SB 443

As Introduced
136th General Assembly
   Regular Session  S. B. No. 443
       2025-2026
  Senators Blessing, Smith
  Cosponsors: Senators Antonio, DeMora, Weinstein
  To amend sections 3301.0711, 3310.03, 3310.13,  1
  3310.14, 3310.15, 3313.618, 3313.619, 3313.976,  2
  3314.03, 3319.324, and 3326.11 and to enact  3
  sections 117.113, 3301.165, 3301.166, 3301.167,  4
  3302.0311, and 3313.6612 of the Revised Code to  5
  enact the Take the Dough, We Gotta Know Act  6
  regarding chartered nonpublic schools that  7
  participate in the Educational Choice and Pilot  8
  Project scholarship programs and disciplinary  9
  record requirements for schools.  10
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3301.0711, 3310.03, 3310.13,  11
3310.14, 3310.15, 3313.618, 3313.619, 3313.976, 3314.03,  12
3319.324, and 3326.11 be amended and sections 117.113, 3301.165,       13
3301.166, 3301.167, 3302.0311, and 3313.6612 of the Revised Code       14
be enacted to read as follows:  15
     Sec. 117.113. (A) As used in this section:  16
     (1) "Public money" includes any funds a qualifying school  17
receives from the state for any of the following:  18
     (a) Participation in the educational choice scholarship  19
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As Introduced
program established under sections 3310.01 to 3310.17 of the  20
Revised Code or the pilot project scholarship program  21
established under sections 3313.974 to 3313.979 of the Revised  22
Code;  23
        (b) Administrative and clerical cost reimbursements  24
prescribed under section 3317.063 of the Revised Code;  25
        (c) Auxiliary services reimbursements prescribed under  26
section 3317.064 of the Revised Code.  27
        (2) "Qualifying school" has the same meaning as in section  28
3301.166 of the Revised Code.  29
        (B) Each fiscal year, the auditor of state shall audit the  30
specific funds or accounts of each qualifying school in the  31
state into which public money has been placed or deposited for  32
that fiscal year.  33
        Sec. 3301.0711. (A) The department of education and  34
workforce shall:  35
        (1) Annually furnish to, grade, and score all assessments  36
required by divisions (A)(1) and (B)(1) of section 3301.0710 of  37
the Revised Code to be administered by city, local, exempted  38
village, and joint vocational school districts, except that each  39
district shall score any assessment administered pursuant to  40
division (B)(10) of this section. Each assessment so furnished  41
shall include the data verification code of the student to whom  42
the assessment will be administered, as assigned pursuant to  43
division (D)(2) of section 3301.0714 of the Revised Code. In  44
furnishing the practice versions of Ohio graduation tests  45
prescribed by division (D) of section 3301.0710 of the Revised  46
Code, the department shall make the tests available on its web  47
site for reproduction by districts. In awarding contracts for  48
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As Introduced
grading assessments, the department shall give preference to  49
Ohio-based entities employing Ohio residents.  50
        (2) Adopt rules for the ethical use of assessments and  51
prescribing the manner in which the assessments prescribed by  52
section 3301.0710 of the Revised Code shall be administered to  53
students.  54
        (B) Except as provided in divisions (C) and (J) of this  55
section, the board of education of each city, local, and  56
exempted village school district shall, in accordance with rules  57
adopted under division (A) of this section:  58
        (1) Administer the English language arts assessments  59
prescribed under division (A)(1)(a) of section 3301.0710 of the  60
Revised Code twice annually to all students in the third grade  61
who have not attained the score designated for that assessment  62
under division (A)(2)(c) of section 3301.0710 of the Revised  63
Code.  64
        (2) Administer the mathematics assessment prescribed under  65
division (A)(1)(a) of section 3301.0710 of the Revised Code at  66
least once annually to all students in the third grade.  67
        (3) Administer the assessments prescribed under division  68
(A)(1)(b) of section 3301.0710 of the Revised Code at least once  69
annually to all students in the fourth grade.  70
        (4) Administer the assessments prescribed under division  71
(A)(1)(c) of section 3301.0710 of the Revised Code at least once  72
annually to all students in the fifth grade.  73
        (5) Administer the assessments prescribed under division  74
(A)(1)(d) of section 3301.0710 of the Revised Code at least once  75
annually to all students in the sixth grade.  76
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As Introduced
       (6) Administer the assessments prescribed under division  77
(A)(1)(e) of section 3301.0710 of the Revised Code at least once  78
annually to all students in the seventh grade.  79
       (7) Administer the assessments prescribed under division  80
(A)(1)(f) of section 3301.0710 of the Revised Code at least once  81
annually to all students in the eighth grade.  82
       (8) Except as provided in division (B)(9) of this section,  83
administer any assessment prescribed under division (B)(1) of  84
section 3301.0710 of the Revised Code as follows:  85
       (a) At least once annually to all tenth grade students and  86
at least twice annually to all students in eleventh or twelfth  87
grade who have not yet attained the score on that assessment  88
designated under that division;  89
       (b) To any person who has successfully completed the  90
curriculum in any high school or the individualized education  91
program developed for the person by any high school pursuant to  92
section 3323.08 of the Revised Code but has not received a high  93
school diploma and who requests to take such assessment, at any  94
time such assessment is administered in the district.  95
       (9) In lieu of the board of education of any city, local,  96
or exempted village school district in which the student is also  97
enrolled, the board of a joint vocational school district shall  98
administer any assessment prescribed under division (B)(1) of  99
section 3301.0710 of the Revised Code at least twice annually to  100
any student enrolled in the joint vocational school district who  101
has not yet attained the score on that assessment designated  102
under that division. A board of a joint vocational school  103
district may also administer such an assessment to any student  104
described in division (B)(8)(b) of this section.  105
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       (10) If the district has a three-year average graduation  106
rate of not more than seventy-five per cent, administer each  107
assessment prescribed by division (D) of section 3301.0710 of  108
the Revised Code in September to all ninth grade students who  109
entered ninth grade prior to July 1, 2014.  110
       Except as provided in section 3313.614 of the Revised Code  111
for administration of an assessment to a person who has  112
fulfilled the curriculum requirement for a high school diploma  113
but has not passed one or more of the required assessments, the  114
assessments prescribed under division (B)(1) of section  115
3301.0710 of the Revised Code shall not be administered after  116
the date specified in the rules adopted under division (D)(1) of  117
section 3301.0712 of the Revised Code.  118
       (11)(a) Except as provided in divisions (B)(11)(b) and (c)  119
of this section, administer the assessments prescribed by  120
division (B)(2) of section 3301.0710 and section 3301.0712 of  121
the Revised Code in accordance with the timeline and plan for  122
implementation of those assessments prescribed by rule adopted  123
under division (D)(1) of section 3301.0712 of the Revised Code;  124
       (b) A student who has presented evidence to the district  125
or school of having satisfied the condition prescribed by  126
division (A)(1) of section 3313.618 of the Revised Code to  127
qualify for a high school diploma prior to the date of the  128
administration of the assessment prescribed under division (B)  129
(1) of section 3301.0712 of the Revised Code shall not be  130
required to take that assessment. However, no board shall  131
prohibit a student who is not required to take such assessment  132
from taking the assessment.  133
       (c) A student shall not be required to retake the Algebra  134
I end-of-course examination or the English language arts II end-  135
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As Introduced
of-course examination prescribed under division (B)(2) of  136
section 3301.0712 of the Revised Code in grades nine through  137
twelve if the student demonstrates at least a proficient level  138
of skill, as prescribed under division (B)(5)(a) of that  139
section, or achieves a competency score, as prescribed under  140
division (B)(10) of that section, in an administration of the  141
examination prior to grade nine.  142
       (C)(1)(a) In the case of a student receiving special  143
education services under Chapter 3323. of the Revised Code, the  144
individualized education program developed for the student under  145
that chapter shall specify the manner in which the student will  146
participate in the assessments administered under this section,  147
except that a student with significant cognitive disabilities to  148
whom an alternate assessment is administered in accordance with  149
division (C)(1) of this section and a student determined to have  150
a disability that includes an intellectual disability as  151
outlined in guidance issued by the department shall not be  152
required to take the assessment prescribed under division (B)(1)  153
of section 3301.0712 of the Revised Code. The individualized  154
education program may excuse the student from taking any  155
particular assessment required to be administered under this  156
section if it instead specifies an alternate assessment method  157
approved by the department as conforming to requirements of  158
federal law for receipt of federal funds for disadvantaged  159
pupils. To the extent possible, the individualized education  160
program shall not excuse the student from taking an assessment  161
unless no reasonable accommodation can be made to enable the  162
student to take the assessment. No board shall prohibit a  163
student who is not required to take an assessment under division  164
(C)(1) of this section from taking the assessment.  165
       (b) Any alternate assessment approved by the department  166
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for a student under this division shall produce measurable  167
results comparable to those produced by the assessment it  168
replaces in order to allow for the student's results to be  169
included in the data compiled for a school district or building  170
under section 3302.03 of the Revised Code.  171
       (c)(i) Any student enrolled in a chartered nonpublic  172
school who has been identified, based on an evaluation conducted  173
in accordance with section 3323.03 of the Revised Code or  174
section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355,  175
29 U.S.C.A. 794, as amended, as a child with a disability shall  176
be excused from taking any particular assessment required to be  177
administered under this section if either of the following  178
apply:  179
       (I) A plan developed for the student pursuant to rules  180
adopted by the department excuses the student from taking that  181
assessment.  182
       (II) The chartered nonpublic school develops a written  183
plan in which the school, in consultation with the student's  184
parents, determines that an assessment or alternative assessment  185
with accommodations does not accurately assess the student's  186
academic performance. The plan shall include an academic profile  187
of the student's academic performance and shall be reviewed  188
annually to determine if the student's needs continue to require  189
excusal from taking the assessment.  190
       (ii) A student with significant cognitive disabilities to  191
whom an alternate assessment is administered in accordance with  192
division (C)(1) of this section and a student determined to have  193
a disability that includes an intellectual disability as  194
outlined in guidance issued by the department shall not be  195
required to take the assessment prescribed under division (B)(1)  196
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of section 3301.0712 of the Revised Code.  197
       (iii) In the case of any student so excused from taking an  198
assessment under division (C)(1)(c) of this section, the  199
chartered nonpublic school shall not prohibit the student from  200
taking the assessment.  201
       (2) A district board may, for medical reasons or other  202
good cause, excuse a student from taking an assessment  203
administered under this section on the date scheduled, but that  204
assessment shall be administered to the excused student not  205
later than nine days following the scheduled date. The district  206
board shall annually report the number of students who have not  207
taken one or more of the assessments required by this section to  208
the department not later than the thirtieth day of June.  209
       (3) No school district board shall excuse any English  210
learner from taking any particular assessment required to be  211
administered under this section, except that any English learner  212
who has been enrolled in United States schools for less than two  213
years and for whom no appropriate accommodations are available  214
based on guidance issued by the department shall not be required  215
to take the assessment prescribed under division (B)(1) of  216
section 3301.0712 of the Revised Code.  217
       However, no board shall prohibit an English learner who is  218
not required to take that assessment from taking the assessment.  219
       A board may permit any English learner to take an  220
assessment required to be administered under this section with  221
appropriate accommodations, as determined by the department.  222
       For each English learner, each school district shall  223
annually assess that student's progress in learning English, in  224
accordance with procedures approved by the department.  225
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        The guidance and procedures issued by the department for  226
the purposes of division (C)(3) of this section shall comply  227
with the rules adopted under section 3301.0731 of the Revised  228
Code.  229
        (4)(a) The governing authority of a chartered nonpublic  230
school may excuse an English learner from taking any assessment  231
administered under this section.  232
        (b) No governing authority shall require an English  233
learner who has been enrolled in United States schools for less  234
than two years and for whom no appropriate accommodations are  235
available based on guidance issued by the department to take the  236
assessment prescribed under division (B)(1) of section 3301.0712  237
of the Revised Code.  238
        (c) No governing authority shall prohibit an English  239
learner from taking an assessment from which the student was  240
excused under division (C)(4) of this section.  241
        (D)(1) In the school year next succeeding the school year  242
in which the assessments prescribed by division (A)(1) or (B)(1)  243
of section 3301.0710 of the Revised Code or former division (A)  244
(1), (A)(2), or (B) of section 3301.0710 of the Revised Code as  245
it existed prior to September 11, 2001, are administered to any  246
student, the board of education of any school district in which  247
the student is enrolled in that year shall provide to the  248
student intervention services commensurate with the student's  249
performance, including any intensive intervention required under  250
section 3313.608 of the Revised Code, in any skill in which the  251
student failed to demonstrate at least a score at the proficient  252
level on the assessment.  253
        (2) Following any administration of the assessments  254
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prescribed by division (D) of section 3301.0710 of the Revised  255
Code to ninth grade students, each school district that has a  256
three-year average graduation rate of not more than seventy-five  257
per cent shall determine for each high school in the district  258
whether the school shall be required to provide intervention  259
services to any students who took the assessments. In  260
determining which high schools shall provide intervention  261
services based on the resources available, the district shall  262
consider each school's graduation rate and scores on the  263
practice assessments. The district also shall consider the  264
scores received by ninth grade students on the English language  265
arts and mathematics assessments prescribed under division (A)  266
(1)(f) of section 3301.0710 of the Revised Code in the eighth  267
grade in determining which high schools shall provide  268
intervention services.  269
       Each high school selected to provide intervention services  270
under this division shall provide intervention services to any  271
student whose results indicate that the student is failing to  272
make satisfactory progress toward being able to attain scores at  273
the proficient level on the Ohio graduation tests. Intervention  274
services shall be provided in any skill in which a student  275
demonstrates unsatisfactory progress and shall be commensurate  276
with the student's performance. Schools shall provide the  277
intervention services prior to the end of the school year,  278
during the summer following the ninth grade, in the next  279
succeeding school year, or at any combination of those times.  280
       (E) Except as provided in section 3313.608 of the Revised  281
Code and division (N) of this section, no school district board  282
of education shall utilize any student's failure to attain a  283
specified score on an assessment administered under this section  284
as a factor in any decision to deny the student promotion to a  285
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As Introduced
higher grade level. However, a district board may choose not to  286
promote to the next grade level any student who does not take an  287
assessment administered under this section or make up an  288
assessment as provided by division (C)(2) of this section and  289
who is not exempt from the requirement to take the assessment  290
under division (C)(3) of this section.  291
       (F) No person shall be charged a fee for taking any  292
assessment administered under this section.  293
       (G)(1) Each school district board shall designate one  294
location for the collection of assessments administered in the  295
spring under division (B)(1) of this section and those  296
administered under divisions (B)(2) to (7) of this section. Each  297
district board shall submit the assessments to the entity with  298
which the department contracts for the scoring of the  299
assessments as follows:  300
       (a) If the district's total enrollment in grades  301
kindergarten through twelve during the first full school week of  302
October was less than two thousand five hundred, not later than  303
the Friday after all of the assessments have been administered;  304
       (b) If the district's total enrollment in grades  305
kindergarten through twelve during the first full school week of  306
October was two thousand five hundred or more, but less than  307
seven thousand, not later than the Monday after all of the  308
assessments have been administered;  309
       (c) If the district's total enrollment in grades  310
kindergarten through twelve during the first full school week of  311
October was seven thousand or more, not later than the Tuesday  312
after all of the assessments have been administered.  313
       However, any assessment that a student takes during the  314
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As Introduced
make-up period described in division (C)(2) of this section  315
shall be submitted not later than the Friday following the day  316
the student takes the assessment.  317
       (2) The department or an entity with which the department  318
contracts for the scoring of the assessment shall send to each  319
school district board a list of the individual scores of all  320
persons taking a state achievement assessment as follows:  321
       (a) Except as provided in division (G)(2)(b) or (c) of  322
this section, within forty-five days after the administration of  323
the assessments prescribed by sections 3301.0710 and 3301.0712  324
of the Revised Code, but in no case shall the scores be returned  325
later than the thirtieth day of June following the  326
administration;  327
       (b) In the case of the third-grade English language arts  328
assessment, within forty-five days after the administration of  329
that assessment, but in no case shall the scores be returned  330
later than the fifteenth day of June following the  331
administration;  332
       (c) In the case of the writing component of an assessment  333
or end-of-course examination in the area of English language  334
arts, except for the third-grade English language arts  335
assessment, the results may be sent after forty-five days of the  336
administration of the writing component, but in no case shall  337
the scores be returned later than the thirtieth day of June  338
following the administration.  339
       (3) For assessments administered under this section by a  340
joint vocational school district, the department or entity shall  341
also send to each city, local, or exempted village school  342
district a list of the individual scores of any students of such  343
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city, local, or exempted village school district who are  344
attending school in the joint vocational school district.  345
       (4) Beginning with the 2019-2020 school year, a school  346
district, other public school, or chartered nonpublic school may  347
administer the third-grade English language arts or mathematics  348
assessment, or both, in a paper format in any school year for  349
which the district board of education or school governing body  350
adopts a resolution indicating that the district or school  351
chooses to administer the assessment in a paper format. The  352
board or governing body shall submit a copy of the resolution to  353
the department of education and workforce not later than the  354
first day of May prior to the school year for which it will  355
apply. If the resolution is submitted, the district or school  356
shall administer the assessment in a paper format to all  357
students in the third grade, except that any student whose  358
individualized education program or plan developed under section  359
504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.  360
794, as amended, specifies that taking the assessment in an  361
online format is an appropriate accommodation for the student  362
may take the assessment in an online format.  363
       (5) A classical school may administer all assessments  364
administered under this section in a paper format, except that  365
any student whose individualized education program or plan  366
developed under section 504 of the "Rehabilitation Act of 1973,"  367
29 U.S.C. 794 specifies that taking the assessment in an online  368
format is an appropriate accommodation for the student may take  369
the assessment in an online format.  370
       (H) Individual scores on any assessments administered  371
under this section shall be released by a district board only in  372
accordance with section 3319.321 of the Revised Code and the  373
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As Introduced
rules adopted under division (A) of this section. No district  374
board or its employees shall utilize individual or aggregate  375
results in any manner that conflicts with rules for the ethical  376
use of assessments adopted pursuant to division (A) of this  377
section.  378
       (I) Except as provided in division (G) of this section,  379
the department or an entity with which the department contracts  380
for the scoring of the assessment shall not release any  381
individual scores on any assessment administered under this  382
section. The department shall adopt rules to ensure the  383
protection of student confidentiality at all times. The rules  384
may require the use of the data verification codes assigned to  385
students pursuant to division (D)(2) of section 3301.0714 of the  386
Revised Code to protect the confidentiality of student scores.  387
       (J) Notwithstanding division (D) of section 3311.52 of the  388
Revised Code, this section does not apply to the board of  389
education of any cooperative education school district except as  390
provided under rules adopted pursuant to this division.  391
       (1) In accordance with rules that the department shall  392
adopt, the board of education of any city, exempted village, or  393
local school district with territory in a cooperative education  394
school district established pursuant to divisions (A) to (C) of  395
section 3311.52 of the Revised Code may enter into an agreement  396
with the board of education of the cooperative education school  397
district for administering any assessment prescribed under this  398
section to students of the city, exempted village, or local  399
school district who are attending school in the cooperative  400
education school district.  401
       (2) In accordance with rules that the department shall  402
adopt, the board of education of any city, exempted village, or  403
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As Introduced
local school district with territory in a cooperative education  404
school district established pursuant to section 3311.521 of the  405
Revised Code shall enter into an agreement with the cooperative  406
district that provides for the administration of any assessment  407
prescribed under this section to both of the following:  408
       (a) Students who are attending school in the cooperative  409
district and who, if the cooperative district were not  410
established, would be entitled to attend school in the city,  411
local, or exempted village school district pursuant to section  412
3313.64 or 3313.65 of the Revised Code;  413
       (b) Persons described in division (B)(8)(b) of this  414
section.  415
       Any assessment of students pursuant to such an agreement  416
shall be in lieu of any assessment of such students or persons  417
pursuant to this section.  418
       (K)(1)(a) Except as otherwise provided in division (K)(1)  419
or (2) of this section, each chartered nonpublic school for  420
which at least sixty-five per cent of its total enrollment is  421
made up of students who are participating in state scholarship  422
programs shall administer the assessments prescribed by division  423
(A) of section 3301.0710 of the Revised Code or an alternative  424
standardized assessment determined by the department. In  425
accordance with procedures and deadlines prescribed by the  426
department, the parent or guardian of a student enrolled in the  427
school who is not participating in a state scholarship program  428
may submit notice to the chief administrative officer of the  429
school that the parent or guardian does not wish to have the  430
student take the assessments prescribed for the student's grade  431
level under division (A) of section 3301.0710 of the Revised  432
Code. If a parent or guardian submits an opt-out notice, the  433
S. B. No. 443  Page 16
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school shall not administer the assessments to that student.  434
This option does not apply to any assessment required for a high  435
school diploma under section 3313.612 of the Revised Code.  436
       (b) Any chartered nonpublic school that enrolls students  437
who are participating in state scholarship programs may  438
administer an alternative standardized assessment determined by  439
the department instead of the assessments prescribed by division  440
(A) of section 3301.0710 of the Revised Code to any student who  441
satisfies one of the following conditions:  442
       (i) The student is participating in the autism scholarship  443
program established under section 3310.41 of the Revised Code.  444
       (ii) The student is participating in the Jon Peterson  445
special needs scholarship program established under sections  446
3310.51 to 3310.64 of the Revised Code.  447
       (iii) The student is not participating in a state  448
scholarship program.  449
       Each chartered nonpublic school subject to division (K)(1)  450
(a) or (b) of this section shall report the results of each  451
assessment administered under those divisions to the department.  452
       (2) A chartered nonpublic school may submit to the  453
director of education and workforce a request for a waiver from  454
administering the elementary assessments prescribed by division  455
(A) of section 3301.0710 of the Revised Code. The director shall  456
approve or disapprove a request for a waiver submitted under  457
division (K)(2) of this section.  458
       To be eligible to submit a request for a waiver, a  459
chartered nonpublic school shall meet the following conditions:  460
       (a) At least ninety-five per cent of the students enrolled  461
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in the school are children with disabilities, as defined under  462
section 3323.01 of the Revised Code, or have received a  463
diagnosis by a school district or from a physician, including a  464
neuropsychiatrist or psychiatrist, or a psychologist who is  465
authorized to practice in this or another state as having a  466
condition that impairs academic performance, such as dyslexia,  467
dyscalculia, attention deficit hyperactivity disorder, or  468
Asperger's syndrome.  469
       (b) The school has solely served a student population  470
described in division (K)(1)(a) of this section for at least ten  471
years.  472
       (c) The school provides to the department at least five  473
years of records of internal testing conducted by the school  474
that affords the department data required for accountability  475
purposes, including diagnostic assessments and nationally  476
standardized norm-referenced achievement assessments that  477
measure reading and math skills.  478
       (3) Any chartered nonpublic school that is not subject to  479
division (K)(1) of this section may participate in the  480
assessment program by administering any of the assessments  481
prescribed by division (A) of section 3301.0710 of the Revised  482
Code. The chief administrator of the school shall specify which  483
assessments the school will administer. Such specification shall  484
be made in writing to the director prior to the first day of  485
August of any school year in which assessments are administered  486
and shall include a pledge that the nonpublic school will  487
administer the specified assessments in the same manner as  488
public schools are required to do under this section and rules  489
adopted by the department.  490
       (4) The department shall furnish the assessments  491
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As Introduced
prescribed by section 3301.0710 of the Revised Code to each  492
chartered nonpublic school that is subject to division (K)(1) of  493
this section or participates under division (K)(3) of this  494
section.  495
       (L) If a chartered nonpublic school is educating students  496
in grades nine through twelve, the following shall apply:  497
       (1) Except as provided in division (L)(4) of this section,  498
for a student who is enrolled in a chartered nonpublic school  499
that is accredited through the independent schools association  500
of the central states and who is attending the school under a  501
state scholarship program that is not a general education state  502
scholarship program, the student shall either take all of the  503
assessments prescribed by division (B) of section 3301.0712 of  504
the Revised Code or take an alternative assessment approved by  505
the department under section 3313.619 of the Revised Code. A  506
student attending the school under a general education state  507
scholarship program shall take all of the assessments prescribed  508
under division (B) of section 3301.0712 of the Revised Code.  509
However, a student who is excused from taking an assessment  510
under division (C) of this section or has presented evidence to  511
the chartered nonpublic school of having satisfied the condition  512
prescribed by division (A)(1) of section 3313.618 of the Revised  513
Code to qualify for a high school diploma prior to the date of  514
the administration of the assessment prescribed under division  515
(B)(1) of section 3301.0712 of the Revised Code shall not be  516
required to take that assessment. No governing authority of a  517
chartered nonpublic school shall prohibit a student who is not  518
required to take such assessment from taking the assessment.  519
       (2) For a student who is enrolled in a chartered nonpublic  520
school that is accredited through the independent schools  521
S. B. No. 443  Page 19
As Introduced
association of the central states, and who is not attending the  522
school under a state scholarship program, the student shall not  523
be required to take any assessment prescribed under section  524
3301.0712 or 3313.619 of the Revised Code.  525
       (3)(a) Except as provided in divisions (L)(3)(b) and (4)  526
of this section, for a student who is enrolled in a chartered  527
nonpublic school that is not accredited through the independent  528
schools association of the central states, regardless of whether  529
either of the following apply to that student:  530
       (i) If the student is attending or is not attending the  531
school under a state participating in a general education state  532
scholarship program, the student shall take all of the  533
assessments prescribed by division (B) of section 3301.0712 of  534
the Revised Code.  535
       (ii) If the student is not participating in a general  536
education state scholarship program, the student shall do one of  537
the following:  538
       (i)(I) Take all of the assessments prescribed by division  539
(B) of section 3301.0712 of the Revised Code;  540
       (ii)(II) Take only the assessment prescribed by division  541
(B)(1) of section 3301.0712 of the Revised Code, provided that  542
the student's school publishes the results of that assessment  543
for each graduating class. The published results of that  544
assessment shall include the overall composite scores, mean  545
scores, twenty-fifth percentile scores, and seventy-fifth  546
percentile scores for each subject area of the assessment.  547
       (iii)(III) Take an alternative assessment approved by the  548
department under section 3313.619 of the Revised Code.  549
       (b) A student who is excused from taking an assessment  550
S. B. No. 443  Page 20
As Introduced
under division (C) of this section or has presented evidence to  551
the chartered nonpublic school of having satisfied the condition  552
prescribed by division (A)(1) of section 3313.618 of the Revised  553
Code to qualify for a high school diploma prior to the date of  554
the administration of the assessment prescribed under division  555
(B)(1) of section 3301.0712 of the Revised Code shall not be  556
required to take that assessment. No governing authority of a  557
chartered nonpublic school shall prohibit a student who is not  558
required to take such assessment from taking the assessment.  559
       (4) The assessments prescribed by sections 3301.0712 and  560
3313.619 of the Revised Code shall not be administered to any  561
student attending the school, if the school meets all of the  562
following conditions:  563
       (a) At least ninety-five per cent of the students enrolled  564
in the school are children with disabilities, as defined under  565
section 3323.01 of the Revised Code, or have received a  566
diagnosis by a school district or from a physician, including a  567
neuropsychologist or psychiatrist, or a psychologist who is  568
authorized to practice in this or another state as having a  569
condition that impairs academic performance, such as dyslexia,  570
dyscalculia, attention deficit hyperactivity disorder, or  571
Asperger's syndrome.  572
       (b) The school has solely served a student population  573
described in division (L)(4)(a) of this section for at least ten  574
years.  575
       (c) The school makes available to the department at least  576
five years of records of internal testing conducted by the  577
school that affords the department data required for  578
accountability purposes, including growth in student achievement  579
in reading or mathematics, or both, as measured by nationally  580
S. B. No. 443  Page 21
As Introduced
norm-referenced assessments that have developed appropriate  581
standards for students.  582
       Division (L)(4) of this section applies to any student  583
attending such school regardless of whether the student receives  584
special education or related services and regardless of whether  585
the student is attending the school under a state scholarship  586
program.  587
       (M)(1) The superintendent of Ohio deaf and blind education  588
services shall administer the assessments described by sections  589
3301.0710 and 3301.0712 of the Revised Code for the state school  590
for the blind and the state school for the deaf. The  591
superintendent of Ohio deaf and blind education services shall  592
administer the assessments in the same manner as district boards  593
are required to do under this section and rules adopted by the  594
department and in conformity with division (C)(1)(a) of this  595
section.  596
       (2) The department shall furnish the assessments described  597
by sections 3301.0710 and 3301.0712 of the Revised Code to the  598
superintendent of Ohio deaf and blind education services.  599
       (N) Notwithstanding division (E) of this section, a school  600
district may use a student's failure to attain a score in at  601
least the proficient range on the mathematics assessment  602
described by division (A)(1)(a) of section 3301.0710 of the  603
Revised Code or on an assessment described by division (A)(1)  604
(b), (c), (d), (e), or (f) of section 3301.0710 of the Revised  605
Code as a factor in retaining that student in the current grade  606
level.  607
       (O)(1) In the manner specified in divisions (O)(3) and (4)  608
of this section, the assessments required by division (A)(1) of  609
S. B. No. 443  Page 22
As Introduced
section 3301.0710 of the Revised Code shall become public  610
records pursuant to section 149.43 of the Revised Code on the  611
thirty-first day of July following the school year that the  612
assessments were administered.  613
       (2) The department may field test proposed questions with  614
samples of students to determine the validity, reliability, or  615
appropriateness of questions for possible inclusion in a future  616
year's assessment. The department also may use anchor questions  617
on assessments to ensure that different versions of the same  618
assessment are of comparable difficulty.  619
       Field test questions and anchor questions shall not be  620
considered in computing scores for individual students. Field  621
test questions and anchor questions may be included as part of  622
the administration of any assessment required by division (A)(1)  623
or (B) of section 3301.0710 and division (B) of section  624
3301.0712 of the Revised Code.  625
       (3) Any field test question or anchor question  626
administered under division (O)(2) of this section shall not be  627
a public record. Such field test questions and anchor questions  628
shall be redacted from any assessments which are released as a  629
public record pursuant to division (O)(1) of this section.  630
       (4) Division (O)(4) of this section applies to the  631
assessments prescribed by division (A) of section 3301.0710 and  632
division (B)(2) of section 3301.0712 of the Revised Code.  633
       Beginning with the assessments administered in the spring  634
of the 2025-2026 school year, the department shall determine  635
which questions on each assessment that are used to compute a  636
student's score are a public record, if any. The department  637
shall determine which questions will be needed for reuse on a  638
S. B. No. 443  Page 23
As Introduced
future assessment and those questions shall not be public  639
records and shall be redacted from the assessment prior to its  640
release as a public record. However, for each redacted question,  641
the department shall inform each city, local, and exempted  642
village school district of the corresponding statewide academic  643
standard adopted under section 3301.079 of the Revised Code and  644
the corresponding benchmark to which the question relates. The  645
department is not required to provide corresponding standards  646
and benchmarks to field test questions that are redacted under  647
division (O)(3) of this section.  648
       (P) As used in this section:  649
       (1) "Three-year average" means the average of the most  650
recent consecutive three school years of data.  651
       (2) "Dropout" means a student who withdraws from school  652
before completing course requirements for graduation and who is  653
not enrolled in an education program approved by the department  654
or an education program outside the state. "Dropout" does not  655
include a student who has departed the country.  656
       (3) "Graduation rate" means the ratio of students  657
receiving a diploma to the number of students who entered ninth  658
grade four years earlier. Students who transfer into the  659
district are added to the calculation. Students who transfer out  660
of the district for reasons other than dropout are subtracted  661
from the calculation. If a student who was a dropout in any  662
previous year returns to the same school district, that student  663
shall be entered into the calculation as if the student had  664
entered ninth grade four years before the graduation year of the  665
graduating class that the student joins.  666
       (4) "State scholarship programs" means the educational  667
S. B. No. 443  Page 24
As Introduced
choice scholarship pilot program established under sections  668
3310.01 to 3310.17 of the Revised Code, the autism scholarship  669
program established under section 3310.41 of the Revised Code,  670
the Jon Peterson special needs scholarship program established  671
under sections 3310.51 to 3310.64 of the Revised Code, and the  672
pilot project scholarship program established under sections  673
3313.974 to 3313.979 of the Revised Code.  674
       (5) "Other public school" means a community school  675
established under Chapter 3314., a STEM school established under  676
Chapter 3326., or a college-preparatory boarding school  677
established under Chapter 3328. of the Revised Code.  678
       (6) "English learner" has the same meaning as in section  679
3301.0731 of the Revised Code.  680
       (7) "Classical school" means a community school  681
established under Chapter 3314. of the Revised Code that is a  682
member of the Ohio classical school association, or its  683
successor organization, and uses a curriculum substantially  684
similar to that of a nationally recognized classical school  685
network.  686
       (8) "General education state scholarship program" has the  687
same meaning as in section 3301.165 of the Revised Code.  688
       Sec. 3301.165. (A) As used in this section:  689
       (1) "General education state scholarship program" means  690
the educational choice scholarship pilot program established  691
under sections 3310.01 to 3310.17 of the Revised Code or the  692
pilot project scholarship program established under sections  693
3313.974 to 3313.979 of the Revised Code.  694
       (2) "Information technology center" means an information  695
technology center established under section 3301.075 of the  696
S. B. No. 443  Page 25
As Introduced
Revised Code.  697
       (3) "Scholarship student" means a student who is  698
participating in a general education state scholarship program.  699
       (B) Annually, each chartered nonpublic school that enrolls  700
scholarship students shall submit to the department of education  701
and workforce, in a form and manner prescribed by the  702
department, a report regarding expenditures the school made  703
using the state funds it received under a general education  704
state scholarship program in that school year. The department  705
shall post each report it receives on its publicly accessible  706
web site.  707
       A chartered nonpublic school may contract with an  708
information technology center for assistance with complying with  709
the reporting requirement prescribed under this division.  710
       Sec. 3301.166. (A) As used in this section:  711
       (1) "Community school" means a community school  712
established under Chapter 3314. of the Revised Code.  713
       (2) "Qualifying school" means a chartered nonpublic school  714
of which at least ten per cent of its total enrollment is made  715
up of scholarship students.  716
       (3) "Scholarship student" has the same meaning as in  717
section 3301.165 of the Revised Code.  718
       (4) "STEM school" means a STEM school established under  719
Chapter 3326. of the Revised Code.  720
       (B) Each chartered nonpublic school that enrolls  721
scholarship students shall include in its admission procedure a  722
method to determine which students to admit if the number of  723
applicants for a grade level, school building, or education  724
S. B. No. 443  Page 26
As Introduced
program exceeds the school's capacity. Each school shall report  725
to the department of education and workforce, in a form and  726
manner established by the department, its method for such  727
determinations.  728
       (C) Annually, each qualifying school shall do all of the  729
following:  730
       (1) Report to the department, in a form and manner  731
established by the department, all of the following for the  732
school year:  733
       (a) The school's total enrollment and its capacity limits  734
by grade level, school building, and education program;  735
       (b) The number of scholarship students enrolled in the  736
school. The department also shall disaggregate that number of  737
students by whether, in the prior school year, the students were  738
enrolled in one of the following:  739
       (i) That school;  740
       (ii) A different chartered nonpublic school;  741
       (iii) A nonchartered nonpublic school;  742
       (iv) A municipal, city, local, or exempted village school  743
district;  744
       (v) A community school;  745
       (vi) A STEM school;  746
       (vii) If the student was not enrolled in a district or  747
school in the prior school year, whether either of the following  748
apply to the student:  749
       (I) The student, in the prior school year, was exempted  750
from attendance at school for the purpose of home education  751
S. B. No. 443  Page 27
As Introduced
under section 3321.042 of the Revised Code.  752
       (II) The student, in the current school year, is enrolling  753
in school in this state for the first time.  754
       (c) The number of scholarship students enrolled in the  755
school for each of the five most recent school years;  756
       (d) The number of enrolled students with disabilities,  757
disaggregated by disability category as described in section  758
3317.013 of the Revised Code;  759
       (e) The number of enrolled students who are English  760
learners, as defined in section 3301.0731 of the Revised Code;  761
       (f) The number of enrolled students who are homeless;  762
       (g) The number of students who left the school in the  763
prior school year without completing the school year or the  764
student's planned course of study and that number presented as a  765
percentage of the school's total enrolled students;  766
       (h) The tuition and fees charged by the school and a five-  767
year cost trend of those charges;  768
       (i) Services the school offers for students with  769
individualized education programs developed under Chapter 3323.  770
of the Revised Code or plans developed under Section 504 of the  771
"Rehabilitation Act of 1973," 29 U.S.C. 794;  772
       (j) Any religious or faith-based instruction provided by  773
the school;  774
       (k) The name of the school's accrediting body, if any, and  775
the school's most recent accreditation or evaluation report.  776
       (2) Publish the information it reports to the department  777
under divisions (C)(1)(b), (c), and (h) of this section on the  778
S. B. No. 443  Page 28
As Introduced
school's publicly accessible web site;  779
       (3) Certify to the department its compliance with the  780
criminal records check requirements for school employees  781
established under Chapter 3319. of the Revised Code.  782
       (D) Each qualifying school shall submit a weekly report to  783
the department on the attendance of enrolled scholarship  784
students.  785
       Sec. 3301.167. (A) As used in this section:  786
       (1) "Adjusted gross income" has the same meaning as in  787
section 5747.01 of the Revised Code.  788
       (2) "Federal poverty guidelines" has the same meaning as  789
in section 5101.46 of the Revised Code.  790
       (3) "Community school" means a community school  791
established under Chapter 3314. of the Revised Code.  792
       (4) "Scholarship student" has the same meaning as in  793
section 3301.165 of the Revised Code.  794
       (5) "STEM school" means a STEM school established under  795
Chapter 3326. of the Revised Code.  796
       (B) The department of education and workforce shall  797
establish a system by which an individual may compare the  798
performance data of scholarship students enrolled in a chartered  799
nonpublic school with the performance data of similar students  800
enrolled in the school district in which the school is located.  801
The department shall make the system available on its publicly  802
accessible web site.  803
       In calculating the performance of similar students under  804
this section, the department shall consider age, grade, race and  805
S. B. No. 443  Page 29
As Introduced
ethnicity, gender, and socioeconomic status.  806
       (C)(1) Annually, the department shall post on its publicly  807
accessible web site the number of scholarship students  808
disaggregated according to the following categories:  809
       (a) Students with a family adjusted gross income at or  810
below two hundred per cent of the federal poverty guidelines;  811
       (b) Students with a family adjusted gross income above two  812
hundred per cent of the federal poverty guidelines, but at or  813
below four hundred fifty per cent of the federal poverty  814
guidelines;  815
       (c) Students with a family adjusted gross income above  816
four hundred fifty per cent of the federal poverty guidelines,  817
but at or below five hundred per cent of the federal poverty  818
guidelines;  819
       (d) Students with a family adjusted gross income above  820
five hundred per cent of the federal poverty guidelines, but at  821
or below five hundred fifty per cent of the federal poverty  822
guidelines;  823
       (e) Students with a family adjusted gross income above  824
five hundred fifty per cent of the federal poverty guidelines,  825
but at or below six hundred per cent of the federal poverty  826
guidelines;  827
       (f) Students with a family adjusted gross income above six  828
hundred per cent of the federal poverty guidelines, but at or  829
below six hundred fifty per cent of the federal poverty  830
guidelines;  831
       (g) Students with a family adjusted gross income above six  832
hundred fifty per cent of the federal poverty guidelines, but at  833
S. B. No. 443  Page 30
As Introduced
or below seven hundred per cent of the federal poverty  834
guidelines;  835
       (h) Students with a family adjusted gross income above  836
seven hundred per cent of the federal poverty guidelines, but at  837
or below seven hundred fifty per cent of the federal poverty  838
guidelines;  839
       (i) Students with a family adjusted gross income above  840
seven hundred fifty per cent of the federal poverty guidelines.  841
       The department may disaggregate data under division (C)(1)  842
of this section according to other categories that the  843
department determines are appropriate.  844
       (2) The department of education and workforce shall  845
request from the department of taxation any data necessary for  846
the department of education and workforce to compute and post  847
data as required under division (C)(1) of this section.  848
       Sec. 3302.0311. As used in this section, "qualifying  849
school" has the same meaning as in section 3301.166 of the  850
Revised Code,  851
       The department of education and workforce shall establish  852
a report card for qualifying schools. To the extent practicable,  853
the department shall make that report card similar to the report  854
card issued under section 3302.03 of the Revised Code. The  855
department annually shall issue a report card for each  856
qualifying school not later than the fifteenth day of September  857
or the preceding Friday when that day falls on Saturday or  858
Sunday. The department shall include in the report card issued  859
for a qualifying school the reports the school is required to  860
make to the department under sections 3301.165 and 3301.166 of  861
the Revised Code.  862
S. B. No. 443  Page 31
As Introduced
       Sec. 3310.03. For the 2021-2022 school year and each  863
school year thereafter, subject to division (G) of this section,  864
a student is an "eligible student" for purposes of the  865
educational choice scholarship pilot program if the student's  866
resident district is not a school district in which the pilot  867
project scholarship program is operating under sections 3313.974  868
to 3313.979 of the Revised Code, the student satisfies one of  869
the conditions in division (A), (B), or (C) of this section, and  870
the student maintains eligibility to receive a scholarship under  871
division (D) of this section.  872
       However, any student who received a scholarship for the  873
2020-2021 school year under this section, as it existed prior to  874
March 2, 2021, shall continue to receive that scholarship until  875
the student completes grade twelve, as long as the student  876
maintains eligibility to receive a scholarship under division  877
(D) of this section.  878
       (A)(1) A student is eligible for a scholarship if the  879
student is enrolled in a school building operated by the  880
student's resident district and to which both of the following  881
apply:  882
       (a) The building was ranked in the lowest twenty per cent  883
of all buildings operated by city, local, and exempted village  884
school districts according to performance index score as  885
determined by the department of education and workforce, as  886
follows:  887
       (i) For a scholarship sought for the 2021-2022 or 2022-  888
2023 school year, the building was ranked in the lowest twenty  889
per cent of buildings for each of the 2017-2018 and 2018-2019  890
school years.  891
S. B. No. 443  Page 32
As Introduced
       (ii) For a scholarship sought for the 2023-2024 school  892
year, the building was ranked in the lowest twenty per cent of  893
buildings for each of the 2018-2019 and 2021-2022 school years.  894
       (iii) For a scholarship sought for the 2024-2025 school  895
year, the building was ranked in the lowest twenty per cent of  896
buildings for each of the 2021-2022 and 2022-2023 school years.  897
       (iv) For a scholarship sought for the 2025-2026 school  898
year or any school year thereafter, the building was ranked in  899
the lowest twenty per cent of buildings for at least two of the  900
three most recent consecutive rankings issued prior to the first  901
day of July of the school year for which a scholarship is  902
sought.  903
       (b) The building is operated by a school district in  904
which, for the three consecutive school years prior to the  905
school year for which a scholarship is sought, an average of  906
twenty per cent or more of the students entitled to attend  907
school in the district, under section 3313.64 or 3313.65 of the  908
Revised Code, were qualified to be included in the formula to  909
distribute funds under Title I of the "Elementary and Secondary  910
Education Act of 1965," 20 U.S.C. 6301 et seq.  911
       When ranking school buildings under division (A)(1) of  912
this section, the department shall not include buildings  913
operated by a school district in which the pilot project  914
scholarship program is operating in accordance with sections  915
3313.974 to 3313.979 of the Revised Code.  916
       (2) A student is eligible for a scholarship if the student  917
will be enrolling in any of grades kindergarten through twelve  918
in this state for the first time in the school year for which a  919
scholarship is sought, will be at least five years of age, as  920
S. B. No. 443  Page 33
As Introduced
defined in section 3321.01 of the Revised Code, by the first day  921
of January of the school year for which a scholarship is sought,  922
and otherwise would be assigned under section 3319.01 of the  923
Revised Code in the school year for which a scholarship is  924
sought, to a school building described in division (A)(1) of  925
this section.  926
       (3) A student is eligible for a scholarship if the student  927
is enrolled in a community school established under Chapter  928
3314. of the Revised Code but otherwise would be assigned under  929
section 3319.01 of the Revised Code to a building described in  930
division (A)(1) of this section.  931
       (4) A student is eligible for a scholarship if the student  932
is enrolled in a school building operated by the student's  933
resident district or in a community school established under  934
Chapter 3314. of the Revised Code and otherwise would be  935
assigned under section 3319.01 of the Revised Code to a school  936
building described in division (A)(1) of this section in the  937
school year for which the scholarship is sought.  938
       (5) A student is eligible for a scholarship if the student  939
was enrolled in a public or nonpublic school or was homeschooled  940
in the prior school year and completed any of grades eight  941
through eleven in that school year and otherwise would be  942
assigned under section 3319.01 of the Revised Code to a school  943
building described in division (A)(1) of this section in the  944
school year for which the scholarship is sought.  945
       (B) A student is eligible for a scholarship if the student  946
is enrolled in a nonpublic school at the time the school is  947
granted a charter by the director of education and workforce  948
under section 3301.16 of the Revised Code and the student meets  949
the standards of division (B) of section 3310.031 of the Revised  950
S. B. No. 443  Page 34
As Introduced
Code.  951
        (C) A student is eligible for a scholarship if the  952
student's resident district is subject to section 3302.10 of the  953
Revised Code and the student either:  954
        (1) Is enrolled in a school building operated by the  955
resident district or in a community school established under  956
Chapter 3314. of the Revised Code;  957
        (2) Will be both enrolling in any of grades kindergarten  958
through twelve in this state for the first time and at least  959
five years of age by the first day of January of the school year  960
for which a scholarship is sought.  961
        (D) A student who receives a scholarship under the  962
educational choice scholarship pilot program remains an eligible  963
student and may continue to receive scholarships in subsequent  964
school years until the student completes grade twelve, so long  965
as all of the following apply:  966
        (1) The student's resident district remains the same, or  967
the student transfers to a new resident district and otherwise  968
would be assigned in the new resident district to a school  969
building described in division (A)(1) or (C) of this section.  970
        (2) The student takes each assessment prescribed for the  971
student's grade level under section 3301.0710, or 3301.0712, or  972
3313.619 of the Revised Code while enrolled in a chartered  973
nonpublic school, unless one of the following applies to the  974
student:  975
        (a) The student is excused from taking that assessment  976
under federal law, the student's individualized education  977
program, or division (C)(1)(c)(i) of section 3301.0711 of the  978
Revised Code.  979
S. B. No. 443  Page 35
As Introduced
       (b) The student is enrolled in a chartered nonpublic  980
school that meets the conditions specified in division (K)(2) or  981
(L)(4) of section 3301.0711 of the Revised Code.  982
       (c) The student is enrolled in any of grades three to  983
eight and takes an alternative standardized assessment under  984
division (K)(1) of section 3301.0711 of the Revised Code.  985
       (d) The student is excused from taking the assessment  986
prescribed under division (B)(1) of section 3301.0712 of the  987
Revised Code pursuant to division (C)(1)(c)(ii) of section  988
3301.0711 of the Revised Code.  989
       (3) In each school year that the student is enrolled in a  990
chartered nonpublic school, the student is absent from school  991
for not more than twenty days that the school is open for  992
instruction, not including excused absences.  993
       (E)(1) The department shall cease awarding first-time  994
scholarships pursuant to divisions (A)(1) to (5) of this section  995
with respect to a school building that, in the most recent  996
ratings of school buildings under section 3302.03 of the Revised  997
Code prior to the first day of July of the school year, ceases  998
to meet the criteria in division (A)(1) of this section.  999
       (2) The department shall cease awarding first-time  1000
scholarships pursuant to division (C) of this section with  1001
respect to a school district subject to section 3302.10 of the  1002
Revised Code when the academic distress commission established  1003
for the district ceases to exist.  1004
       (3) However, students who have received scholarships in  1005
the prior school year remain eligible students pursuant to  1006
division (D) of this section.  1007
       (F) The department shall adopt rules defining excused  1008
S. B. No. 443  Page 36
As Introduced
absences for purposes of division (D)(3) of this section.  1009
        (G) Notwithstanding anything to the contrary in this  1010
section or section 3310.031 of the Revised Code, a student shall  1011
not be required to be enrolled or enrolling in a school building  1012
operated by the student's resident district or a community  1013
school in order to be eligible for a scholarship, as follows:  1014
        (1) For a scholarship sought for the 2021-2022 school  1015
year, a student entering any of grades kindergarten through two;  1016
        (2) For a scholarship sought for the 2022-2023 school  1017
year, a student entering any of grades kindergarten through  1018
four;  1019
        (3) For a scholarship sought for the 2023-2024 school  1020
year, a student entering any of grades kindergarten through six;  1021
        (4) For a scholarship sought for the 2024-2025 school  1022
year, a student entering any of grades kindergarten through  1023
eight;  1024
        (5) For a scholarship sought for the 2025-2026 school  1025
year, and each school year thereafter, a student entering any of  1026
grades kindergarten through twelve.  1027
        (H) Except as provided for in section 3310.13 of the  1028
Revised Code and in division (C)(2) of section 3365.07 of the  1029
Revised Code, the department shall not require the parent of a  1030
student who applies for or receives a scholarship under this  1031
section or section 3310.033, 3310.034, or 3310.035 of the  1032
Revised Code to complete any kind of income verification  1033
regarding the student's family income.  1034
        Sec. 3310.13. (A) No chartered nonpublic school shall  1035
charge any student whose family income is at or below two  1036
S. B. No. 443  Page 37
As Introduced
hundred per cent of the federal poverty guidelines, as defined  1037
in section 5101.46 of the Revised Code, a tuition fee that is  1038
greater than the total amount paid for that student under  1039
section 3317.022 of the Revised Code.  1040
       (B) A chartered nonpublic school may charge any other  1041
student who is paid a scholarship under that section up to the  1042
difference between the amount of the scholarship and the regular  1043
tuition charge of the school. Each chartered nonpublic school  1044
may permit such an eligible student's family to provide  1045
volunteer services in lieu of cash payment to pay all or part of  1046
the amount of the school's tuition not covered by the  1047
scholarship paid under section 3317.022 of the Revised Code.  1048
       (C) Each chartered nonpublic school that charges a  1049
scholarship student an additional amount as authorized under  1050
division (B) of this section shall annually report to the  1051
department of education and workforce in the manner prescribed  1052
by the department the following:  1053
       (1) The number of students charged;  1054
       (2) The average of the amounts charged to such students.  1055
       (D) On and after July 1, 2024, the department shall not  1056
require the parent of a student to submit a complete copy of the  1057
parent's federal income tax return, or a return filed under  1058
section 5747.08 of the Revised Code, to determine a student's  1059
family income for the purposes of the educational choice  1060
scholarship pilot program. Rather, the department may require a  1061
parent to submit a partial federal income tax return, or a  1062
return filed under section 5747.08 of the Revised Code, that  1063
only contains the minimum amount of information necessary to  1064
determine a student's family income.  1065
S. B. No. 443  Page 38
As Introduced
       (E) No chartered nonpublic school participating in the  1066
educational choice scholarship pilot program shall require the  1067
parent of a student to disclose, as part of the school's  1068
admission procedure, whether the student's family income is at  1069
or below two hundred per cent of the federal poverty guidelines.  1070
       (F) A chartered nonpublic school may accept scholarships  1071
issued by a scholarship granting organization authorized under  1072
section 5747.73 of the Revised Code as payment for the  1073
difference between the amount of the scholarship paid under  1074
section 3317.022 of the Revised Code and the regular tuition  1075
charge of the school, as well as for any fees regularly charged  1076
by the school. Each such school shall report annually to the  1077
department the family income of each student who receives a  1078
scholarship from a scholarship granting organization described  1079
in this division.  1080
       (G) Not later than the thirtieth day of June of each year,  1081
each chartered nonpublic school that enrolls students who  1082
receive educational choice scholarships shall submit to the  1083
department of education and workforce, in a form and manner  1084
prescribed by the department, the tuition rates charged by the  1085
school for the following school year.  1086
       Sec. 3310.14. (A) Except as provided in division (B) of  1087
this section, each chartered nonpublic school that is not  1088
subject to division (K)(1) of section 3301.0711 of the Revised  1089
Code and enrolls students awarded scholarships under sections  1090
3310.01 to 3310.17 of the Revised Code annually shall administer  1091
the assessments prescribed by section 3301.0710, or 3301.0712,  1092
or 3313.619 of the Revised Code, as applicable, to each  1093
scholarship student enrolled in the school in accordance with  1094
section 3301.0711 of the Revised Code. Each chartered nonpublic  1095
S. B. No. 443  Page 39
As Introduced
school that is subject to this section shall report to the  1096
department of education and workforce the results of each  1097
assessment administered to each scholarship student under this  1098
section.  1099
       Nothing in this section requires a chartered nonpublic  1100
school to administer any achievement assessment, except for an  1101
Ohio graduation test prescribed by division (B)(1) of section  1102
3301.0710 or the college and work ready assessment system  1103
prescribed by division (B) of section 3301.0712 of the Revised  1104
Code to any student enrolled in the school who is not a  1105
scholarship student.  1106
       (B) A chartered nonpublic school that meets the conditions  1107
specified in division (K)(2) of section 3301.0711 of the Revised  1108
Code shall not be required to administer the elementary  1109
assessments prescribed by division (A) of section 3301.0710 of  1110
the Revised Code.  1111
       Sec. 3310.15. (A) The department of education and  1112
workforce annually shall compile the scores attained by  1113
scholarship students to whom an assessment is administered under  1114
section 3310.14 of the Revised Code. The scores shall be  1115
aggregated as follows:  1116
       (1) By state, which shall include all students awarded a  1117
scholarship under the educational choice scholarship pilot  1118
program and who were required to take an assessment under  1119
section 3310.14 of the Revised Code;  1120
       (2) By school district, which shall include all  1121
scholarship students who were required to take an assessment  1122
under section 3310.14 of the Revised Code and for whom the  1123
district is the student's resident district;  1124
S. B. No. 443  Page 40
As Introduced
       (3) By chartered nonpublic school, which shall include all  1125
scholarship students enrolled in that school who were required  1126
to take an assessment under section 3310.14 of the Revised Code.  1127
       (B) The department shall disaggregate the student  1128
performance data described in division (A) of this section  1129
according to the following categories:  1130
       (1) Grade level;  1131
       (2) Race and ethnicity;  1132
       (3) Gender;  1133
       (4) Students who have participated in the scholarship  1134
program for three or more years;  1135
       (5) Students who have participated in the scholarship  1136
program for more than one year and less than three years;  1137
       (6) Students who have participated in the scholarship  1138
program for one year or less;  1139
       (7) Economically disadvantaged students.  1140
       (C) The department shall post the student performance data  1141
required under divisions (A) and (B) of this section on its web  1142
site and, by the first fifteenth day of February September or  1143
the preceding Friday when that day falls on a Saturday or Sunday  1144
each year, shall distribute that data to the parent of each  1145
eligible student. In reporting student performance data under  1146
this division, the department shall not include any data that is  1147
statistically unreliable or that could result in the  1148
identification of individual students. For this purpose, the  1149
department shall not report performance data for any group that  1150
contains less than ten students.  1151
S. B. No. 443  Page 41
As Introduced
        Not later than July 1, 2025, the department shall develop  1152
a measure of student growth for scholarship students enrolled in  1153
chartered nonpublic schools. The measure of student growth shall  1154
be used to report data annually on student growth for students  1155
in grades four through eight during the school year in which  1156
data is reported. No data shall be reported for schools with  1157
fewer than ten scholarship students. The department shall make  1158
the growth reports available on its publicly accessible web  1159
site.  1160
        (D) The department shall provide the parent of each  1161
scholarship student with information comparing the student's  1162
performance on the assessments administered under section  1163
3310.14 of the Revised Code with the average performance of  1164
similar students enrolled in the building operated by the  1165
student's resident district that the scholarship student would  1166
otherwise attend. In calculating the performance of similar  1167
students, the department shall consider age, grade, race and  1168
ethnicity, gender, and socioeconomic status.  1169
        Sec. 3313.618. (A) In addition to the curriculum  1170
requirements specified by the board of education of a school  1171
district or governing authority of a chartered nonpublic school,  1172
each student entering ninth grade for the first time on or after  1173
July 1, 2014, but prior to July 1, 2019, shall satisfy at least  1174
one of the following conditions or the conditions prescribed  1175
under division (B) of this section in order to qualify for a  1176
high school diploma:  1177
        (1) Be remediation-free, in accordance with standards  1178
adopted under division (F) of section 3345.061 of the Revised  1179
Code, on each of the nationally standardized assessments in  1180
English, mathematics, and reading;  1181
S. B. No. 443  Page 42
As Introduced
       (2) Attain a score specified under division (B)(5)(c) of  1182
section 3301.0712 of the Revised Code on the end-of-course  1183
examinations prescribed under division (B) of section 3301.0712  1184
of the Revised Code.  1185
       (3) Attain a score that demonstrates workforce readiness  1186
and employability on a nationally recognized job skills  1187
assessment selected by the department of education and workforce  1188
under division (F) of section 3301.0712 of the Revised Code and  1189
obtain either an industry-recognized credential or a license  1190
issued by a state agency or board for practice in a vocation  1191
that requires an examination for issuance of that license.  1192
       For the purposes of this division, the industry-recognized  1193
credentials and licenses shall be as approved under section  1194
3313.6113 of the Revised Code.  1195
       A student may choose to qualify for a high school diploma  1196
by satisfying any of the separate requirements prescribed by  1197
divisions (A)(1) to (3) of this section. If the student's school  1198
district or school does not administer the examination  1199
prescribed by one of those divisions that the student chooses to  1200
take to satisfy the requirements of this section, the school  1201
district or school may require that student to arrange for the  1202
applicable scores to be sent directly to the district or school  1203
by the company or organization that administers the examination.  1204
       (B) In addition to the curriculum requirements specified  1205
by the district board or school governing authority, each  1206
student entering ninth grade for the first time on or after July  1207
1, 2019, shall satisfy the following conditions in order to  1208
qualify for a high school diploma:  1209
       (1) Attain a competency score as determined under division  1210
S. B. No. 443  Page 43
As Introduced
(B)(10) of section 3301.0712 of the Revised Code on each of the  1211
Algebra I and English language arts II end-of-course  1212
examinations prescribed under division (B)(2) of section  1213
3301.0712 of the Revised Code.  1214
       School districts and chartered nonpublic schools shall  1215
offer remedial support to any student who fails to attain a  1216
competency score on one or both of the Algebra I and English  1217
language arts II end-of-course examinations.  1218
       Following the first administration of the exam, if a  1219
student fails to attain a competency score on one or both of the  1220
Algebra I and English language arts II end-of-course  1221
examinations that student must retake the respective examination  1222
at least once.  1223
       If a student fails to attain a competency score on a  1224
retake examination, the student may demonstrate competency in  1225
the failed subject area through one of the following options:  1226
       (a) Earn course credit taken through the college credit  1227
plus program established under Chapter 3365. of the Revised Code  1228
in the failed subject area;  1229
       (b) Complete two of the following options, one of which  1230
must be foundational:  1231
       (i) Foundational options to demonstrate competency, which  1232
include earning a cumulative score of proficient or higher on  1233
three or more state technical assessments aligned with section  1234
3313.903 of the Revised Code in a single career pathway,  1235
obtaining an industry-recognized credential, or group of  1236
credentials, approved under section 3313.6113 of the Revised  1237
Code that meet the criteria established under that section to  1238
qualify for a high school diploma, obtaining a license approved  1239
S. B. No. 443  Page 44
As Introduced
under section 3313.6113 of the Revised Code that is issued by a  1240
state agency or board for practice in a vocation that requires  1241
an examination for issuance of that license, completing a pre-  1242
apprenticeship aligned with options established under section  1243
3313.904 of the Revised Code in the student's chosen career  1244
field, completing an apprenticeship registered with the  1245
apprenticeship council established under section 4139.02 of the  1246
Revised Code in the student's chosen career field, or providing  1247
evidence of acceptance into an apprenticeship program after high  1248
school that is restricted to participants eighteen years of age  1249
or older;  1250
       (ii) Supporting options to demonstrate competency, which  1251
include completing two hundred fifty hours of a work-based  1252
learning experience with evidence of positive evaluations,  1253
obtaining an OhioMeansJobs-readiness seal under section  1254
3313.6112 of the Revised Code, or attaining a workforce  1255
readiness score, as determined by the department, on the  1256
nationally recognized job skills assessment selected by the  1257
department under division (F) of section 3301.0712 of the  1258
Revised Code.  1259
       (c) Provide evidence that the student has enlisted in a  1260
branch of the armed services of the United States as defined in  1261
section 5910.01 of the Revised Code.  1262
       (d) Be remediation-free, in accordance with standards  1263
adopted under division (F) of section 3345.061 of the Revised  1264
Code, in the failed subject area on a nationally standardized  1265
assessment prescribed under division (B)(1) of section 3301.0712  1266
of the Revised Code. For English language arts II, a student  1267
must be remediation-free in the subjects of English and reading  1268
on the nationally standardized assessment.  1269
S. B. No. 443  Page 45
As Introduced
        Subject to division (L)(2) of section 3313.61 of the  1270
Revised Code, for any students receiving special education and  1271
related services under Chapter 3323. of the Revised Code, the  1272
individualized education program developed for the student under  1273
that chapter shall specify the manner in which the student will  1274
participate in the assessments administered under this division  1275
or an alternate assessment in accordance with division (C)(1) of  1276
section 3301.0711 of the Revised Code.  1277
        (2) Earn at least two of the state diploma seals  1278
prescribed under division (A) of section 3313.6114 of the  1279
Revised Code, at least one of which shall be any of the  1280
following:  1281
        (a) The state seal of biliteracy established under section  1282
3313.6111 of the Revised Code;  1283
        (b) The OhioMeansJobs-readiness seal established under  1284
section 3313.6112 of the Revised Code;  1285
        (c) One of the state diploma seals established under  1286
divisions (C)(1) to (7) of section 3313.6114 of the Revised  1287
Code.  1288
        (C)(1) A student who transfers into an Ohio public or  1289
chartered nonpublic high school from another state or enrolls in  1290
such a high school after receiving home education or attending a  1291
nonchartered, nontax-supported school in the previous school  1292
year shall meet the requirements of division (B) or (D) of this  1293
section, as applicable, in order to qualify for a high school  1294
diploma. However, any student subject to division (B) of this  1295
section who transfers or enrolls after the start of the  1296
student's twelfth grade year and fails to attain a competency  1297
score on the Algebra I or English language arts II end-of-course  1298
S. B. No. 443  Page 46
As Introduced
examination shall not be required to retake the applicable  1299
examination prior to demonstrating competency in the failed  1300
subject area under the options prescribed in divisions (B)(1)(a)  1301
to (d) of this section.  1302
       (2) The department shall prescribe standards that allow a  1303
transfer student who, prior to the student's transfer, took an  1304
assessment described in division (B)(1) or (2) of section  1305
3301.0712 or section 3313.619 of the Revised Code to apply the  1306
score from that assessment towards graduation requirements at  1307
the student's new public or chartered nonpublic school.  1308
       (D) Notwithstanding division (B) of this section, in  1309
addition to the curriculum requirements specified by the school  1310
governing authority, a chartered nonpublic school student  1311
subject to division (L)(3)(a)(ii)(L)(3)(a)(ii)(II) of section  1312
3301.0711 of the Revised Code entering ninth grade for the first  1313
time on or after July 1, 2019, shall qualify for a high school  1314
diploma if the student earns a remediation-free score in the  1315
areas of English, mathematics, and reading, in accordance with  1316
standards adopted under division (F) of section 3345.061 of the  1317
Revised Code, on a nationally standardized assessment prescribed  1318
under division (B)(1) of section 3301.0712 of the Revised Code.  1319
No such student shall be required to take the Algebra I or  1320
English language arts II end-of-course examination or earn  1321
diploma seals under this section.  1322
       (E) The department shall not create or require any  1323
additional assessment for the granting of any type of high  1324
school diploma other than as prescribed by this section. Except  1325
as provided in sections 3313.6111, 3313.6112, and 3313.6114 of  1326
the Revised Code, the department or the director of education  1327
and workforce shall not create any endorsement or designation  1328
S. B. No. 443  Page 47
As Introduced
that may be affiliated with a high school diploma.  1329
       Sec. 3313.619. This section does not apply to a student  1330
participating in a general education state scholarship program,  1331
as defined in section 3301.165 of the Revised Code. Such student  1332
shall comply with section 3313.618 of the Revised Code in the  1333
same manner as a public school student.  1334
       (A) In lieu of the assessment requirements prescribed by  1335
division (A) of section 3313.618 of the Revised Code or the  1336
requirements to demonstrate competency and earn diploma seals  1337
prescribed by division (B) of that section, a chartered  1338
nonpublic school may grant a high school diploma to a student  1339
who attains at least the designated score on an assessment  1340
approved by the department of education and workforce under  1341
division (B) of this section and selected by the school's  1342
governing authority.  1343
       (B) For purposes of division (A) of this section, the  1344
department shall approve assessments that meet the conditions  1345
specified under division (C) of this section and shall designate  1346
passing scores for each of those assessments.  1347
       (C) Each assessment approved under division (B) of this  1348
section shall be nationally norm-referenced, have internal  1349
consistency reliability coefficients of at least "0.8," be  1350
standardized, have specific evidence of content, concurrent, or  1351
criterion validity, have evidence of norming studies in the  1352
previous ten years, have a measure of student achievement in  1353
core academic areas, and have high validity evidenced by the  1354
alignment of the assessment with nationally recognized content.  1355
       (D) Nothing in this section shall prohibit a chartered  1356
nonpublic school from granting a high school diploma to a  1357
S. B. No. 443  Page 48
As Introduced
student if the student satisfies the applicable requirements  1358
prescribed by section 3313.618 of the Revised Code.  1359
       Sec. 3313.6612. Each school district and chartered  1360
nonpublic school shall maintain a disciplinary record for each  1361
student who is subject to a disciplinary action. The record  1362
shall include a description of each incident that resulted in  1363
disciplinary action by the district or school.  1364
       The disciplinary record of a student who is enrolled in a  1365
public school is subject to section 3319.321 of the Revised Code  1366
and the "Family Educational Rights and Privacy Act of 1974," 20  1367
U.S.C. 1232g.  1368
       Sec. 3313.976. (A) No private school may receive  1369
scholarship payments from parents pursuant to section 3317.022  1370
of the Revised Code until the chief administrator of the private  1371
school registers the school with the director of education and  1372
workforce. The director shall register any school that meets the  1373
following requirements:  1374
       (1) The school indicates in writing its commitment to  1375
follow all requirements for a state-sponsored scholarship  1376
program specified under sections 3313.974 to 3313.979 of the  1377
Revised Code, including, but not limited to, the requirements  1378
for admitting students pursuant to section 3313.977 of the  1379
Revised Code;  1380
       (2) The school meets all state minimum standards for  1381
chartered nonpublic schools in effect on July 1, 1992, except  1382
that the director at the director's discretion may register  1383
nonchartered nonpublic schools meeting the other requirements of  1384
this division;  1385
       (3) The school does not discriminate on the basis of race,  1386
S. B. No. 443  Page 49
As Introduced
religion, or ethnic background;  1387
       (4) The school enrolls a minimum of ten students per class  1388
or a sum of at least twenty-five students in all the classes  1389
offered;  1390
       (5) The school does not advocate or foster unlawful  1391
behavior or teach hatred of any person or group on the basis of  1392
race, ethnicity, national origin, or religion;  1393
       (6) The school does not provide false or misleading  1394
information about the school to parents, students, or the  1395
general public;  1396
       (7) For students in grades kindergarten through eight with  1397
family incomes at or below two hundred per cent of the federal  1398
poverty guidelines, as defined in section 5101.46 of the Revised  1399
Code, the school agrees not to charge any tuition in excess of  1400
the scholarship amount established pursuant to division (A)(11)  1401
(a) of section 3317.022 of the Revised Code, excluding any  1402
increase described in that division.  1403
       (8) For students in grades kindergarten through eight with  1404
family incomes above two hundred per cent of the federal poverty  1405
guidelines, whose scholarship amounts are less than the actual  1406
tuition charge of the school, the school agrees not to charge  1407
any tuition in excess of the difference between the actual  1408
tuition charge of the school and the scholarship amount  1409
established pursuant to division (A)(11)(a) of section 3317.022  1410
of the Revised Code, excluding any increase described in that  1411
division. The school shall permit such tuition, at the  1412
discretion of the parent, to be satisfied by the family's  1413
provision of in-kind contributions or services.  1414
       (9) The school agrees not to charge any tuition to  1415
S. B. No. 443  Page 50
As Introduced
families of students in grades nine through twelve receiving a  1416
scholarship in excess of the actual tuition charge of the school  1417
less the scholarship amount established pursuant to division (A)  1418
(11)(a) of section 3317.022 of the Revised Code, excluding any  1419
increase described in that division.  1420
       (10) It annually administers the applicable assessments  1421
prescribed by section 3301.0710, or 3301.0712, or 3313.619 of  1422
the Revised Code to each scholarship student enrolled in the  1423
school in accordance with section 3301.0711 or 3301.0712 of the  1424
Revised Code and reports to the department of education the  1425
results of each such assessment administered to each scholarship  1426
student, unless one of the following applies to the student:  1427
       (a) The student is excused from taking that assessment  1428
under federal law, the student's individualized education  1429
program, or division (C)(1)(c)(i) of section 3301.0711 of the  1430
Revised Code.  1431
       (b) The student is enrolled in a chartered nonpublic  1432
school that meets the conditions specified in division (K)(2) or  1433
(L)(4) of section 3301.0711 of the Revised Code.  1434
       (c) The student is enrolled in any of grades three to  1435
eight and takes an alternative standardized assessment under  1436
division (K)(1) of section 3301.0711 of the Revised Code.  1437
       (d) The student is excused from taking the assessment  1438
prescribed under division (B)(1) of section 3301.0712 of the  1439
Revised Code pursuant to division (C)(1)(c)(ii) of section  1440
3301.0711 of the Revised Code.  1441
       (B) The director shall revoke the registration of any  1442
school if, after a hearing, the director determines that the  1443
school is in violation of any of the provisions of division (A)  1444
S. B. No. 443  Page 51
As Introduced
of this section.  1445
       (C) Any public school located in a school district  1446
adjacent to the pilot project school district may receive  1447
scholarship payments on behalf of parents pursuant to section  1448
3317.022 of the Revised Code if the superintendent of the  1449
district in which such public school is located notifies the  1450
director prior to the first day of March that the district  1451
intends to admit students from the pilot project school district  1452
for the ensuing school year pursuant to section 3327.06 of the  1453
Revised Code.  1454
       (D) Any parent wishing to purchase tutorial assistance  1455
from any person or governmental entity pursuant to the pilot  1456
project program under sections 3313.974 to 3313.979 of the  1457
Revised Code shall apply to the director. The director shall  1458
approve providers who appear to possess the capability of  1459
furnishing the instructional services they are offering to  1460
provide.  1461
       (E) On and after July 1, 2024, the director shall not  1462
require the parent of a student to submit a complete copy of the  1463
parent's federal income tax return, or a return filed under  1464
section 5747.08 of the Revised Code, to determine a student's  1465
family income for the purposes of the pilot project scholarship  1466
program. Rather, the director may require a parent to submit a  1467
partial federal income tax return, or a return filed under  1468
section 5747.08 of the Revised Code, that only contains the  1469
minimum amount of information necessary to determine a student's  1470
family income.  1471
       (F) Not later than the thirtieth day of June of each year,  1472
each private school registered under this section shall submit  1473
to the director of education and workforce, in a form and manner  1474
S. B. No. 443  Page 52
As Introduced
prescribed by the director, the tuition rates charged by the  1475
school for the following school year.  1476
        Sec. 3314.03. A copy of every contract entered into under  1477
this section shall be filed with the director of education and  1478
workforce. The department of education and workforce shall make  1479
available on its web site a copy of every approved, executed  1480
contract filed with the director under this section.  1481
        (A) Each contract entered into between a sponsor and the  1482
governing authority of a community school shall specify the  1483
following:  1484
        (1) That the school shall be established as either of the  1485
following:  1486
        (a) A nonprofit corporation established under Chapter  1487
1702. of the Revised Code, if established prior to April 8,  1488
2003;  1489
        (b) A public benefit corporation established under Chapter  1490
1702. of the Revised Code, if established after April 8, 2003.  1491
        (2) The education program of the school, including the  1492
school's mission and educational philosophy, the characteristics  1493
of the students the school is expected to attract, the ages and  1494
grades of students, and the focus of the curriculum;  1495
        (3) The academic goals to be achieved and the method of  1496
measurement that will be used to determine progress toward those  1497
goals, which shall include the statewide achievement  1498
assessments;  1499
        (4) Performance standards, including but not limited to  1500
all applicable report card measures set forth in section 3302.03  1501
or 3314.017 of the Revised Code, by which the success of the  1502
S. B. No. 443  Page 53
As Introduced
school will be evaluated by the sponsor;  1503
        (5) The admission standards of section 3314.06 of the  1504
Revised Code and, if applicable, section 3314.061 of the Revised  1505
Code;  1506
        (6)(a) Dismissal procedures;  1507
        (b) A requirement that the governing authority adopt an  1508
attendance policy that includes a procedure for automatically  1509
withdrawing a student from the school if the student without a  1510
legitimate excuse fails to participate in seventy-two  1511
consecutive hours of the learning opportunities offered to the  1512
student.  1513
        (7) The ways by which the school will achieve racial and  1514
ethnic balance reflective of the community it serves;  1515
        (8) Requirements for financial audits by the auditor of  1516
state. The contract shall require financial records of the  1517
school to be maintained in the same manner as are financial  1518
records of school districts, pursuant to rules of the auditor of  1519
state. Audits shall be conducted in accordance with section  1520
117.10 of the Revised Code.  1521
        (9) An addendum to the contract outlining the facilities  1522
to be used that contains at least the following information:  1523
        (a) A detailed description of each facility used for  1524
instructional purposes;  1525
        (b) The annual costs associated with leasing each facility  1526
that are paid by or on behalf of the school;  1527
        (c) The annual mortgage principal and interest payments  1528
that are paid by the school;  1529
S. B. No. 443  Page 54
As Introduced
       (d) The name of the lender or landlord, identified as  1530
such, and the lender's or landlord's relationship to the  1531
operator, if any.  1532
       (10) Qualifications of employees, including both of the  1533
following:  1534
       (a) A requirement that the school's classroom teachers be  1535
licensed in accordance with sections 3319.22 to 3319.31 of the  1536
Revised Code, except that a community school may engage  1537
noncertificated persons to teach up to twelve hours or forty  1538
hours per week pursuant to section 3319.301 of the Revised Code;  1539
       (b) A prohibition against the school employing an  1540
individual described in section 3314.104 of the Revised Code in  1541
any position.  1542
       (11) That the school will comply with the following  1543
requirements:  1544
       (a) The school will provide learning opportunities to a  1545
minimum of twenty-five students for a minimum of nine hundred  1546
twenty hours per school year.  1547
       (b) The governing authority will purchase liability  1548
insurance, or otherwise provide for the potential liability of  1549
the school.  1550
       (c) The school will be nonsectarian in its programs,  1551
admission policies, employment practices, and all other  1552
operations, and will not be operated by a sectarian school or  1553
religious institution.  1554
       (d) The school will comply with sections 9.90, 9.91,  1555
109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710,  1556
3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.24, 3301.948,  1557
S. B. No. 443  Page 55
As Introduced
3302.037, 3313.472, 3313.473, 3313.474, 3313.50, 3313.539,  1558
3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012,  1559
3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6026,  1560
3313.6028, 3313.6029, 3313.6031, 3313.643, 3313.648, 3313.6411,  1561
3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,  1562
3313.668, 3313.669, 3313.6610, 3313.6612, 3313.67, 3313.671,  1563
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718,  1564
3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80,  1565
3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110,  1566
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078,  1567
3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39,  1568
3319.391, 3319.393, 3319.41, 3319.46, 3319.90, 3319.614,  1569
3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13,  1570
3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24,  1571
3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and  1572
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,  1573
4123., 4141., and 4167. of the Revised Code as if it were a  1574
school district and will comply with section 3301.0714 of the  1575
Revised Code in the manner specified in section 3314.17 of the  1576
Revised Code.  1577
       (e) The school shall comply with Chapter 102. and section  1578
2921.42 of the Revised Code.  1579
       (f) The school will comply with sections 3313.61,  1580
3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the  1581
Revised Code, except that for students who enter ninth grade for  1582
the first time before July 1, 2010, the requirement in sections  1583
3313.61 and 3313.611 of the Revised Code that a person must  1584
successfully complete the curriculum in any high school prior to  1585
receiving a high school diploma may be met by completing the  1586
curriculum adopted by the governing authority of the community  1587
school rather than the curriculum specified in Title XXXIII of  1588
S. B. No. 443  Page 56
As Introduced
the Revised Code or any rules of the department. Beginning with  1589
students who enter ninth grade for the first time on or after  1590
July 1, 2010, the requirement in sections 3313.61 and 3313.611  1591
of the Revised Code that a person must successfully complete the  1592
curriculum of a high school prior to receiving a high school  1593
diploma shall be met by completing the requirements prescribed  1594
in section 3313.6027 and division (C) of section 3313.603 of the  1595
Revised Code, unless the person qualifies under division (D) or  1596
(F) of that section. Each school shall comply with the plan for  1597
awarding high school credit based on demonstration of subject  1598
area competency, and beginning with the 2017-2018 school year,  1599
with the updated plan that permits students enrolled in seventh  1600
and eighth grade to meet curriculum requirements based on  1601
subject area competency adopted by the department under  1602
divisions (J)(1) and (2) of section 3313.603 of the Revised  1603
Code. Beginning with the 2018-2019 school year, the school shall  1604
comply with the framework for granting units of high school  1605
credit to students who demonstrate subject area competency  1606
through work-based learning experiences, internships, or  1607
cooperative education developed by the department under division  1608
(J)(3) of section 3313.603 of the Revised Code.  1609
       (g) The school governing authority will submit within four  1610
months after the end of each school year a report of its  1611
activities and progress in meeting the goals and standards of  1612
divisions (A)(3) and (4) of this section and its financial  1613
status to the sponsor and the parents of all students enrolled  1614
in the school.  1615
       (h) The school, unless it is an internet- or computer-  1616
based community school, will comply with section 3313.801 of the  1617
Revised Code as if it were a school district.  1618
S. B. No. 443  Page 57
As Introduced
       (i) If the school is the recipient of moneys from a grant  1619
awarded under the federal race to the top program, Division (A),  1620
Title XIV, Sections 14005 and 14006 of the "American Recovery  1621
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115,  1622
the school will pay teachers based upon performance in  1623
accordance with section 3317.141 and will comply with section  1624
3319.111 of the Revised Code as if it were a school district.  1625
       (j) If the school operates a preschool program that is  1626
licensed by the department under sections 3301.52 to 3301.59 of  1627
the Revised Code, the school shall comply with sections 3301.50  1628
to 3301.59 of the Revised Code and the minimum standards for  1629
preschool programs prescribed in rules adopted by the department  1630
of children and youth under section 3301.53 of the Revised Code.  1631
       (k) The school will comply with sections 3313.6021 and  1632
3313.6023 of the Revised Code as if it were a school district  1633
unless it is either of the following:  1634
       (i) An internet- or computer-based community school;  1635
       (ii) A community school in which a majority of the  1636
enrolled students are children with disabilities as described in  1637
division (B)(2) of section 3314.35 of the Revised Code.  1638
       (l) The school will comply with section 3321.191 of the  1639
Revised Code, unless it is an internet- or computer-based  1640
community school that is subject to section 3314.261 of the  1641
Revised Code.  1642
       (m) The school will comply with section 3313.7118 of the  1643
Revised Code if it serves elementary school students.  1644
       (12) Arrangements for providing health and other benefits  1645
to employees;  1646
S. B. No. 443  Page 58
As Introduced
       (13) The length of the contract, which shall begin at the  1647
beginning of an academic year. No contract shall exceed five  1648
years unless such contract has been renewed pursuant to division  1649
(D) of this section.  1650
       (14) The governing authority of the school, which shall be  1651
responsible for carrying out the provisions of the contract;  1652
       (15) A financial plan detailing an estimated school budget  1653
for each year of the period of the contract and specifying the  1654
total estimated per pupil expenditure amount for each such year.  1655
       (16) Requirements and procedures regarding the disposition  1656
of employees of the school in the event the contract is  1657
terminated or not renewed pursuant to section 3314.07 of the  1658
Revised Code;  1659
       (17) Whether the school is to be created by converting all  1660
or part of an existing public school or educational service  1661
center building or is to be a new start-up school, and if it is  1662
a converted public school or service center building, both of  1663
the following:  1664
       (a) Specification of any duties or responsibilities of an  1665
employer that the board of education or service center governing  1666
board that operated the school or building before conversion is  1667
delegating to the governing authority of the community school  1668
with respect to all or any specified group of employees provided  1669
the delegation is not prohibited by a collective bargaining  1670
agreement applicable to such employees;  1671
       (b) Alternative arrangements for current public school  1672
students who choose not to attend the converted school and for  1673
teachers who choose not to teach in the school or building after  1674
conversion.  1675
S. B. No. 443  Page 59
As Introduced
       (18) Provisions establishing procedures for resolving  1676
disputes or differences of opinion between the sponsor and the  1677
governing authority of the community school;  1678
       (19) A provision requiring the governing authority to  1679
adopt a policy regarding the admission of students who reside  1680
outside the district in which the school is located. That policy  1681
shall comply with the admissions procedures specified in  1682
sections 3314.06 and 3314.061 of the Revised Code and, at the  1683
sole discretion of the authority, shall do one of the following:  1684
       (a) Prohibit the enrollment of students who reside outside  1685
the district in which the school is located;  1686
       (b) Permit the enrollment of students who reside in  1687
districts adjacent to the district in which the school is  1688
located;  1689
       (c) Permit the enrollment of students who reside in any  1690
other district in the state.  1691
       (20) A provision recognizing the authority of the  1692
department to take over the sponsorship of the school in  1693
accordance with the provisions of division (C) of section  1694
3314.015 of the Revised Code;  1695
       (21) A provision recognizing the sponsor's authority to  1696
assume the operation of a school under the conditions specified  1697
in division (B) of section 3314.073 of the Revised Code;  1698
       (22) A provision recognizing both of the following:  1699
       (a) The authority of public health and safety officials to  1700
inspect the facilities of the school and to order the facilities  1701
closed if those officials find that the facilities are not in  1702
compliance with health and safety laws and regulations;  1703
S. B. No. 443  Page 60
As Introduced
       (b) The authority of the department as the community  1704
school oversight body to suspend the operation of the school  1705
under section 3314.072 of the Revised Code if the department has  1706
evidence of conditions or violations of law at the school that  1707
pose an imminent danger to the health and safety of the school's  1708
students and employees and the sponsor refuses to take such  1709
action.  1710
       (23) A description of the learning opportunities that will  1711
be offered to students including both classroom-based and non-  1712
classroom-based learning opportunities that is in compliance  1713
with criteria for student participation established by the  1714
department under division (H)(2) of section 3314.08 of the  1715
Revised Code;  1716
       (24) The school will comply with sections 3302.04 and  1717
3302.041 of the Revised Code, except that any action required to  1718
be taken by a school district pursuant to those sections shall  1719
be taken by the sponsor of the school.  1720
       (25) Beginning in the 2006-2007 school year, the school  1721
will open for operation not later than the thirtieth day of  1722
September each school year, unless the mission of the school as  1723
specified under division (A)(2) of this section is solely to  1724
serve dropouts. In its initial year of operation, if the school  1725
fails to open by the thirtieth day of September, or within one  1726
year after the adoption of the contract pursuant to division (D)  1727
of section 3314.02 of the Revised Code if the mission of the  1728
school is solely to serve dropouts, the contract shall be void.  1729
       (26) Whether the school's governing authority is planning  1730
to seek designation for the school as a STEM school equivalent  1731
under section 3326.032 of the Revised Code;  1732
S. B. No. 443  Page 61
As Introduced
       (27) That the school's attendance and participation  1733
policies will be available for public inspection;  1734
       (28) That the school's attendance and participation  1735
records shall be made available to the department, auditor of  1736
state, and school's sponsor to the extent permitted under and in  1737
accordance with the "Family Educational Rights and Privacy Act  1738
of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any  1739
regulations promulgated under that act, and section 3319.321 of  1740
the Revised Code;  1741
       (29) If a school operates using the blended learning  1742
model, as defined in section 3301.079 of the Revised Code, all  1743
of the following information:  1744
       (a) An indication of what blended learning model or models  1745
will be used;  1746
       (b) A description of how student instructional needs will  1747
be determined and documented;  1748
       (c) The method to be used for determining competency,  1749
granting credit, and promoting students to a higher grade level;  1750
       (d) The school's attendance requirements, including how  1751
the school will document participation in learning  1752
opportunities;  1753
       (e) A statement describing how student progress will be  1754
monitored;  1755
       (f) A statement describing how private student data will  1756
be protected;  1757
       (g) A description of the professional development  1758
activities that will be offered to teachers.  1759
S. B. No. 443  Page 62
As Introduced
       (30) A provision requiring that all moneys the school's  1760
operator loans to the school, including facilities loans or cash  1761
flow assistance, must be accounted for, documented, and bear  1762
interest at a fair market rate;  1763
       (31) A provision requiring that, if the governing  1764
authority contracts with an attorney, accountant, or entity  1765
specializing in audits, the attorney, accountant, or entity  1766
shall be independent from the operator with which the school has  1767
contracted.  1768
       (32) A provision requiring the governing authority to  1769
adopt an enrollment and attendance policy that requires a  1770
student's parent to notify the community school in which the  1771
student is enrolled when there is a change in the location of  1772
the parent's or student's primary residence.  1773
       (33) A provision requiring the governing authority to  1774
adopt a student residence and address verification policy for  1775
students enrolling in or attending the school.  1776
       (34) A provision establishing the process by which the  1777
governing authority of the school will be selected in the  1778
future.  1779
       (35) A description of the management and administration of  1780
the school.  1781
       (36) A provision requiring the governing authority to  1782
adopt policies and procedures to establish internal financial  1783
controls for the school.  1784
       (B) A contract entered into under section 3314.02 of the  1785
Revised Code between a sponsor and the governing authority of a  1786
community school may provide for the community school governing  1787
authority to make payments to the sponsor, which is hereby  1788
S. B. No. 443  Page 63
As Introduced
authorized to receive such payments as set forth in the contract  1789
between the governing authority and the sponsor. The total  1790
amount of such payments for monitoring, oversight, and technical  1791
assistance of the school shall not exceed three per cent of the  1792
total amount of payments for operating expenses that the school  1793
receives from the state.  1794
       (C) The contract shall specify the duties of the sponsor  1795
which shall be in accordance with the written agreement entered  1796
into with the department under division (B) of section 3314.015  1797
of the Revised Code and shall include the following:  1798
       (1) Monitor the community school's compliance with all  1799
laws applicable to the school and with the terms of the  1800
contract;  1801
       (2) Monitor and evaluate the academic and fiscal  1802
performance and the organization and operation of the community  1803
school on at least an annual basis;  1804
       (3) Provide technical assistance to the community school  1805
in complying with laws applicable to the school and terms of the  1806
contract;  1807
       (4) Take steps to intervene in the school's operation to  1808
correct problems in the school's overall performance, declare  1809
the school to be on probationary status pursuant to section  1810
3314.073 of the Revised Code, suspend the operation of the  1811
school pursuant to section 3314.072 of the Revised Code, or  1812
terminate the contract of the school pursuant to section 3314.07  1813
of the Revised Code as determined necessary by the sponsor;  1814
       (5) Have in place a plan of action to be undertaken in the  1815
event the community school experiences financial difficulties or  1816
closes prior to the end of a school year.  1817
S. B. No. 443  Page 64
As Introduced
       (D) Upon the expiration of a contract entered into under  1818
this section, the sponsor of a community school may, with the  1819
approval of the governing authority of the school, renew that  1820
contract for a period of time determined by the sponsor, but not  1821
ending earlier than the end of any school year, if the sponsor  1822
finds that the school's compliance with applicable laws and  1823
terms of the contract and the school's progress in meeting the  1824
academic goals prescribed in the contract have been  1825
satisfactory. Any contract that is renewed under this division  1826
remains subject to the provisions of sections 3314.07, 3314.072,  1827
and 3314.073 of the Revised Code.  1828
       (E) If a community school fails to open for operation  1829
within one year after the contract entered into under this  1830
section is adopted pursuant to division (D) of section 3314.02  1831
of the Revised Code or permanently closes prior to the  1832
expiration of the contract, the contract shall be void and the  1833
school shall not enter into a contract with any other sponsor. A  1834
school shall not be considered permanently closed because the  1835
operations of the school have been suspended pursuant to section  1836
3314.072 of the Revised Code.  1837
       Sec. 3319.324. (A) As used in this section, "school  1838
records" includes any academic records, student assessment data,  1839
disciplinary record, or other information for which there is a  1840
legitimate educational interest.  1841
       (B) Except as provided for in division (C) of this  1842
section, when any school district or chartered nonpublic school  1843
receives a request from another district or school to which a  1844
student has transferred for that student's school records, the  1845
district or school receiving the request shall respond, within  1846
five school days after receiving the request, by transmitting to  1847
S. B. No. 443  Page 65
As Introduced
the requesting district or school either the student's school  1848
records as authorized under section 3319.321 of the Revised Code  1849
or, if the district or school has no record of the student's  1850
attendance, a statement of that fact.  1851
        (C) Except as provided for in division (E) of this  1852
section, a district or school may withhold a student's school  1853
records if there is two thousand five hundred dollars or more of  1854
outstanding debt attributed to the student. The district or  1855
school shall transmit the student's school records in the manner  1856
specified under division (A) of this section once the debt is  1857
paid.  1858
        (D) The provisions of this section are in addition to, and  1859
do not affect the obligations of a school district or school to  1860
comply with, the requirements of division (D) of section  1861
3313.642 and section 3313.672 of the Revised Code.  1862
        (E) A district or school shall not withhold records  1863
related to a student's expulsion under division (B)(6) of  1864
section 3313.66 of the Revised Code due to outstanding debt  1865
attributed to the student.  1866
        Sec. 3326.11. Each science, technology, engineering, and  1867
mathematics school established under this chapter and its  1868
governing body shall comply with sections 9.90, 9.91, 109.65,  1869
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,  1870
3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037,  1871
3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472,  1872
3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50,  1873
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012,  1874
3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023,  1875
3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61,  1876
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,  1877
S. B. No. 443  Page 66
As Introduced
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,  1878
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610,  1879
3313.6612, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,  1880
3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112,  1881
3313.7117, 3313.7118, 3313.721, 3313.753, 3313.80, 3313.801,  1882
3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110,  1883
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078,  1884
3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321,  1885
3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41,  1886
3319.45, 3319.46, 3319.614, 3319.90, 3320.01, 3320.02, 3320.03,  1887
3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141,  1888
3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251,  1889
3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and  1890
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,  1891
4112., 4123., 4141., and 4167. of the Revised Code as if it were  1892
a school district.  1893
       Section 2. That existing sections 3301.0711, 3310.03,  1894
3310.13, 3310.14, 3310.15, 3313.618, 3313.619, 3313.976,  1895
3314.03, 3319.324, and 3326.11 of the Revised Code are hereby  1896
repealed.  1897
       Section 3. Sections 1 and 2 of this act take effect July  1898
1, 2027.  1899
       Section 4. This act shall be known as the Take the Dough,  1900
We Gotta Know Act.  1901
       Section 5. The General Assembly, applying the principle  1902
stated in division (B) of section 1.52 of the Revised Code that  1903
amendments are to be harmonized if reasonably capable of  1904
simultaneous operation, finds that the following sections,  1905
presented in this act as composites of the sections as amended  1906
by the acts indicated, are the resulting versions of the  1907
S. B. No. 443  Page 67
As Introduced
sections in effect prior to the effective date of the sections  1908
as presented in this act:  1909
       Section 3314.03 of the Revised Code as amended by both  1910
H.B. 10 and H.B. 96 of the 136th General Assembly.  1911
       Section 3326.11 of the Revised Code as amended by both  1912
H.B. 10 and H.B. 96 of the 136th General Assembly.  1913