing authority of a community school
subject to this section implements any alternative to closure
under division (B) of this section or any combination of
alternatives to closure under that division and the school
continues to meet the criteria described in division (A) of this
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2918 S. B. No. 127 Page 102
As Introduced
section for the next three consecutive school years, beginning
with the school year in which an alternative to closure is first
implemented, the governing authority shall permanently close the
school pursuant to division (B)(1) of this section.
(D) Nothing in this section or in any other provision of
the Revised Code prohibits the sponsor of a community school
from exercising its option not to renew a contract for any
reason or from terminating a contract prior to its expiration
for any of the reasons set forth in section 3314.07 of the
Revised Code.
(E) The department may adopt rules as necessary to
implement this section.
(F) The department shall not consider report cards issued
prior to the 2024-2025 school year in determining whether a
community school is subject to this section.
Sec. 3314.352. No community school that is permanently
closed under section 3314.35 or former section 3314.351 of the
Revised Code as it existed prior to the effective date of this
amendment may be reopened under another name if any of the
following conditions are true:
(A) The new school has the same sponsor as the closed
school.
(B) The new school has the same chief administrator as the
closed school.
(C) The governing authority of the new school consists of
any of the same members that served on the governing authority
of the closed school during that school's last year of
operation.
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2946 S. B. No. 127 Page 103
As Introduced
(D) Fifty per cent or more of the teaching staff of the
new school consists of the same individuals who were employed as
teachers at the closed school during that school's last year of
operation.
(E) Fifty per cent or more of the administrative staff of
the new school consists of the same individuals who were
employed as administrators at the closed school during that
school's last year of operation.
(F) The performance standards and accountability plan
prescribed by the sponsor contract for the new school, entered
into under section 3314.03 of the Revised Code, are the same as
those for the closed school.
Sec. 3314.353. Each year, the department of education and
workforce shall publish separate lists of the following:
(A) Community schools that have become subject to
permanent closure required action for poorly performing
community schools under section 3314.35 or 3314.351 of the
Revised Code;
(B) Community schools that are at risk of becoming subject
to permanent closure required action for poorly performing
community schools under section 3314.35 or 3314.351 of the
Revised Code if their academic performance, as prescribed in
those sections, does not improve on the next state report cards
issued under section 3302.03 or 3314.017 of the Revised Code.
The department of education and workforce shall not adopt
any rules, enforce any procedures or policies, or otherwise
restrict the establishment or sponsorship of a new start-up
community school based upon whether the school's proposed
location is in a challenged school district.
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2975 S. B. No. 127 Page 104
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Sec. 3314.354. Not later than the thirty-first day of July
of each year, the department of education and workforce shall
submit preliminary data on community schools at risk of becoming
subject to permanent closure an action required for poorly
performing community schools under section 3314.35 or 3314.351
of the Revised Code.
Sec. 3326.53. (A) This section applies to a STEM school
that, for the three most recent school years, meets all of the
following criteria:
(1) The STEM school offers a grade level higher than
three;
(2) The STEM school has been ranked by the department of
education and workforce according to performance index score in
the bottom five per cent of all ranked school buildings in the
state;
(3) The STEM school has been ranked by the department
according to effect size under the value-added progress
dimension in the bottom ten per cent of all ranked school
buildings in the state.
(B) The department shall provide notice to any STEM school
to which this section applies of that fact. In the case of a
STEM school to which this section applies, the governing body of
the STEM school shall do one of the following at the conclusion
of the school year in which the STEM school first becomes
subject to this section:
(1) Close the school;
(2) Contract with one of the following entities to operate
the school:
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3003 S. B. No. 127 Page 105
As Introduced
(a) An education management organization or charter
management organization that is approved by the department and
meets at least one of the following conditions:
(i) The organization has experience in improving school
performance;
(ii) The schools managed by the organization have received
an average of at least three stars in the achievement and
progress components under division (D)(3) of section 3302.03 of
the Revised Code on the most recent report card issued by the
department.
(b) A school district that meets both of the following:
(i) The district has received an overall rating of at
least four stars on its most recent report card issued under
section 3302.03 of the Revised Code and has experience improving
school performance, as determined by the department;
(ii) The district does not operate any school building
that is subject to section 3302.12 of the Revised Code.
(c) An educational service center that has experience in
school improvement and meets criteria established by the
department;
(d) A private college as defined in section 3365.01 of the
Revised Code that has experience in school improvement and meets
criteria established by the department;
(e) A state institution of higher education as defined in
section 3345.011 of the Revised Code that has experience in
school improvement and meets criteria established by the
department.
(3) Replace the principal and at least a majority of
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3031 S. B. No. 127 Page 106
As Introduced
licensed staff of the school. Notwithstanding any provision to
the contrary in Chapter 4117. of the Revised Code, this
provision prevails over any conflicting provisions of a
collective bargaining agreement or contract for employment
entered into after the effective date of this section.
(4) Work with a department-approved external service
provider that has expertise in school improvement.
(C) If the governing body of a STEM school subject to this
section implements any alternative to closure under division (B)
of this section or any combination of alternatives to closure
under that division and the school continues to meet the
criteria described in division (A) of this section for the next
three consecutive school years, beginning with the school year
in which an alternative to closure is first implemented, the
governing body shall close the school pursuant to division (B)
(1) of this section.
(D) The department may adopt rules as necessary to
implement this section.
(E) The department shall not consider report cards issued
prior to the 2024-2025 school year in determining whether a STEM
school is subject to this section.
Section 2. That existing sections 3301.0712 , 3302.03,
3302.034, 3302.036, 3302.12, 3313.413, 3314.012, 3314.016,
3314.017, 3314.0211, 3314.03 , 3314.05, 3314.29, 3314.352,
3314.353, and 3314.354 of the Revised Code are hereby repealed.
Section 3. That sections 3314.35, 3314.351, 3314.355, and
3314.36 of the Revised Code are hereby repealed.
Section 4. Sections 1 to 3 of this act take effect July 1,
2025.
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3060 S. B. No. 127 Page 107
As Introduced
Section 5. Section 3314.03 of the Revised Code is
presented in this act as a composite of the section as amended
by H.B. 214, H.B. 250, and S.B. 168, all of the 135th General
Assembly. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous
operation, finds that the composite is the resulting version of
the section in effect prior to the effective date of the section
as presented in this act.
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