As Introduced
136th General Assembly
Regular Session S. B. No. 19
2025-2026
Senator Brenner
A B I LL
To amend sections 3301.0714, 3314.03, and 3326.11
and to enact sections 3302.131, 3302.132, and
3313.6030 of the Revised Code with regard to
academic intervention services at public schools
and the establishment of mathematics improvement
and intervention plans.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0714, 3314.03, and 3326.11
be amended and sections 3302.131, 3302.132, and 3313.6030 of the
Revised Code be enacted to read as follows:
Sec. 3301.0714. (A) The department of education and
workforce shall adopt rules for a statewide education management
information system. The rules shall require the department to
establish guidelines for the establishment and maintenance of
the system in accordance with this section and the rules adopted
under this section. The guidelines shall include:
(1) Standards identifying and defining the types of data
in the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
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data to the department in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in
accordance with division (G) of this section;
(4) Procedures for annually reporting the data to the
public in accordance with division (H) of this section;
(5) Standards to provide strict safeguards to protect the
confidentiality of personally identifiable student data.
(B) The guidelines adopted under this section shall
require the data maintained in the education management
information system to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and
remedial instruction. The guidelines shall require instructional
services under this division to be divided into discrete
categories if an instructional service is limited to a specific
subject, a specific type of student, or both, such as regular
instructional services in mathematics, remedial reading
instructional services, instructional services specifically for
students gifted in mathematics or some other subject area, or
instructional services for students with a specific type of
disability. The categories of instructional services required by
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the guidelines under this division shall be the same as the
categories of instructional services used in determining cost
units pursuant to division (C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant
to division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a
disabling condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the department
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration.
(h) Expulsion rates;
(i) Suspension rates;
(j) Dropout rates;
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(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with the
director's rules;
(m) Graduation rates, to be calculated in a manner
specified by the department that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic
assessment administered to a kindergarten student, except for
the language and reading assessment described in division (A)(2)
of section 3301.0715 of the Revised Code, if the parent of that
student requests the district not to report those results.
(o) The number of students earning each state diploma seal
included in the system prescribed under division (A) of section
3313.6114 of the Revised Code;
(p) The number of students demonstrating competency for
graduation using each option described in divisions (B)(1)(a) to
(d) of section 3313.618 of the Revised Code;
(q) The number of students completing each foundational
and supporting option as part of the demonstration of competency
for graduation pursuant to division (B)(1)(b) of section
3313.618 of the Revised Code;
(r) The number of students enrolled in all-day
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kindergarten, as defined in section 3321.05 of the Revised Code.
(2) Personnel and classroom enrollment data for each
school district, including:
(a) The total numbers of licensed employees and
nonlicensed employees and the numbers of full-time equivalent
licensed employees and nonlicensed employees providing each
category of instructional service, instructional support
service, and administrative support service used pursuant to
division (C)(3) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole,
for each school building as a whole, and for each grade in each
school building.
(b) The total number of employees and the number of full-
time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section,
and the total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category used
pursuant to division (C)(4)(c) of this section. The guidelines
adopted under this section shall require these categories of
data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade
in each school building.
(c) The total number of regular classroom teachers
teaching classes of regular education and the average number of
pupils enrolled in each such class, in each of grades
kindergarten through five in the district as a whole and in each
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school building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of English learners in the district, and an
appropriate measure of the number of the school district's
pupils who reside in economically disadvantaged households. The
demographic data shall be collected in a manner to allow
correlation with data collected under division (B)(1) of this
section. Categories for data collected pursuant to division (B)
(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public
preschool program, a private preschool program, or a head start
program, and the number of years the student participated in
each of these programs.
(4)(a) The core curriculum and instructional materials
being used for English language arts in each of grades pre-
kindergarten to five;
(b) The reading intervention programs being used in each
of grades pre-kindergarten to twelve.
(5)(5)(a) The core curriculum and instructional materials
being used for mathematics in each of grades kindergarten to
eight;
(b) The mathematics intervention programs being used in
each of grades kindergarten to twelve.
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(6) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall
include cost accounting data for each district as a whole and
for each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive cost units and shall require all of the costs of each
school district to be divided among the cost units. The
guidelines shall require the system of mutually exclusive cost
units to include at least the following:
(1) Administrative costs for the school district as a
whole. The guidelines shall require the cost units under this
division (C)(1) to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
in enrolled ADM in the school district, as determined pursuant
to section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average
expenditure per pupil receiving the service in the school
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district as a whole and average expenditure per pupil receiving
the service in each building in the school district and in terms
of a total cost for each category of service and, as a breakdown
of the total cost, a cost for each of the following components:
(a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related to each instructional services category, such as the
cost of personnel that develop the curriculum for the
instructional services category and the cost of personnel
supervising or coordinating the delivery of the instructional
services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required
by guidelines adopted pursuant to division (B)(1)(b) of this
section. The guidelines shall require the cost units under
division (C)(4) of this section to be designed so that each of
them may be compiled and reported in terms of average
expenditure per pupil receiving the service in the school
district as a whole and average expenditure per pupil receiving
the service in each building in the school district and in terms
of a total cost for each category of service and, as a breakdown
of the total cost, a cost for each of the following components:
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(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under
a supplemental contract;
(b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each services category in division (C)(4)(a) or (b) of this
section, such as the cost of any licensed or nonlicensed
employees that develop, supervise, coordinate, or otherwise are
involved in administering or aiding the delivery of each
services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines may also require school districts to report
information about individual staff members in connection with
any data required by division (B) or (C) of this section or
other reporting requirements established in the Revised Code.
The guidelines shall not authorize school districts to request
social security numbers of individual students. The guidelines
shall prohibit the reporting under this section of a student's
name, address, and social security number to the department. The
guidelines shall also prohibit the reporting under this section
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of any personally identifiable information about any student,
except for the purpose of assigning the data verification code
required by division (D)(2) of this section, to any other person
unless such person is employed by the school district or the
information technology center operated under section 3301.075 of
the Revised Code and is authorized by the district or technology
center to have access to such information or is employed by an
entity with which the department contracts for the scoring or
the development of state assessments. The guidelines may require
school districts to provide the social security numbers of
individual staff members and the county of residence for a
student. Nothing in this section prohibits the department from
providing a student's county of residence to the department of
taxation to facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school
district or community school to assign a data verification code
that is unique on a statewide basis over time to each student
whose initial Ohio enrollment is in that district or school and
to report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of
data verification codes for other entities, as described in
division (D)(2)(d) of this section, the use of those codes, and
the reporting and use of associated individual student data
shall be coordinated by the department of education and
workforce in accordance with state and federal law.
School districts shall report individual student data to
the department through the information technology centers
utilizing the code. The entities described in division (D)(2)(d)
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of this section shall report individual student data to the
department in the manner prescribed by the department.
(b)(i) Except as provided in sections 3301.941, 3310.11,
3310.42, 3310.63, 3313.978, 3317.20, and 5747.057 of the Revised
Code, and in division (D)(2)(b)(ii) of this section, at no time
shall the department have access to information that would
enable any data verification code to be matched to personally
identifiable student data.
(ii) For the purpose of making per-pupil payments to
community schools under section 3317.022 of the Revised Code,
the department shall have access to information that would
enable any data verification code to be matched to personally
identifiable student data.
(c) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize
the same identifier in its reporting of data under this section.
(d)(i) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section
3321.01 of the Revised Code, including the directors of health,
job and family services, mental health and addiction services,
children and youth, and developmental disabilities, shall
request and receive, pursuant to sections 3301.0723 and 5180.33
of the Revised Code, a data verification code for a child who is
receiving those services.
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(ii) The director of developmental disabilities, director
of health, director of job and family services, director of
mental health and addiction services, medicaid director,
executive director of the commission on minority health,
executive director of the opportunities for Ohioans with
disabilities agency, or director of education and workforce, on
behalf of a program that receives public funds and provides
services to children who are younger than compulsory school age,
may request and receive, pursuant to section 3301.0723 of the
Revised Code, a data verification code for a child who is
receiving services from the program.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other
reporting requirements established in the Revised Code. The
other data, information, or reports may be maintained in the
education management information system but are not required to
be compiled as part of the profile formats required under
division (G) of this section or the annual statewide report
required under division (H) of this section.
(F) The board of education of each school district shall
annually collect and report to the department, in accordance
with the guidelines established by the department, the data
required pursuant to this section. A school district may collect
and report these data notwithstanding section 2151.357 or
3319.321 of the Revised Code.
(G) The department shall, in accordance with the
procedures it adopts, annually compile the data reported by each
school district pursuant to division (D) of this section. The
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department shall design formats for profiling each school
district as a whole and each school building within each
district and shall compile the data in accordance with these
formats. These profile formats shall:
(1) Include all of the data gathered under this section in
a manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained
pursuant to division (B)(1)(d) of this section.
(H)(1) The department shall, in accordance with the
procedures it adopts, annually prepare a statewide report for
all school districts and the general public that includes the
profile of each of the school districts developed pursuant to
division (G) of this section. Copies of the report shall be sent
to each school district.
(2) The department shall, in accordance with the
procedures it adopts, annually prepare an individual report for
each school district and the general public that includes the
profiles of each of the school buildings in that school district
developed pursuant to division (G) of this section.
(I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school.
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As used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established
under this section.
(2) "Cost" means any expenditure for operating expenses
made by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483
of the Revised Code.
(K) Any person who removes data from the information
system established under this section for the purpose of
releasing it to any person not entitled under law to have access
to such information is subject to section 2913.42 of the Revised
Code prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section
and the rules adopted under division (L)(10) of this section,
the department may sanction any school district that reports
incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or
otherwise does not make a good faith effort to report data as
required by this section.
(2) If the department decides to sanction a school
district under this division, the department shall take the
following sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under
this section and require the district to review its data
submission and submit corrected data by a deadline established
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by the department. The department also may require the district
to develop a corrective action plan, which shall include
provisions for the district to provide mandatory staff training
on data reporting procedures.
(b) Withhold up to ten per cent of the total amount of
state funds due to the district for the current fiscal year and,
if not previously required under division (L)(2)(a) of this
section, require the district to develop a corrective action
plan in accordance with that division;
(c) Withhold an additional amount of up to twenty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per
cent of the total amount of state funds due to the district for
the current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's
data management system;
(vi) Conduct an investigation to determine whether to
suspend or revoke the license of any district employee in
accordance with division (N) of this section;
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(vii) If the district is issued a report card under
section 3302.03 of the Revised Code, indicate on the report card
that the district has been sanctioned for failing to report data
as required by this section;
(viii) If the district is issued a report card under
section 3302.03 of the Revised Code and incomplete or inaccurate
data submitted by the district likely caused the district to
receive a higher performance rating than it deserved under that
section, issue a revised report card for the district;
(ix) Any other action designed to correct the district's
data reporting problems.
(3) Any time the department takes an action against a
school district under division (L)(2) of this section, the
department shall make a report of the circumstances that
prompted the action. The department shall send a copy of the
report to the district superintendent or chief administrator and
maintain a copy of the report in its files.
(4) If any action taken under division (L)(2) of this
section resolves a school district's data reporting problems to
the department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that
if the department withheld funding under division (L)(2)(c) of
this section, the department shall not release the funds
withheld under division (L)(2)(b) of this section and, if the
department withheld funding under division (L)(2)(d) of this
section, the department shall not release the funds withheld
under division (L)(2)(b) or (c) of this section.
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(5) Notwithstanding anything in this section to the
contrary, the department may use its own staff or an outside
entity to conduct an audit of a school district's data reporting
practices any time the department has reason to believe the
district has not made a good faith effort to report data as
required by this section. If any audit conducted by an outside
entity under division (L)(2)(d)(i) or (5) of this section
confirms that a district has not made a good faith effort to
report data as required by this section, the district shall
reimburse the department for the full cost of the audit. The
department may withhold state funds due to the district for this
purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for
the district. If the referee affirms the department's contention
that the district did not make a good faith effort to report
data as required by this section, the district shall bear the
full cost of conducting the hearing and of issuing any revised
report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
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this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department
and a school district regarding the appropriateness of an action
taken under division (L)(2) of this section, the burden of proof
shall be on the district to demonstrate that it made a good
faith effort to report data as required by this section.
(10) The director of education and workforce shall adopt
rules under Chapter 119. of the Revised Code to implement
division (L) of this section.
(M) No information technology center or school district
shall acquire, change, or update its student administration
software package to manage and report data required to be
reported to the department unless it converts to a student
software package that is certified by the department.
(N) The state board of education, in accordance with
sections 3319.31 and 3319.311 of the Revised Code, may suspend
or revoke a license as defined under division (A) of section
3319.31 of the Revised Code that has been issued to any school
district employee found to have willfully reported erroneous,
inaccurate, or incomplete data to the education management
information system.
(O) No person shall release or maintain any information
about any student in violation of this section. Whoever violates
this division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race
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and socioeconomic status of the students assessed.
(Q) If the department cannot compile any of the
information required by division (I) of section 3302.03 of the
Revised Code based upon the data collected under this section,
the department shall develop a plan and a reasonable timeline
for the collection of any data necessary to comply with that
division.
Sec. 3302.131. (A) Beginning with the 2025-2026 school
year and each school year thereafter, each school district or
community school in which fifty-one per cent or less of the
district's or school's students who took the third grade
mathematics assessment prescribed under section 3301.0710 of the
Revised Code for that school year attained at least a proficient
score on that assessment shall establish and submit to the
department of education and workforce a mathematics achievement
improvement plan.
(B) The department shall establish guidelines prescribing
the content of and deadlines for mathematics achievement
improvement plans required under division (A) of this section.
The guidelines shall prescribe that each plan include, at a
minimum, an analysis of relevant student performance data,
measurable student performance goals, strategies to meet
specific student needs, a staffing and professional development
plan, and instructional strategies for improving student
performance.
(C) Beginning with the 2025-2026 school year and each
school year thereafter, any school district or community school
to which this section applies is no longer required to submit an
improvement plan pursuant to division (A) of this section when
not less than fifty-one per cent of the district's students who
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took the third grade mathematics assessment prescribed under
section 3301.0710 of the Revised Code for that school year
attained at least a proficient score on that assessment.
(D) The department shall post in a prominent location on
its web site all plans submitted pursuant to this section.
Sec. 3302.132. (A) Beginning with the 2025-2026 school
year and each school year thereafter, for each student required
to be provided mathematics intervention services under section
3313.6030 of the Revised Code, the district shall develop a
mathematics improvement and monitoring plan within sixty days
after receiving the student's results on the third grade
mathematics assessment prescribed under section 3301.0710 of the
Revised Code. The district shall involve the student's parent or
guardian and classroom teacher in developing the plan. The plan
shall include all of the following:
(1) Identification of the student's specific mathematics
deficiencies;
(2) A description of the additional instructional services
and support that will be provided to the student to remediate
the identified mathematics deficiencies;
(3) Opportunities for the student's parent or guardian to
be involved in the instructional services and support described
in division (A)(2) of this section;
(4) A process for monitoring the extent to which the
student receives the instructional services and support
described in division (A)(2) of this section;
(5) A mathematics curriculum during regular school hours
that does all of the following:
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(a) Assists students in mathematics at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each
student's progress.
(6) High-dosage tutoring opportunities aligned with the
student's classroom instruction through a state-approved vendor
on the list of high-quality tutoring vendors under section
3301.136 of the Revised Code or a locally approved opportunity
that aligns with high-dosage tutoring best practices. High-
dosage tutoring opportunities shall include additional
instruction time delivered at least three days per week, or at
least fifty hours over thirty-six weeks.
(B)(1) The district shall continue to implement the plan
developed under division (A) of this section until the student
achieves the required level of skill in mathematics for the
student's current grade level.
(2) The district shall report any information requested by
the department of education and workforce about the mathematics
improvement and monitoring plans developed under this section in
the manner required by the department.
Sec. 3313.6030. (A) As used in this section:
(1) "Qualifying student" means a student who demonstrates
a limited level of skill on a state assessment in mathematics or
English language arts, or both.
(2) "State assessment" means an achievement assessment
prescribed under section 3301.0710 of the Revised Code or an
end-of-course examination prescribed under section 3301.0712 of
the Revised Code.
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(3) "Tutoring supports" means high-dosage tutoring
opportunities aligned with the student's classroom instruction
through a state-approved vendor on the list of high-quality
tutoring vendors under section 3301.136 of the Revised Code or a
locally approved opportunity that aligns with high-dosage
tutoring best practices. High-dosage tutoring opportunities
shall include additional instruction time of at least three days
per week, or at least fifty hours over thirty-six weeks.
To the extent practicable, districts and schools shall
endeavor to provide each of a student's tutoring supports with
the same tutor.
(4) "Integrated student supports" means an evidence based
approach whereby schools intentionally and systematically
leverage and coordinate resources and relationships available in
the school and the surrounding community to address
comprehensive student strengths, interests, and needs.
(B) Each school district, community school established
pursuant to Chapter 3314., and STEM school established pursuant
to Chapter 3326. of the Revised Code shall provide evidence-
based academic intervention services, free of cost, to each
qualifying student. The district or school shall provide those
services directly, through a contracted vendor, or as a
combination of both options. A district or school annually shall
notify the department of education and workforce, through the
education management information system established under
section 3301.0714 of the Revised Code, of all of the following:
(1) The number of qualifying students enrolled in the
district or school;
(2) The number of qualifying students receiving academic
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intervention services in mathematics, English language arts, or
both;
(3) The number of qualifying students receiving academic
intervention services from the district or school directly,
through a vendor, or a combination of both options.
(C)(1) Academic intervention services provided to a
student under this section may encompass a variety of evidence-
based supports, including tutoring supports, additional
instruction time, an extended school calendar, participation in
a learning support program, or any other academically centered
support service that the district or school determines will
improve the student's academic performance. Intervention
services may also be offered in combination with integrated
student supports.
(2) All academic intervention services provided to a
qualifying student under this section shall align with the
academic instruction the student receives. Intervention services
shall be in addition to and not a replacement for existing
academic instruction and other services provided to students.
All academic intervention services in English language arts
shall align with the science of reading as defined in section
3313.6028 of the Revised Code.
(D) A district or school shall ensure that academic
intervention services provided to a qualifying student under
division (C) of this section do not supplant the student's core
academic instructional time.
(E)(1) A district or school shall notify the parent or
guardian of a qualifying student that the student will receive
academic intervention services prior to providing services to
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the student. Notification shall include a description of which
intervention or interventions the qualifying student will
receive and who will provide services to the student.
(2) The district or school periodically shall update the
parent or guardian on the academic intervention services
provided to the qualifying student and shall provide resources
and recommendations for ways the parent or guardian may assist
the qualifying student.
(F)(1) Beginning with the 2025-2026 school year, and each
school year thereafter, the department randomly shall identify
and select individual schools operated by a school district,
community schools, and STEM schools for a review of their
academic intervention services for qualifying students under
this section. The department shall not select more than five per
cent of all schools to review each year. No school shall be
selected for review more than once every three years. The review
shall include, at a minimum, a document review, interviews with
applicable school staff, and observations of interventions.
The review shall assess all of the following:
(a) Whether qualifying students receive academic
intervention services in accordance with division (B) of this
section;
(b) The types and methods of academic intervention
services that qualifying students receive;
(c) The quality of the academic intervention services
provided by the school or the contracted vendor. To determine
quality, the department may consider the length and duration of
the intervention, specific programs and curriculum being used,
the credentials and training of intervention providers, and data
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regarding qualifying student progress.
(2) The department shall provide a report to the school
containing its review of the school's academic intervention
services not later than seventy-five days after the department
completes the review. Each report shall include an assessment of
the efficacy of the academic intervention services provided to
qualifying students, along with any recommendations the
department considers necessary. The school shall post a copy of
the report on its web site and shall make the report available
upon request to any person. The department shall include a
review completed under this division as part of the student
opportunity profile on the state report card under section
3302.03 of the Revised Code.
(3) The department may contract with an organization that
has documented expertise in supporting school improvement and
academic intervention services to help with conducting its
review under division (F) of this section.
(G)(1) A student is no longer a qualifying student under
this section when the student achieves a level of skill higher
than limited on a statewide assessment or diagnostic assessment
prescribed under sections 3301.079, 3301.0710, 3301.0712, and
3301.0715 of the Revised Code, in mathematics or English
language arts, taken for the grade level in which the student is
enrolled.
(2) A district or school shall not be required to provide
academic intervention services in either mathematics or English
language arts to a qualifying student if both of the following
apply:
(a) The student receives a final course letter grade of
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"C" or higher, or the equivalent, in the course in the subject
area that is associated with the state assessment on which the
student demonstrates a limited level of skill.
(b) The student scored at or above grade level in the last
two diagnostic assessments in the subject area described in
division (G)(2)(a) of this section that were administered to the
student.
(3) If a qualifying student receiving academic
intervention services in both mathematics and English language
arts demonstrates a skill greater than limited under this
section in one, but not both, subject areas, the student shall
continue to receive academic intervention services for the
subject area in which the student continues to demonstrate a
limited level of skill.
(4) Any student in any of grades nine through twelve who
fails to demonstrate a level of skill greater than limited on an
end-of-course examination in mathematics or English language
arts, or both, as prescribed under section 3301.0712 of the
Revised Code, and is not required to retake the examination,
continues to qualify for intervention services under this
section. For such a student, the district or school shall align
intervention services with the student's selected graduation
pathway prescribed under section 3313.618 of the Revised Code.
(H) Nothing in this section prohibits a district or school
from providing academic intervention services to a student who
does not meet the definition of a qualifying student under this
section.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the director of education and
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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:
(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;
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(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
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:
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(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.
(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,
3302.131, 3302.132, 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, 3313.6030, 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,
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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., 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
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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
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.
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(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:
(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.
(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.
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(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
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;
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(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
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
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982 S. B. No. 19 Page 35
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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
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
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1011 S. B. No. 19 Page 36
As Introduced
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;
(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
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1039 S. B. No. 19 Page 37
As Introduced
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;
(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
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1067 S. B. No. 19 Page 38
As Introduced
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
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
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1096 S. B. No. 19 Page 39
As Introduced
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
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. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3301.0729, 3301.948, 3302.037, 3302.131,
3302.132, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539,
3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013,
3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024,
3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.6030, 3313.61,
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,
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, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117,
3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816,
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1127 S. B. No. 19 Page 40
As Introduced
3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96,
3319.073, 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238,
3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39,
3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614,
3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05,
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744.,
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of
the Revised Code as if it were a school district.
Section 2. That existing sections 3301.0714, 3314.03, and
3326.11 of the Revised Code are hereby repealed.
Section 3. 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 following sections,
presented in this act as composites of the sections as amended
by the acts indicated, are the resulting versions of the
sections in effect prior to the effective date of the sections
as presented in this act:
Section 3314.03 of the Revised Code as amended by H.B.
214, H.B. 250, and S.B. 168, all of the 135th General Assembly.
Section 3326.11 of the Revised Code as amended by H.B. 47,
H.B. 214, and S.B. 168, all of the 135th General Assembly.
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