NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas BRIEF IN OPPOSITION September 21,2018 16:51 By: DOUGLAS R. COLE 0070665 Confirmation Nbr. 1501791 EAST CLEVELAND CITY SCHOOL DISTRICT BD OF EDU CV 18 904006 vs. Judge: STEVEN E. GALL STATE OF OHIO ET. AL Pages Filed: 241 Electronically Filed 09/21/2018 16:51 / BRIEF/CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO EAST CLEVELAND CITY SCHOOL DISTRICT BOARD OF EDUCATION, Plaintiff, Case No. 18-CV-904006 v. Judge Gall STATE OF OHIO, et al., Defendants. DEFENDANTS STATE OF OHIO, THE OHIO DEPARTMENT OF EDUCATION, AND SUPERINTENDENT OF PUBLIC INSTRUCTION PAOLO DEMARIA’S MEMORANDUM IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER The East Cleveland City School District (the “District”) seeks emergency relief from this Court to prevent harm that it claims will allegedly arise from implementation of an Academic Distress Commission (“ADC”) in the District—but no emergency exists. Under the statutes at issue, the ADC will take many weeks to assemble and many additional weeks to hire a CEO, who will, in consultation with local stakeholders over multiple months, formulate an improvement plan for the District. As a practical matter, it is unlikely the CEO will make any major operational changes until such plan is implemented, which is not likely to occur during the 2018-19 academic year. There is simply no need for a rush to judgment in the form of a temporary restraining order (“TRO”), as the parties will have more than ample time to prepare for, and present in Court,1 a preliminary injunction hearing before any significant operational 1 As explained in Defendants’ forthcoming Motion to Transfer Venue to Franklin County, this matter is improperly venued here, and thus should be transferred, along with the pending TRO motion, to the Franklin County Court of Common Pleas. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH changes are likely to occur. That, in and of itself, is a sufficient basis to deny the District the TRO that it seeks here. But even putting that aside, the District cannot establish any of the elements needed to support a TRO, and certainly not by clear and convincing evidence, the standard that applies to such requests. First, the District has no hope of succeeding on the merits of its claim. Its statutory arguments rely on a misreading of relevant law. Schools become subject to ADCs based on three consecutive years of underperformance. Through codified and uncodified law, the General Assembly provided that, for the 2015-16 and 2016-17 years, the Ohio Department of Education (“ODE”) was to rely on a combination of the District’s scores on two component grades, issued in connection with the District’s annual report card, which would establish an “equivalent” overall grade used to make the ADC determination. That is exactly what ODE did with regard to East Cleveland, and those two equivalent grades, coupled with the overall grade of “F” that East Cleveland received on the recently issued 2017-18 report card, are what resulted in ODE notifying the District of the creation of an ADC, just as the statutes provide. The District fares no better in seeking to buttress its statutory argument by pointing to alleged shortcomings in the data underlying the 2017-18 report card. It first complains, for example, that the report card misstates the percentage of principals who have bachelor’s degrees—but that figure, even if wrong, plays no role in a District’s overall grade, and thus is irrelevant to the question here. The District’s other complaints are even weaker. The alleged “math errors” for example are easily explained, and are not errors at all. And, as for the alleged “error” in using the 2016-17 graduation rate, rather than the 2017-18 numbers, that is a long­ standing practice of reporting the graduation in arrears for legitimate reasons, about which East Cleveland has never complained, and as a practical matter is the only graduation rate the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 2 Department can use, as current year numbers are not finalized before the date on which statute commands that the report card must be released. Finally, the District cannot show any meaningful likelihood of success on its threereading claim. Indeed, the Tenth District recently rejected an identical challenge to the same statute by another school district that is also subject to an ADC. Moreover, although the District claims that the bill at issue was “vitally altered” through an amendment, it does not even bother to attach pre- and post-amendment versions of the bill. In short, the District has fallen well short of showing a strong likelihood of success on this claim, or, for that matter, on any claim. The balance of harms also strongly favors rejecting the requested TRO. As noted above, the ADC process is just that—a process. It will take time to develop and implement an improvement plan. Thus, the District faces no real threat of immediate and irreparable harm if the process begins now. By contrast, any delay in the process works an irreparable harm to ODE, as a delay in starting the process means an unavoidable delay in completing that process. While preliminary steps are underway, the Court will have more than enough time to consider the District’s legal arguments, long before any potential significant operational changes are likely to occur. Moreover, any delay in starting the process will cause harm not only to the ODE’s ability to meet its obligations under the statute, but to third parties, as well. The District has been underperforming for years—that is why it is subject to an ADC in the first place—and that has lifelong consequences for children in the District. Each year that passes leaves the District’s children further behind. Allowing the ADC process to at least start now means that, assuming a court upholds the propriety of the ADC after a hearing (as it should), then the ADC will have progressed through the preliminary steps according to the statutory schedule, and be able to Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 3 continue moving forward as quickly as possible upon this Court’s approval. The governing law requires the ultimate improvement plan for the District to be developed by the CEO with significant stakeholder involvement and only after approval by the ADC. Finally, the public interest also favors denying the District’s requested relief. Of course, the public has a strong interest in an effective education system, and in seeing the laws that the General Assembly passes being enforced. The General Assembly has determined that the best means for pursuing effective education is by throwing a lifeline to underperforming schools in the form of an ADC. Allowing that process to start now will ensure that this lifeline is available as soon as possible down the road, once a court has heard the evidence at a preliminary injunction hearing, and confirmed for itself that the District is properly subject to an ADC here. BACKGROUND A. The General Assembly Introduces, Amends, Considers, And Enacts The ADC Bill, Legislation That Is Designed To Improve Persistently Underperforming Schools. As one of the claims here is a three-reading challenge to HB 70, a discussion of how that bill proceeded through the General Assembly, and the amendments that occurred along the way, is warranted. The bill, HB 70 from the 131st General Assembly (the “ADC Bill”), was read for its first consideration in the House of Representatives on February 18, 2015.2 The House read and considered the bill for a second time on February 25, 2015, and referred the bill to the House Education Committee on that date. The bill passed through the Committee, and was sent back to 2 The sequence of events in the General Assembly related to HB 70 does not appear to be in dispute, and therefore Defendants have not attached all the voluminous House and Senate Journals from the relevant dates to this Brief. The Tenth District Court of Appeals has also issued a decision addressing HB 70 with factual findings about the date each chamber of the General Assembly took action. See Youngstown City Sch. Dist. Bd. ofEduc. v. State of Ohio, 2018-Ohio-2532, ^ 2-4 (10th Dist. June 28, 2018). Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 4 the House for consideration. After a third reading, the House passed the bill on May 19, 2015, and then sent it to the Senate for consideration. (See Exhibit A, HB 70, as passed by the House). The Senate read and considered the ADC Bill two times, and then sent it to the Senate Education Committee. That committee prepared amendments to the bill, resulting in a substitute version of the bill that, with two floor amendments, was read and considered a third and final time by the Senate on June 24, 2015, and passed that date. (See Exhibit B, HB 70, as passed by the Senate). The ADC Bill then returned to the House for concurrence, which occurred that day. Governor Kasich signed the bill on July 16, 2015, and the bill therefore became effective 91 days later—on October 15, 2015. 1. The Bill As Originally Introduced In The House Was Directed At Improving Performance In Failing Schools. Ever since it was first introduced in the House, the ADC Bill has reflected legislative efforts to improve performance in underperforming primary and secondary schools. The version first introduced and passed in the House proposed enacting three new sections to Chapter 3302 of the Ohio Revised Code. These sections set forth “Performance Standards,” and declared that low performing schools could qualify for transformation into “community learning centers,” which are community-based efforts to provide educational, developmental, family, and certain health services to students and their families. The proposed bill set forth five specific criteria for identifying underperforming schools that would qualify for community-learning-center treatment. (See Ex. A at 3302.17(A)). If a building transitioned to a community learning center, the bill called for the creation of a “school action team,” comprised of a majority of community members, who would then be tasked with monitoring and assisting in the implementation of the community learning center and monitor progress related to academic achievement. (See id. at 3302.18(A)). Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 5 2. The ADC Bill As Amended In The Senate Remained Directed At Improving Performance In Failing Schools, Merely Changing The Specific Mechanism For Accomplishing Such Improvements. During the Senate amendment process, the ADC Bill remained focused on improving underperforming schools, but changed some of the specifics regarding how that would occur. (See Ex. B). First, the as-amended version (which is now the current law) retained the “community learning center” model, but made that model open to any school building, whether technically failing under the five criteria set forth above or not, if parents supported the change through a voting process. See R.C. 3302.16-18. Second, the as-amended version set forth a new test to identify the most persistently poor performers among school districts, for which the bill creates a newly constituted “academic distress commission.” As relevant here, the as-amended bill provides for creating an academic distress commission for any school district that receives an overall grade of “F” on the state report card for three consecutive years. R.C. 3302.10(A). As the above description suggests, the “academic distress commission” was an alreadyexisting construct under pre-ADC Bill statutory law. But, the ADC Bill, as passed by the Senate (i.e., the now operative law), expands the powers of such commissions, providing for specific consequences for prolonged poor performance. Like the community learning center model included in the as-introduced version of the ADC Bill, the academic distress commission under the as-enacted ADC Bill provides for community involvement. The commission consists of five members—three appointed by the Superintendent of Public Instruction, one appointed by the local school board president, and one appointed by the mayor of the municipality in which the majority of the district is located. R.C. 3302.10(B)(1). The academic distress commission is then empowered to appoint a chief Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 6 executive officer (“CEO”) who has operational, managerial, and instructional control of the failing district. R.C. 3302.10(C)(1). In sum, as introduced and passed in the House, as amended and passed by the Senate, as concurred to by the House, and as signed by Governor Kasich, the ADC Bill was designed to address and improve underperforming schools. While the exact methods available under the law to accomplish those objectives may have changed over time, the underlying goal has remained the same since the outset. 3. The Improvement Plan Will Take Many Months To Develop And Is Unlikely To Be Implemented During The 2018-19 School Year. Importantly, the ADC Bill calls for a methodical chain of events—involving a heavy dose of local involvement—culminating with the CEO’s submission of a new academic improvement plan to the academic distress commission. Under the statute, that process for developing an improvement plan occurs over months and includes the following statutorily required steps: • First, a district is notified that it meets the criteria for an academic distress commission. (This notification occurred when ODE sent its September 13, 2018 letter to the District.) • Second, after a district receives such notification, the relevant parties (i.e., the State Superintendent of Public Instruction, the local mayor, and the president of the school district’s board of education) have 30 days in which to make their appointments to the academic distress commission. R.C. 3302.10(B)(1). • Third, once the appointments are completed, the State Superintendent of Public Instruction designates one of the appointees to serve as chairperson. R.C. 3302.10(B)(1). • Fourth, once a chairperson is selected, the commission begins the process of meeting and undertaking efforts to locate and select a CEO. R.C. 3302.10(C)(1)). • Fifth, the commission selects and appoints the CEO within 60 days of the chairperson’s selection. R.C. 3302.10(C)(1)). Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 7 • Sixth, the CEO is required to convene a diverse group of community stakeholders within 30 days of the CEO’s appointment to develop expectations for academic improvement of the district. R.C. 3302.10(E)(1). • Seventh, within 90 days of his or her appointment, the CEO must convene stakeholder groups on school-by-school basis, including teachers employed in the school and parents of students enrolled in the school, to develop expectations for academic improvement. R.C. 3302.10(E)(1). • Eighth, the CEO, in consultation with these stakeholder groups, must formulate an overall plan directed at improving the district’s academic performance, which the CEO must then submit to the commission within 90 days of his or her appointment. R.C. 3302.10(E)(2). • Ninth, upon submission of the improvement plan, the commission then has 30 days to review and approve or suggest modifications to the plan. R.C. 3302.10(E)(2). • Tenth, if the commission suggests modifications, the CEO has 15 days to revise and resubmit the plan. R.C. 3302.10(E)(2). • Finally, the commission then has another 30 days to approve the resubmitted plan. R.C. 3302.10(E)(2). As the above description and the timeline enclosed with the letter attached as Exhibit 2 to the District’s Verified Complaint make clear, the first year in which a school district becomes subject to an academic distress commission is largely spent forming the commission and meeting with stakeholders. The District is now merely at step one of the eleven steps to occur before an ADC, or the CEO the ADC hires, is likely to implement any major operational changes to the District under an approved improvement plan. The earliest the ADC would likely even approve a plan for the District would be April 2019. And, of course, any approved plan would take additional time to implement. Thus, the 2018-19 academic year will likely largely be spent assembling the ADC, meeting with stakeholders, and developing a plan to be implemented in the 2019-20 school year. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 8 B. Codified And Uncodified Law Mandate How To Determine Whether A Given District Is Subject To An ADC, Which Turns On Report Card Information For The District. In addition to setting forth this extended timeline, the ADC Bill specifies how school districts become subject to an ADC. As relevant here, R.C. 3302.10 mandates that the “superintendent of public instruction shall establish an academic distress commission for any school district that.... has received an overall grade of ‘F’ under division (C)(3) of section 3302.03 of the Revised Code for three consecutive years.” M(A)(1) (emphasis added). Thus, this is not a discretionary ODE decision. Rather, the General Assembly mandates an ADC for a given district based on the overall report card grades assigned to that district under Chapter 3302. To understand how that works, some background regarding district report cards is helpful. ODE prepares a report card for each district, for each school year. As a general matter, that report card includes a grade for a “school district or school building,” and, separately, “performance measures” in six “components.” R.C. 3302.03(C)(3). In addition to reflecting school district performance in particular areas, the components combine to determine the school district’s overall grade, pursuant to criteria set forth by rule. See R.C. 3302.03(C)(3) (“The state board shall adopt rules pursuant to Chapter 119. of the Revised Code that establish a method to assign an overall grade for a school district or school building for the 2017-2018 school year and each school year thereafter . . . [and] group” certain performance measures set forth in R.C. 3302.03 “into the following [six] components”); see also O.A.C. Chapter 3301-28. Thus, according to these rules, each component is assigned the following weight, which, when added together, determine the overall grade: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 9 Component Achievement Progress Graduation Rate Gap Closing Improving At-Risk K-3 Readers Prepared for Success Weight Towards Overall Grade 20 percent 20 percent 15 percent 15 percent 15 percent 15 percent With regard to that overall grade, though, there is one wrinkle. In particular, by statute, in the 2014-15, 2015-16, and 2016-17 school years, ODE was prohibited from “assigning] an overall letter grade under division (C)(3) of section 3302.03 of the Revised Code for any school district or building.” That is, ODE could not assign the overall letter grade that would typically form the basis for, among other things, an ADC determination. The General Assembly instructed ODE through uncodified law to instead use an “equivalent” overall grade for that period of time, and told ODE how to generate that equivalent. (See Exhibit C, Am. Sub. HB 70, as signed and enacted, at § 6). The District claims that this uncodified section creates a conflict with codified law, and that the various provisions cannot be read in concert. In fact, though, as the following review of the various provisions relevant here shows, nothing could be further from the truth. 1. The General Assembly Limits Use of Report Card Ratings For The 2014-15 School Year. To start, on June 16, 2014, Governor John Kasich signed H.B. 487 into law (the “2014 Act”). The 2014 Act added a new section, R.C. 3302.036, to the Ohio Revised Code. As enacted in the 2014 Act, this Section provided that: [n]otwithstanding anything in the Revised Code to the contrary, the department of education shall not assign an overall letter grade under division (C)(3) of section 3302.03 of the Revised Code for any school district or building for the 2014-2015 school year, may, at the discretion of the state board of education, not assign an Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 10 individual grade to any component prescribed under division (C)(3) of section 3302.03 of the Revised Code, and shall not rank school districts, community schools established under Chapter 3314. of the Revised Code, or STEM schools established under Chapter 3326. of the Revised Code under section 3302.21 of the Revised Code for that school year. The report card ratings issued for the 2014­ 2015 school year shall not be considered in determining whether a school district or a school is subject to sanctions or penalties. However, the report card ratings of any previous or subsequent years shall be considered in determining whether a school district or building is subject to sanctions or penalties. Accordingly, the report card ratings for the 2014-2015 school year shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years. R.C. 3302.036(A) (2014) (emphases added). The Section then went on to identify, in Subdivision (B), the “provisions from which a district or school is exempt” as a result of Subdivision (A)’s prohibition on the use of report card ratings “to determin[e] whether a school district or school is subject to sanctions or penalties.” In other words, the “provisions from which a district is exempt” that are listed in Subdivision (B) are the very “sanctions and penalties” that ODE cannot impose based on the 2014-15 report card ratings given the language of Subdivision (A). These included the “[provisions for academic distress commissions under section 3302.10 of the Revised Code.” R.C. 3302.036(B)(3) (2014). Thus, as originally enacted in 2014, R.C. 3302.036 applied only to the 2014-15 school year; prohibited ODE from assigning an overall letter grade to a school district for that school year; allowed ODE to assign component grades to a school district for that year; and specified that report card ratings for that year—including the component grades that ODE remained free to assign—could not be used to determine whether a school district would be subject to sanctions or penalties, such as being subject to the ADC provisions of R.C. 3302.10, as that statute then existed. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 11 2. The General Assembly Strengthens The ADC Statute And Allows ODE To Rely On Report Card Ratings To Identify School Districts Subject To An ADC Under That Strengthened Framework. Roughly a year later, on June 24, 2015, the General Assembly enacted HB 70 (the “ADC Bill”), which, as noted above, strengthened the already existing ADC framework by changing the way ADCs operate, and in particular by adopting a CEO model. (See Ex. C, at 33). Separately, the ADC Bill also provided that the limitations set forth in R.C. 3302.036(A) (described immediately above) on the use of report card ratings would not prevent ODE from relying on such ratings in determining whether a school district is subject to this newly-strengthened ADC. The ADC Bill accomplished this latter objective through the use of both codified and uncodified law, which was carefully crafted in light of the then-existing R.C. 3302.036(A). As noted above, Subdivision (B) to R.C. 3302.036 as enacted in 2014 described the sanctions and penalties that ODE could not impose based on report card ratings. The ADC Bill amended this subdivision to read (the new language shown in bold italics): [t]he provisions from which a district or school is exempt under division (A) of this section shall be the following: (3) Provisions for academic distress commissions under former section 3302.10 of the Revised Code; as it existedprior to the effective date of this amendment. The provisions of this section do not apply to academic distress commissions under the version of that section as it exists on or after the effective date of this amendment. R.C. 3302.036(B) (emphases added). Thus, in light of this amendment, while ODE could not rely on report card rankings with regard to determinations about the old pre-ADC bill academic distress commissions, ODE could rely on report card ratings to identify school districts that would be subject to the new form of academic distress commission under the ADC Bill. This language, however, did not say how ODE would go about identifying such school districts. As noted above, under R.C. 3302.10, districts generally become subject to ADCs based Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 12 on three successive years of an overall grade of “F” on the district report card. See R.C. 3302.10(A)(2). But, as also noted above, at the time the General Assembly enacted the ADC Bill, R.C. 3302.036(A) prohibited ODE from determining an overall grade for a district in the 2014- 15 school year. That was only a one-year prohibition, though, so absent later action by the General Assembly to extend this prohibition on issuing overall letter grades beyond the 2014-15 school year, ODE would next issue 2015-16 report cards, and those report cards would include overall letter grades calculated pursuant to R.C. 3302.03(C). In other words, R.C. 3302.036(A)’s prohibition on the assignment of overall letter grades would lapse according to its terms, meaning that ODE would both issue overall letter grades in the 2015-16 report card and consider those overall letter grades for any purpose, including identifying the school districts that would be subject to an ADC under the ADC Bill. Through uncodified law, the ADC Bill also provided for another contingency. The General Assembly recognized that it may take action to extend R.C. 3302.036(A)’s prohibition on the issuance of overall letter grades to cover subsequent school years (such as 2015-16 or later), as was then being proposed in the pending budget bill (discussed in more detail below). In uncodified Section 6 of the ADC Bill, the General Assembly explained how to handle that situation: “[i]f the requirement to assign an overall letter grade for school districts under division (C) of section 3302.03 of the Revised Code is delayed beyond the report card issued for the 2015- 2016 school year”—which, again, was the next report card that would then be issued, in September 2016, see R.C. 3302.03—then ODE was instructed to use “equivalencies” in place of the overall letter grade in making the ADC determination: If the requirement to assign an overall letter grade for school districts under division (C) of section 3302.03 of the Revised Code is delayed beyond the report card issued for the 2015-16 school year, then the Department shall use equivalencies for the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 13 purposes of section 3302.10 of the Revised Code until such time as the Department is authorized to assign an overall letter grade for districts: (1) A combination of a grade of “C” or higher for the performance index score and a grade of “C” or higher for the value-added progress dimension under division (C) of section 3302.03 of the Revised Code shall be equivalent to an overall letter grade of “C” or higher. (2) A combination of a grade of “F” for the performance index score and a grade of “F” for the value-added progress dimension under division (C) of section 3302.03 of the Revised Code shall be equivalent to an overall letter grade of “F.” (See Ex. C at 31, § 6(a)). Governor Kasich signed the ADC Bill on July 15, 2015, and Bill took effect on October 15, 2015.3 (Id. at 33-34). In other words, this language contemplated that the General Assembly may extend the prohibition on assigning overall letter grades beyond the time at which the 2015-16 report card would issue, meaning that this report card would once again reflect no overall letter grade. In that event, ODE was to rely on “equivalencies for purposes of” the new ADC statute “until such time as the Department is authorized to assign an overall letter grade for districts.” To determine these “equivalencies,” ODE was instructed to look to the “combination” of two of the school district’s component grades, the “performance index” and “value-added progress” grades. (Again, under R.C. 3302.036, ODE was free to issue component grades in each annual report card, just not an overall grade.) If both of these two specified component grades were an “F”, that would be “equivalent to an overall letter grade of ‘F’,” (see Ex. C at 31 § 6(a)), but only for purposes of the ADC Statute, (see id., § 6(b) (“The equivalencies established in this section shall 3 The District states that October 15, 2015 was the date of the ADC Bill’s enactment. (See Mot. at 14). This is incorrect. The ADC Bill was enacted by the General Assembly when it passed that body. The Bill took effect 91 days after its signing by Governor Kasich, on October 15, 2015. (See Ex. C at 33-34 (stating the ADC Bill’s passage, signing, and effective date)). Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 14 not be used for any purpose other than as prescribed in this section,” that is, “for purposes of section R.C. 3302.10.”)). Thus, under the ADC Bill as enacted, through codified and uncodified law, R.C. 3302.036 applied only to the 2014-15 school year; prohibited ODE from assigning an overall letter grade to a school district for that school year; allowed ODE to assign component grades to a school district for that year; and specified that report card ratings from that year—including the component grades that ODE remained free to assign—could not be used to determine whether a school district would be subject to certain sanctions or penalties. But, as amended, R.C. 3302.036(B)(3) now specified that R.C. 3302.036(A) would not exempt a school district from operation of the newly enacted ADC Statute. And in uncodified law, the General Assembly instructed ODE on how to identify school districts subject to this new kind of ADC— either through the overall letter grade on the report card for 2015-16 forward, or, if the General Assembly extended the prohibition on such letter grades contained in R.C. 3302.036(A) to cover additional report card reporting periods, through the use of “equivalencies” for any school year during which the prohibition on overall letter grades remained in place. 3. The General Assembly Further Extends Limits On Use of Report Card Ratings, Triggering The Equivalency Mechanism Of Uncodified Section 6 Of The ADC Bill. Finally, on June 26, 2015—two days after passage of the ADC Bill—the General Assembly enacted HB 64 (the “Budget Bill”). (See Exhibit D, Excerpts of Am. Sub. HB 64, as signed and enacted, at 20-21). As relevant here, the Budget Bill amended R.C. 3302.036(A) to extend that statute’s various prohibitions regarding the report card rating system to additional years. That Section now reads (new language in bold italics): Notwithstanding anything in the Revised Code to the contrary, the department of education shall not assign an overall letter grade under division (C)(3) of section 3302.03 of the Revised Code for any school district or building for the 2014-2015, Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 15 2015-2016, or 2016-2017 school years, may, at the discretion of the state board of education, not assign an individual grade to any component prescribed under division (C)(3) of section 3302.03 of the Revised Code, and shall not rank school districts, community schools established under Chapter 3314. of the Revised Code, or STEM schools established under Chapter 3326. of the Revised Code under section 3302.21 of the Revised Code for those school year years. The report card ratings issued for the 2014-2015, 2015-2016, or 2016-2017 school years shall not be considered in determining whether a school district or a school is subject to sanctions or penalties. However, the report card ratings of any previous or subsequent years shall be considered in determining whether a school district or building is subject to sanctions or penalties. Accordingly, the report card ratings for the 2014-2015, 2015-2016, or 2016-2017 school years shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years. R.C. 3302.036(A) (emphasis added). Governor Kasich signed the Budget Bill into law on June 30, 2015, and this amendment took effect September 29, 2015. (Ex. D at 19). This relevant language remains in effect today. Thus, after passage of the 2014 Act, the ADC Bill, and the Budget Bill, R.C. 3302.036(A) now applies to the 2014-15, 2015-16, and 2016-17 school years; prohibits ODE from assigning an overall letter grade to a school district for any of those school years; allows ODE to assign component grades to a school district for those years; and, specifies that report card ratings from those years—including the component grades that ODE remained free to assign—cannot be used to determine whether a school district would be subject to sanctions or penalties, except that R.C. 3302.036(B)(3) allowed ODE to use report card ratings to identify the school districts subject to an ADC under the strengthened framework established in the ADC Bill. And, of course, by extending R.C. 3302.036(A)’s ban on overall grades to include later school years (i.e., the budget bill delayed the prohibition beyond the time at which the 2015-16 report card was due), the Budget Bill triggered the contingency earlier addressed in Section 6 of the ADC Bill. That is, “the requirement to assign an overall letter grade for school districts under division (C) of section 3302.03 of the Revised Code” had now been “delayed beyond the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 16 report card issued for the 2015-2016 school year,” until, at the earliest, September 2018, when the 2017-18 report card would issue. Thus, for the 2015-16 and 2016-17 school years, ODE was instructed to look to a school district’s equivalency score “for the purposes of section 3302.10 of the Revised Code.” In short, there is no conflict among the various statutory provisions. Rather, for the 2015­ 16, 2016-17, and 2017-18 school years, for purposes of identifying the school districts that would be subject to an ADC under the ADC Bill, Ohio law mandated the following measures: School Year 2015-16 School Year Grade for Purposes of ADC Statute Equivalency Grade 2016-17 School Year Equivalency Grade 2017-18 School Year Overall Letter Grade How Calculated Combined scores on performance index and value-added progress scores as specified in HB 70, § 6 (Ex. C) Combined scores on performance index and value-added progress scores as specified in HB 70, § 6 (Ex. C) Method specified in R.C. 3302.03 and related provisions of the Ohio Administrative Code As described below, that is exactly what ODE did here in deciding that the District was subject to an ADC. C. ODE Issues Report Cards For The District For The 2015-16, 2016-17, and 2017-18 School Years, And Those Report Cards Mandate Establishment Of An ADC. As provided through the statutory framework described above, for each school year since the June 2015 passage of the ADC Bill and the Budget Bill, ODE has issued report cards for all school districts, including the District. The 2015-16 and 2016-17 report cards included letter grades for each of the components set forth under R.C. 3302.03(C)(3), but did not include an overall letter grade calculated under that section (as R.C. 3302.036(A) prohibited ODE from issuing such overall grades). But, because R.C. 3302.036(A)’s prohibitions on issuance of an overall letter grade had lapsed as of the time that ODE issued 2017-18 report cards last week, Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 17 those most recent report cards included letter grades for each of the components, as well as an overall letter grade for the district. For East Cleveland, the data reflected in each of these annual report cards mandates the establishment of an ADC. In its 2015-16 and 2016-17 report cards, which did not include an overall letter grade, ODE relied on the uncodified language in Section 6 of the ADC Bill to create an equivalency. The District received “F” grades in both report cards’ performance index and value-added progress components. (See Exhibit E, Certified Report Cards for School Years 2015-16, 2016-17, and 2017-18). Thus, for both school years, the District received “[a] combination of a grade of ‘F’ for the performance index score and a grade of ‘F’ for the valueadded progress dimension under division (C) of section 3302.03 of the Revised Code.” Under the language of the uncodified Section 6 described above, these combined scores are “equivalent to an overall letter grade of ‘F’” for purposes of the ADC Statute. Then, in its 2017-18 report card, the District received an overall letter grade of “F” (See Ex. E, 2017-18 Report Card). Thus, based on its report card ratings in 2015-16, 2016-17, and 2017-18, the District “had received an overall grade of ‘F’ under division (C)(3) of section 3302.03 of the Revised Code for three consecutive years.” R.C. 3302.10(A)(2). Given that track record, ODE has no discretion in this matter: “the superintendent of public instruction shall establish an academic distress commission for” the District. Id. (emphasis added). STANDARD OF REVIEW “Injunctive relief is an extraordinary remedy and is issued cautiously and sparingly.” OnX USA LLC v. Sciacchetano, No. 1:11-CV-2523, 2013 U.S. Dist. Lexis 40238, at *6 (N.D. Ohio Mar. 7, 2013) (denying TRO and preliminary injunction). “A temporary restraining order is an injunctive form of relief intended to prevent the applicant from suffering immediate and irreparable harm.” Coleman v. Wilkinson, 147 Ohio App.3d 357, 358 (10th Dist. 2002) (per Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 18 curiam). “In determining whether to grant a temporary restraining order, a trial court must consider whether the movant has a strong or substantial likelihood of success on the merits of his underlying claim, whether the movant will be irreparably harmed if the order is not granted, what injury to others will be caused by the granting of the motion, and whether the public interest will be served by the granting of the motion.” Id. (citing Corbett v. Ohio Bldg. Auth., 86 Ohio App.3d 44, 49 (10th Dist. 1993)). The District’s burden is heavy. To establish a right to a TRO, as with other forms of preliminary injunctive relief, it must prove each of these elements by clear and convincing evidence. See Hydrofarm, Inc. v. Orendorff, 2008-Ohio-6819, ^ 18 (10th Dist.) (preliminary injunction); Abercrombie & Fitch Mgmt. Co. v. Mack, Franklin C.P. No. 13-CV- 008989, 2013 Ohio Misc. Lexis 11899, at *1 (Ohio Aug. 20, 2013) (TRO). Here, the District cannot establish any of the four elements, let alone each of them, by clear and convincing evidence. LAW AND ARGUMENT A. The District Fails To Establish Irreparable Harm. A showing of irreparable harm is “the single most important prerequisite” for the issuance of emergency injunctive relief. See, e.g., Reuters Ltd. v. United Press Int’l, Inc., 903 F.2d 904, 907 (2d Cir. 1990). And, in answering that question in the context of a TRO, the sole question under Ohio law is “whether the movant will be irreparably harmed if the order is not granted.” Coleman, 147 Ohio App.3d at 358 (emphasis added). Thus, the only question before the Court in connection with the TRO here is whether irreparable harm will occur if the ADC is allowed to move forward with its preliminary appointments and meetings, not whether harm might occur at some later point down the road if some future relief is not granted. The District has fallen well short of establishing by clear and convincing evidence any such immediate and irreparable harm here. What the District asks this Court to enjoin at this Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 19 juncture is nothing more than the appointment of members to the ADC who would then begin the many months’ long process of taking steps to develop a performance plan. (See Plaintiff’s 9/19/18 Proposed Order and Journal Entry). The appointments are a mere first step in a monthslong process—a process, it bears noting, that was triggered by three years of inadequate performance scores—but a process that is far from complete. In September 2016, the District received failing component grades on its report card for the 2015-16 school year. The District again received failing grades on its 2016-17 report card the following year. Last week, the District earned an overall grade of “F” on its report card for the 2017-18 school year. Because the District earned a failing grade for a third consecutive year, R.C. 3302.10(A) required the Superintendent of Public Instruction to commence the ADC process. The Superintendent took his first step in that process by sending a September 13, 2018 letter notifying the District of its qualification for an ADC. Pursuant to statute, upon receipt of this letter, the District and two other designees (the State Superintendent and the mayor of East Cleveland) will have 30 days to appoint members to the ADC. R.C. 3302.10(B)(1). Once the appointments are completed, the State Superintendent will then designate one of the appointees to serve as chairperson of the ADC. Id. Then, the ADC will begin the process of meeting and undertaking efforts to locate and select a CEO, which the ADC statute requires the commission to do within 60 days of the designations of the chairperson. R.C. 3302.10(C)(1). Upon the appointment of the CEO, the CEO must, over the course of the next 90 days, meet with diverse groups of stakeholders on a community-wide and school-by-school basis to develop expectations for an academic improvement plan. R.C. 3302.10(E)(1). The CEO, in consultation with these stakeholder groups, must formulate an overall plan directed at improving the district’s academic performance, which the CEO must then Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 20 submit to the commission within 90 days of his or her appointment. R.C. 3302.10(E)(2). Upon submission of the improvement plan, the ADC then has 30 days to review and approve or suggest modifications to the plan. Id. If the commission suggests modifications, the CEO has 15 days to revise and resubmit the plan. Id. Finally, the commission then has another 30 days to approve the resubmitted plan. Id. As a practical matter, the CEO is unlikely to make major changes to district operations until that plan is approved. Accordingly, the District has rushed to this Court, not to enjoin any immediate threat of major disruption of the District’s operations, but instead in a misguided effort to enjoin the mere appointment of members to an ADC as part of the preliminary steps under the ADC statute. The District apparently does not want the ADC to even begin to form, even though the formation of the ADC and preliminary meetings are not likely to have significant impact on the District. To that end, the District sets forth a speculative parade of horribles without any actual factual support—for example, that teachers and students will suddenly flee the District merely because individuals have been appointed to an ADC to begin meeting to discuss how to improve the District. Even more difficult to understand is the District’s similarly speculative assertion that there will be a spike in student-on-student violence once students learn that commission members have been appointed. In short, there is no emergency here. Regardless of the merits of the District’s arguments (and for reasons explained herein, there are none), the District has failed to establish any irreparable harm that will result absent an immediate, emergency TRO. Accordingly, the District’s current motion should be denied, allowing the Court to decide the issues in this lawsuit pursuant to the normal course of litigation. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 21 B. The District Cannot Show A Substantial Likelihood Of Success On The Merits Of Any Of Its Claims. “To establish a likelihood of success on the merits, a plaintiff must show more than a mere possibility of success. A plaintiff must establish a substantial likelihood or probability of success on the merits.” Doe v. Ohio State Univ., 136 F. Supp.3d 854, 862 (S.D. Ohio 2016) (emphasis added). The District advances three claims, each with no likelihood of success, let alone a substantial likelihood. First, the District incorrectly claims that it cannot be subject to an ADC because Ohio law prohibited ODE from assigning an overall grade to the District for the 2015-16 and 2016-17 school years. Second, the District contends the report card for the 2017-18 school year, created using data certified by the District, contains some vague “errors.” Finally, the District argues that HB 70 (the ADC Bill) violates the three-reading rule contained in Article II, Section 15(C) of the Ohio Constitution. The District cannot show any of its three claims have a substantial likelihood of success on the merits, and therefore the TRO Motion should be denied. 1. Ohio Law Statutory Law Mandates Establishment Of An ADC For The District. It is well settled that statutes should be applied according to their plain language. Sugarcreek Twp. v. City of Centerville, 133 Ohio St.3d 467, 473 (2012). As more fully described in the background section above, the statutory text here required ODE to use equivalent grades for the 2015-16 and the 2016-17 academic years, and overall letter grades for the 2017-18 academic year, in determining whether a given district is subject to an ADC. That is merely a straightforward reading of the text of the various applicable codified and uncodified provisions at issue. More particularly, R.C. 3302.10 bases the ADC determination on a given district receiving three successive years of “Fs” for an overall grade. As described above, though, R.C. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 22 3302.036(A) prohibited ODE from issuing these overall grades for the 2015-16 and the 2016-17 academic years, but allowed ODE to issue report card component scores for those years. And 3302.036(B) made it clear that there was no prohibition on ODE using those component scores in making its ADC determination. Uncodified Section 6 of HB 70, meanwhile, provides that, in lieu of the prohibited overall grades, ODE must use an “equivalency” grade based on two component scores on the report cards for those two years. Finally, it is undisputed that the prohibition on ODE issuing overall grades to a district ended for the 2017-18 academic year. Thus, under the plain statutory text, the General Assembly was instructing ODE to use equivalency grades for 2015-16 and 2016-17, and actual overall grades for 2017-18. That is exactly what ODE did. Here, East Cleveland does not dispute that its equivalent grades for 2015-16 and 2016-17 (which are based on two components of the six components listed on the report cards) were “Fs”. Moreover, in the recently issued report card for 2017-18, East Cleveland likewise received an overall grade of “F” And, as more fully described below, the District has no substantial probability of showing that this grade is wrong. Thus, by clear and non-discretionary statutory mandate, East Cleveland is subject to an ADC. See R.C. 3302.10 (The “superintendent of public instruction shall establish an academic distress commission for any school district that.... has received an overall grade of ‘F’ under division (C)(3) of section 3302.03 of the Revised Code for three consecutive years.”). East Cleveland challenges this by claiming that there is some sort of conflict among the various provisions as to how to determine the appropriate grade for ADC purposes for the 2015­ 16 school year. But that is simply wrong. As set forth above, there is no conflict. Rather, all of the provisions point to the inescapable conclusion that for 2015-16 and 2016-17 ODE is to use equivalent grades, and for 2017-18 ODE is to use the overall letter, in determining whether a Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 23 district is subject to an ADC. That is what ODE did. The District thus has no likelihood of success on its claim that ODE failed to implement the statutes correctly. 2. The District Has Not Shown That The Alleged Data Errors Had Any Impact On Its 2017-18 Overall Letter Grade. The District’s annual report card grades are determined by data largely reported by the District itself. Throughout the course of the school year, the District has the opportunity to “appeal” the reported data that is ultimately used to calculate report card grades. In fact, the District availed itself of the appeal process twice during the 2017-18 school year, and both times, the District was granted the opportunity to correct data that the District had reported. Nonetheless, the District complains about so-called “errors” in the 2017-18 report card data, and says these alleged errors somehow void its overall letter grade for 2017-18, which was an “F.” As described below, many of the complaints concern summations in a preliminary report card, which had no bearing on the final report card that assigned the District its overall “F” letter grade. And for the other complaints, the District merely states in a conclusory fashion that the data is suspect or wrong, and, worse still, does not explain how supposedly “corrected” data would change its overall grade to anything other than an “F.” That is simply not sufficient to allow the District to clear the high bar required for its TRO request. First, the District spills much ink complaining about an errant table on a preliminary report card that ODE supplied to the District in advance of issuing the final report card on September 13, 2018. The District notes that a chart that appears in the lower left-hand corner of the preliminary report appears to reflect incorrect multiplication. (See Mot., Corley Aff., Ex. A). These claims are irrelevant, though, for multiple reasons. First, the preliminary report card is just that—preliminary. ODE did not rely on the preliminary report card to determine the District’s overall letter grade for 2017-18; ODE relied on the final report card to make that Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 24 determination. Therefore, the content of the preliminary report card—whether mistaken or not— is not germane to determining the District’s qualification for an ADC under the ADC statute. Second, each of the six component points contained in the boxes of the preliminary report card are correct and appear in the final report card. Finally, as a factual matter, the multiplication “errors” on the preliminary report card appear to reflect nothing more than a rounding error that occurred when the preliminary report cards were uploaded to the “cloud,” so that that school districts could access them. The bottom line is that the table summaries used in the preliminary report card—whether right or wrong—had no bearing on the final report card, and thus do not establish a substantial probability of success for the District on its data challenge here. The District fares no better in pointing to alleged shortcomings in the data underlying the final 2017-18 report card. It first complains, for example, that the report card misstates the percentage of principals who have bachelor’s degrees—but that figure, even if wrong, plays no role in a District’s overall grade, and thus is irrelevant. The District next complains that ODE was not able to provide so-called “Value Added” data on a student-by-student basis, and therefore the grade earned by the District is suspect. The “Value Added/Progress” component of the report card looks closely at the growth that all students are making based on their past performance. School districts report the data for each student and ODE, through a vendor, applies formulas to that data to measure a district’s performance and assign a grade. ODE does not maintain a student-by-student analysis of the data input by districts, but school districts have access to an “EVAAS” website where they can review certain data. Finally, the District makes much of the fact that for report card purposes, ODE uses data for the prior academic year to calculate graduation rates. That is, the graduation grade earned by a school district on its 2017-18 report card is based on four- and five-year graduation data for the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 25 period ending with the 2016-17 school year. This prior-year approach applies across all school districts and is one of practicality—by law, final report cards must be issued each September, leaving insufficient time to account for school districts’ summer school graduation data in the current year. In other words, the list of graduates for the 2017-18 school year cannot be finalized by early September 2018, because the school districts themselves are still reporting data related to summer school graduates. This also aligns with the ESSA state plan that was submitted to and approved by the U.S. Department of Education. The use of this data is neither “arbitrary” nor “misleading” as the District alleges. The District itself acknowledges the reason for this approach and notes public documents identifying the data used to determine graduation-rate scoring, which has been ODE’s standing practice for reporting purposes for years. Finally, even if there was an “error” in using the 2016-17 graduation rate, rather than the 2017-18 numbers (and there was not), the District cannot show, and certainly has not shown, that substituting in the 2017-18 numbers would change its overall grade (an “F”) in the least. 3. As The Tenth District Has Already Found, The General Assembly Did Not Violate The Ohio Constitution’s Three-Reading Rule When It Enacted The ADC Bill Because Amendments Did Not “Vitally Alter” The Bill. Separately, the District’s sole remaining challenge—a three-reading-rule challenge to HB 70 (the ADC Bill)—likewise fails, just as the exact same challenge to HB 70 failed before another court (which was affirmed on appeal). See Youngstown City Sch. Dist. Bd. ofEduc. v. State, 2018-Ohio-2532, ^ 22 (10th Dist. 2018) (affirming trial court’s denial of plaintiffs’ threereading-rule challenge to HB 70). The three-reading rule requires each chamber of the General Assembly to consider each bill on three different days (absent a two-thirds vote to suspend the rule). Ohio Const. Art. II, § 15(C). And here there is no dispute that each chamber of the General Assembly considered the ADC Bill on (at least) three separate days. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 26 Thus, the District’s three-reading-rule challenge depends entirely on its argument that amendments made to the ADC Bill during the legislative process served to reset the threereading counter and require an additional three readings beyond those that had already occurred. Of course, amendments happen routinely during the legislative process, and amendments reset the three-reading counter only if the amendments “vitally alter the substance” of the original bill. Hoover v. Bd. of County Comm ’rs, 19 Ohio St.3d 1, 5 (1985). “Vital alteration” is a high hurdle and means “departing entirely from a consistent theme.” State ex rel. Ohio AFL-CIO v. Voinovich, 69 Ohio St.3d 225, 233 (1994). In other words, it is only if the amendments change the entire subject matter area of a bill—from education to agriculture, for example—that each chamber must start over with three new readings of the bill as amended. That is because, in such situations, the amended bill is essentially a brand-new bill. Here, though, as the Tenth District has already found, the ADC Bill, from the first introduction through enactment, has been directed at one thing, and one thing only—legislative efforts to address and improve failing schools. Thus, the three-reading-rule challenge fails as a matter of law. In light of recently decided Tenth District precedent that is exactly on point, the District cannot come close to showing a substantial likelihood of success on its identical challenge here. Indeed, the Tenth District considered, and rejected, every one of the arguments that the District presses on the three-readings front here. To be sure, that precedent is not binding on this Court, but certainly the precedent shows that the District does not have a substantial probability of success on its claim, where such success would turn on convincing this Court to simply ignore on-point Tenth District precedent. C. The District’s TRO Would Harm Third Parties And The Public Interest. The District likewise stumbles on the two remaining elements it must show—a lack of harm to third-parties and that the public interest supports granting a TRO—because the District Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 27 simply ignores the students and the public in its analysis. In particular, the relief the District seeks will cause students in underperforming school districts, like East Cleveland City School District, to spend yet another school year in ineffective classrooms, falling further behind in their development. The District has been on notice of its inadequate performance for years and has yet to improve. Some change is vital for the students in East Cleveland. Enjoining the operation of the ADC statute will prevent the preliminary steps toward that necessary change—leaving the children stuck in their current educational quagmire. For similar reasons, the District also cannot hope to satisfy the public interest prong. The public’s interest in the public education in Ohio is in having schools that are effective and properly educating students, and in seeing the laws of this State enforced. The General Assembly has concluded that the measures in the ADC statute serve the ends of effective education. The District may have a different view—but the question then is whether the District’s self-interested view should trump that legislative determination. Of course, it should not. Defendants respectfully urge the Court to reject the District’s invitation to interfere with the legislature’s policy decisions regarding the best mechanism for addressing consistently failing public school districts. CONCLUSION As this District has failed to establish by clear and convincing evidence any of the elements necessary to support a temporary restraining order, Defendants respectfully request this Court to deny the District that relief. Date: September 21, 2018 Respectfully submitted, /s/Douglas R. Cole_ _ _ _ _ _ _ _ _ Douglas R. Cole (0070665) Carrie M. Lymanstall (0084393) Sean M. Stiff (0091811) Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 28 David J. Twombly (0092558) Organ Cole llp 1330 Dublin Road Columbus, Ohio 43215 614.481.0900 614.481.0904 (f) drcole@organcole.com cmlymanstall@organcole.com smstiff@organcole.com djtwombly@organcole.com Attorneys for Defendants State of Ohio, the Ohio Department ofEducation, and Superintendent ofPublic Instruction Paolo DeMaria Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 29 CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 21, 2018, a true and accurate copy of the foregoing was served via electronic mail to the below-listed counsel for Plaintiff. Donna M. Andrew, Esq. Christian M. Williams, Esq. Brian J. DeSantis, Esq. Samantha A. Vajskop, Esq. PEPPLE & WAGGONER, Ltd. Crown Centre Building 5005 Rockside Road, Suite 260 Cleveland, Ohio 44131-6808 Tel: (216) 520-0088 Fax: (216) 520-0044 dandrew@pepple-waggoner.com cwilliams@pepple-waggoner.com bdesantis@pepple-waggoner.com svaj skop@pepple-waggoner.com Attorneys for PlaintiffEast Cleveland City School District Board ofEducation Thomas C. Drabick, Jr., Esq. OAPSE 6805 Oak Creek Drive Columbus, Ohio 43229 Tel: (614) 890-4770 Fax: (614) 890-3540 tdrabick@oapse.org Attorney for OAPSE/AFSCME Local 4, AFLCIO and Local 181 Kathleen K. McKinley, Esq. Brad M. Zebedis, Esq. Baasten, McKinley & Co. LPA 4150 Belden Village Street, Suite 604 Canton, Ohio 44718 Tel: (330) 492-0550 Fax: (330) 492-0588 kmckinley@bmcolawfirm.com bzebedis@bmcolawfirm.com /s/Douglas R. Cole_ _ _ _ _ _ _ _ _ One of the Attorneys for Defendants Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH As Passed by the House 131st General Assembly Regular Session H. B. No. 70 2015-2016 Representatives Driehaus, Brenner Cosponsors: Representatives Henne, Kuhns, Fedor, Strahorn, Lepore-Hagan, Phillips, Patterson, Bishoff, Blessing, Reece, Curtin, Antonio, Ramos, Smith, R., Amstutz, Anielski, Baker, Barnes, Boyd, Butler, Celebrezze, Clyde, Craig, Derickson, Gerberry, Green, Grossman, Hackett, Hambley, Hayes, Howse, Huffman, Johnson, G., Johnson, T., Kunze, LaTourette, Leland, McClain, O'Brien, M., O'Brien, S., Perales, Rogers, Ruhl, Schaffer, Scherer, Sheehy, Slaby, Slesnick, Smith, K., Stinziano, Sykes, Terhar, Young, Speaker Rosenberger A BILL To enact sections the Revised and community learning school 3302.16, Code to authorize schools center 3302.17, to process and school initiate to 3302.18 assist a of 1 districts 2 community and 3 guide 4 restructuring. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. the Revised Sec. 3302.18 school Code the or effort educational, sections enacted (A)(1) Revised operated by Revised based be 3302.16. of district the That a to As Code, city, 3302.16, read used in exempted school Code participates with as 3302.17 or established under family, 3302.18 6 of a to 7 learning village, community partners developmental, sections in and follows: "community community that 3302.17, center" local provide and health means school Chapter coordinated, 8 and 3314. a 10 of 11 community- 12 comprehensive services to 13 14 H. B. No. 70 As Passed by the House Page 2 students, families, and hours in which (2) 3302.18 For of provider care team or less than student, the or student the obtained in Sec. buildinq the 3302.17. (A) or a a the the means the by a to written eighteen center and community school a any if the consent and This applies city, years which federal to any or the a 23 of 24 is the 26 28 shall, 29 laws, 30 information 31 32 local 33 school Chapter 3314. conditions apply: 34 35 36 37 (1) the 25 27 school followinq 21 22 services. established under any of action old. center 19 20 employee, exempted villaqe, school health student of 17 18 consent of patient-identifying section a student, learning state of and and any other written health to 3302.17 Revised Code. of providinq community Revised Code, sections custodian, least a 15 16 services or applicable course of obtain or at confidentiality operated by district, old, learninq all and appropriate shall hours session. coordinators, health of school community members 3302.18 is volunteer with or quardian, years A community maintain the center durinq "community partner" resource section in section determined parent, accordance this providing eiqhteen contractor, of to learninq if (C) in proqrams student's not families, on-site Prior community the students, created under (B) of is Revised Code, services, services community members school purposes the to and "No The Child Left between the secretary of (2) lowest buildinq The Ohio is in improvement Behind Act department of of 2001" status or education as under and defined by 38 aqreement 39 an the United States education. buildinq achievinq is 40 41 a secondary fifteen per cent of school that secondary is amonq the schools Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 42 43 H. B. No. 70 As Passed by the House statewide, (3) rate of as The Page 3 determined by building sixty per is cent a or the department. secondary lower for 44 school three with a or more qraduation 45 consecutive 46 years. 47 (4) The determines (5) but for is which qoverninq as a school any school First, public learninq all to board applies of to center the not learninq the a such or followinq in with The of to If to the board of or year, shall the qoverninq public each 56 process 57 for advance sites 58 59 conduct a to which 60 this community 61 62 authority may do information 63 64 hearinq: (1) 54 55 qoverninq center 52 53 requirements buildinq of the 51 applies. school board or or operation school authority community 50 buildinq. school section status the the learninq each reqard education the community qoverninq at improvement operation, this inform the process. 48 49 approves 2015-2016 which or department center. community information hearinq section is authority education buildinq the that section may apply initiate the low performinq. approves Beqinninq with district board of that district board community authority authority may school qoverninq prescribed by this (B) a buildinq the school school is persistently A school community the buildinq 65 Announce at the school and usinq individuals the tools with (2) Schedule (3) Provide meetinq and on to not the ensure less than school's effective or forty-five district's days in web communication with disabilities; the meetinq 66 67 68 69 for interpretation an eveninq services or weekend time; and written materials Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 70 71 H. B. No. 70 As Passed by the House in all lanquaqes enrolled in (4) the Page 4 spoken by five per cent or more of the students school; Provide 73 child care services for parents attendinq the 74 meetinq; 75 (5) Provide employees, at parents, students, and community members teachers, with the nonteachinq opportunity to 76 speak 77 the meeting; (6) 78 Comply with In preparinq or qoverninq hearinq is The section for the authority shall qoverninq any civic orqanizations, or employee implementation of the under the board or at the least apply (C) Not information conduct become an a school than hearinq, the election, and nonteachinq to the into center of board 80 about the 81 an 83 84 the 85 process. conduct is 82 community support school the community. enter to 79 a follow-up further buildinq this 86 taken or section forty-five board or until 89 no 90 91 days school who a and joint attend are after qoverninq center. 87 88 buildinq. entitled to employees the shall (A) by paper ballot, the hearinq, information action division learninq in learninq authority operated by otherwise the in Revised Code. orqanizations, orqanizations respect sooner are in the school enqaqement annually until described to but vote once enrolled different that authority may qoverninq community students the information ensure community section with conditions lonqer of broadly distributedthrouqhout board or The 149.43 public aqreement with hearinq 72 to the authority initiate Only parents students the or the and 92 93 process to 94 quardians of 95 in school school, assiqned to shall enrolled vocational the first public a district teachers school may election. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 96 97 98 99 100 H. B. No. 70 As Passed by the House The ballots and on board or by mail the web Page 5 qoverninq and authority shall make site of the ballots to ballots with (D) teachers every The of results the are as the buildinq election to a or 102 qoverninq the and 103 sendinq school shall community learninq division initiate (C) 104 home 105 buildinq. authority held under school by directly giving employees in the 101 the center of this 106 107 if the section At least enrolled enrolled in school a fifty per in the by a those (2) date ballots initiatinq the At employees set by the eliqible are set by at are board and quardians buildinq operated by to board or a and joint attend the qoverninq cent of students 112 vocational 113 school cast 114 and 115 of 116 authority, are in favor 117 cent the qoverninq cent of teachers school authority, are in favor and nonteachinq cast ballots by and ballots of of those initiatinq a 118 date at the under create If a school Within shall conduct parental community section, Code. partners, 120 122 this a 119 121 process. (E) 109 111 and assiqned to sixty-seven per school sixty-seven per fifty per or of parents entitled the least process; least who cent different buildinq district but who ballots 108 110 students least ballots enrolled qoverninq board at the follows: (1) of the distribute available The nonteachinq student board or transition of and copies school. authority also may distribute shall a learninq center process board or qoverninq team under section the action four months and complete, performance input, restructurinq upon the under in audit needs of section selection, the the 3302.18 the school school 3302.10, initiated authority of school consultation with of is and with 3302.12, shall 124 the 125 Revised action team community review, reqard or 123 127 with 128 to 3302.042 126 129 of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH the 130 H. B. No. 70 As Passed by the House Revised Code, The its or school work in action Upon team complies of this federal action a public specifications (F) Page findings at the learning center interventions, of same After public the its audit findinqs specifications the school hearing, which may be department quarterly updates complies division with the (B) of and review, at a this shall that desiqnates based on under the section. 134 the 135 school hearing in a that division (B) its 139 appropriate 140 (H)(1)(b) of 141 this 142 143 there planninq is a process, federally mandated the team shall school coordinate improvement its 144 work with that plan. school action team shall approve the plan by a 147 majority vote. (G) plan Upon team to the approval submit same in the shall the school of the be education authority, results section (1) students At the are least enrolled as of in as or center division community the election the (C) that plan school under team, 149 improvement election indicated under submit action to of this shall the 150 151 be 152 division. 153 the 154 qoverninq division 155 (G) of follows: thirty per in school learninq described team shall district board of if the distributed and an same manner action plan by community individuals Ballots conducted The 148 shall section. this 145 146 The the 137 community section. If 136 138 recommendations division 132 133 team presents create of same public prescribed action it improvement plan the provide that in present the section. developed by hearinq prescribed shall 131 team shall completion with law. 156 157 cent eliqible of parents school and buildinq quardians and of students Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 158 159 H. B. No. 70 As Passed by the House enrolled school by a those different building date ballots initiating (2) the At employees board board or authority plan. If in the the department Adopt are vocational school favor 161 and 162 of 163 of in by and ballots shall The of or written the or a 165 date at process. the not adopt explanation plan 170 of the the action of why 173 174 do all of the following with 175 176 regarding the elections required under 177 178 Develop center appropriate Publish division a menu offered by community posted on the existing (2) shall community The (F) learning of this solicit learning site. input To a community used by a 179 school 181 services The that may be information compile this from resource shall the following 182 be information coordinators centers. department may do 180 section; and centers. web for that may be of programs department's department interventions improvement plan team under (c) 171 172 section; learning 167 169 rejected. shall 166 168 governing adopt portions authority does a those evaluate board full nonteaching cast ballots initiating authority it. and section: rules 160 cast authority, in teachers school favor provide The this governing authority, governing shall attend the cent of the plan (H)(1) to cent adopt plan were (b) this to the (a) the in of respect this it joint 164 governing board or full, portions are adopt a and governing whether shall fifty per assigned to cent to board or thirty per or operated by entitled the least process; are and determine plan at fifty per The are set by least who set by the least a district but who ballots of in Page 7 of 183 184 185 186 with respect to section: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 187 188 H. B. No. 70 As Passed by the House (a) school under Provide action this (b) teams Page 8 assistance, teams in the strategies opportunities schools with parents, stakeholders in hiqher financial planning process and implementation of 4117. of bargaining center to be required 190 any in improvement 193 relevant 194 a 195 team's 196 qrant program to assist in the 197 plan. 198 the the center contrary requirements provisions on board learninq to the or or organization may in 192 action into the action school conflicting entered school schools; Revised Code, considered after of the governing negotiate adoption of a of a in 199 this 200 collective effective 201 date authority and 203 additional community 3302.18. for school any school or (a) of !f not the a community section a Revised Code, team for the twelve members, individuals, a community school 204 learning 205 as of the center 207 Revised Code 208 city, exempted village, school established under the governing school learning 3302.17 operated by or community Seven students are of action consist building district 3314. education (A)(1) initiated under school Chapter 202 206 is who a of and other any provision However, labor process of 189 plan. Sec. local the agreement teachers' factors audit school qualified community over section. share support create Notwithstanding section prevail the a to performinq Provide this the for members teachers, (c) of of to 191 from different Chapter conductinq and training section; Provide (!) facilitation, or building. The shall team 211 create shall follows: consisting enrolled in the school teachers or nonteaching 210 district board of authority 209 a 212 213 214 of parents or guardians and members of the community employees, as elected by Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 215 216 217 H. B. No. 70 As Passed by the House Page 9 their peers; (b) Five assiqned of 218 to the students (2) 3302.17 school To of teachers school in assist school individual who partner serve is not be the The to the shall proqrams and services (B) All members votinq members. Terms vacancies be in for of of a of school, for The resource school community action shall the be section 222 224 community 225 community or community The resource shall serve for three years, as of center. team same manner shall coordination learninq the (C) 3302.17 of the In of as shall serve addition the to without the and 231 234 oriqinal 235 compensation. responsibilities Revised Code, the school 237 listed action team in section shall do all Monitor 238 239 240 and if Meet with assist in the of the school candidates for and make superintendent and board of of the 241 242 positions authority implementation adopted; administrative qoverninq 230 236 improvement plan, (2) 229 233 followinq: (1) 228 232 appointment. Members 226 227 team. and 223 an coordinator action development 221 select or the authority, office in shall 220 peers. community qoverninq school filled district, 219 quardians team initiated under shall make a or elected by their team the the as are not parents coordinator candidates. assist are who community partner action board, employees district board, resource considered a member shall the or school on potential coordinator action employed by the as center. and school, authority, recommendations partner a the Revised Code, governing learninq building enrolled the to and nonteachinq principal and other recommendations education community of the to district 243 the 244 or 245 school; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 246 H. B. No. 70 As Passed by the House (3) Advise (4) Establish parents, and (5) parents on usinq an budqets; 247 onqoinq mechanisms that to collect annual Develop policy that school community members Continue (6) Page 10 and outlines in enqaqe students, 248 the school; feedback and 249 information from 250 survey; approve the 251 a written parent role of parents and involvement guardians in 252 the school; 254 (7) Monitor achievement; school proqress and reclassifications ethnic qroups, disadvantaqed (8) matters students, Section 2. consent limit for an the students updates school matters It is academic andexpulsions; with from the and provide affectinqthe not to disaqqreqated by major reqularly with parents policy otherwise and reqular affectinq Meet related limited Enqlish proficient Receive (9) on data attendance,suspensions, rates; discuss 253 the any provisions intent of and qraduation racial students, and economically state 256 257 258 disabilities; 259 principal 260 advice on on policy such matters; community members to school. of 255 this 261 262 263 act to law relatinq impact to or 264 parental 265 abortion. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 266 As Passed by the Senate 131st General Assembly Regular Session Am. Sub. H. B. No. 70 2015-2016 Representatives Driehaus, Brenner Cosponsors: Representatives Henne, Kuhns, Fedor, Strahorn, Lepore-Hagan, Phillips, Patterson, Bishoff, Blessing, Reece, Curtin, Antonio, Ramos, Smith, R., Amstutz, Anielski, Baker, Barnes, Boyd, Butler, Celebrezze, Clyde, Craig, Derickson, Gerberry, Green, Grossman, Hackett, Hambley, Hayes, Howse, Huffman, Johnson, G., Johnson, T., Kunze, LaTourette, Leland, McClain, O'Brien, M., O'Brien, S., Perales, Rogers, Ruhl, Schaffer, Scherer, Sheehy, Slaby, Slesnick, Smith, K., Stinziano, Sykes, Terhar, Young, Speaker Rosenberger Senators Hite, Coley A BILL To amend sections 133.06, 3302.04, 3310.02, 3311.29, and 3302.10 and sections 3302.18; the Revised and community school to enact 3302.11, to repeal Code to authorize schools process restructuring academic supports to for and new to assist to section a revise community 5 6 7 8 law 9 the and school districts. 10 11 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 4 guide commissions performing of districts and 2 3 3302.17, 3302.10 school initiate 1 3310.035, 3302.16, section distress lower 3302.036, 3310.032, and center regarding other 3310.03, 3314.102; and learning 3302.01, tion Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate Section 1. That 3302.04, 3310.02, 3314.102 be 3302.11, 3302.16, enacted to Sec. without amended read vote amount equal except as prescribed or as of (B) Except this section, that exceeds 3302.036, 3310.035, 3302.10 3302.18 of 3311.29, and the 13 and 14 sections 15 Revised Code be 16 17 the electors, in of in and A school of section net one 3318.052 (J) provided in shall per (G) cent and of the 3318.44 of this school district shall an amount equal nine that its of incur, tax this 18 exceeds valuation, section the (E), not per as 22 Revised Code, 23 or 24 incur and net of (I) of indebtedness its tax the cent of the of shall the not district's net securities exceed an its tax valuation, unless education, policies and the under policies tax the commissioner, for the consents twenty days prior to the after equal adopted by the acting be made election vote to superintendent consent shall a securities amount the commissioner, of of to indebtedness the acting submit issuance of instruction, request district question that will make issuance to at which in the an amount four per 32 of public 33 state the one the board of 35 A 36 hundred question 34 is 37 to be 38 39 superintendent district decisions 30 31 submission. least 29 the under written the at of submitted. The 26 28 A school electors 25 27 valuation. (C) 20 21 (F), cent 19 and Revised Code, of an section. divisions a of (H) or to not indebtedness 3313.372 division as district divisions section provided section (A) one-tenth (D) in new 3302.01, follows: provided in division and 133.06, 3310.032, 3302.17, as to sections 3310.03, 133.06. a Page 2 the within of public superintendent's thirty days after instruction shall and the commissioner's 41 the 42 receipt tax of certify to request for Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 40 Am. Sub. H. B. No. 70 As Passed by the Senate Page 3 consents. If at the 43 the electors election instruction the and question, to the be held under submitting seeks to in (D) (1) (2) under under the date (D) in of with the of limitation division (E) of Indebtedness school acquire (4) sections (5) school Loans, Debt without 49 district 50 subsequent new request 51 for 52 be of a school considered: school buses 55 and other of Revised Code; the 54 issued pursuant division (F) of to 57 58 this section, and, to the (B) of this in division 56 extent 59 in 60 section, 61 section; resulting 62 from the district under section securities dissolution of 3311.217 the of of that a joint 63 Revised 64 joint district; evidenced by 3313.483, 48 53 Revised Code, evidenced by outstanding vocational election may or stated this a 3317.0210, incurred under 46 47 school other of question pupils 133.10 the the submit shall issued under 133.301 any special indebtedness following section at 44 45 submission same Revised Code If securities division. net issued to the the first this submit next question shall the the consent. transporting Securities the of of of public consented to that for issuance superintendent 3501.01 same the the the district may request of used vocational Code, the Securities of (3) on calculating section excess school district none equipment division commissioner accordance In district, tax new the approve which section submit election, consent a not for the electors do 65 66 any and securities, 3317.0211 section received under of 3313.374 the of Revised Code; the Revised Code; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 67 68 69 70 Am. Sub. H. B. No. 70 As Passed by the Senate (6) 3313.37 Debt of Page 4 incurred pursuant the Revised Code to to division acquire (B)(5) computers of and section 71 related 72 hardware; (7) 73 Debt incurred under section 3318.042 of the Revised 74 Code. 75 (E) as to A school certain district may become securities as provided a in special needs division (E) district of this 77 section. (1) school both 78 A board district of (a) the issuance this of to education, be a The the of existing district securities improvements in time The may declare 79 district by determining 80 The the report the the education showing of all and a sufficient limitation or of the funds of 82 district. by the division shall of of 85 improved needed permanent 86 (B) 87 certify of public the a copy of that instruction with 88 a following: projection of the The projected needs; (c) The estimated cost 90 growth of the district 91 93 of permanent improvements proposed such projected needs. The 89 92 (b) (3) 83 84 needs. superintendent history improvements additional to meet adequately valuation; to meet the board of to statistical tax its not being obtain within provide is permanent cannot to (a) needs student population The resolution special resolution, 81 section (2) by following: serviced by (b) 76 95 superintendent of public as special an approved 94 instruction needs district shall if certify the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 96 97 Am. Sub. H. B. No. 70 As Passed by the Senate superintendent (a) The additional Page 5 finds both district funds of does the not from state following: have or 98 available federal sufficient sources to meet 99 the 100 projected needs. (b) The valuation 101 projection during the of next information certified to information the of potential during and of the next An indebtedness the an amount by the the tax of equal years is amount that increase (F) purposes, in a needs of securities the of by which on per the product the cent the of that next its district 106 than one the the sum of the net accordance tax does with not exceed valuation plus has tax proposed tax amount that 112 increased over 116 to 117 submit to securities; valuation plus that 114 115 tax superintendent is 111 valuation valuation of public projected to 118 119 120 121 122 123 years. issue 108 110 sixtieth month its tax valuation 107 113 that of multiplying district may principal 105 incur board determines issuing the ten likelihood certification that tax valuation its product 104 following: sum of determined by the amount first day of of in of multiplying the in which 103 109 district may of 102 other less and tax conclusive. greater cent a the not findings the question A school be The of of of the any indicates average an by which during year. special the is an growth to and tax valuation in percentage, instruction, of issuance per according obtains, of shall average superintendent chapter to the Twelve years, this the month electors by the the valuation (b) an by that the cent per percentage preceding the five Twelve amount five growth approved provisions (a) an average superintendent (4) potential superintendent one-half per the the 124 securities does not for exceed emergency an amount Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 125 126 Am. Sub. H. B. No. 70 As Passed by the Senate equal this to three per cent (a) the if it of determines School buildings district have buildings facilities or constructed or the necessary to adequate (2) remove the of cost, excess the issuing the of in The section (a) existing, proposed division (b) net section of form is or additions to of the or for their limitations make impossible. board for the of the ballot this exceeds of The resolution shall division declared, (B) 139 140 the 142 Revised Code the 143 of paying improvements election Revised Code, securities 138 the to respond 144 145 146 147 the this 137 of electors condemnation proceeds of to 136 141 purpose of permanent 135 of the the 134 improvements the 132 so safety hazards. emergency, 131 133 usable an to or improvements permanent or 129 such or and improvements for facilities that or 133.18 insurance are indebtedness submit securities any school authority, facilities additions, procedures refer emergency 127 130 partially destroyed, prevent health and an need. 133.18 The or may declare following: necessary corrections district, emergency (3) or declaration to the require by resolution, question the provided partially constructed, to or fiscal district pursuant received by are that replacement, education may, in of other buildings or Existing Upon both or planned as intended purpose, in as resolution, constituted public them before (b) by been wholly a to tax valuation, education, condemned by are its 128 A board emergency to of division. (1) in Page and the as state shall be as except that: describe the the provided 149 emergency authority under that the limitations amount of 150 which 151 the 152 prescribed by section; required by division 148 153 154 (B) of section Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 155 Am. Sub. H. B. No. 70 As Passed by the Senate 133.18 of auditor prior the and Page 7 Revised Code the board of the election; (c) The county auditor days certification the (d) The resolution section less 133.18 than (4) the for (G)(1) the in The of and for an such costs repairs, debt The design, shall to the division not later 157 the of then set the (B) of at the by 160 161 Revised Code; certify its of 163 (D) of 164 elections not of 133.21 of securities not principal of or other energy later the 167 issued 168 than payment sixty otherwise or shall remodeling or Ohio facilities residual value energy consumption data for the a to 172 experienced in installations, of remodeling, of of including savings, of materials baseline preceding costs 177 as or 180 and 181 equipment 182 defined by the 183 analysis three 178 179 maintenance, energy 175 176 owned by all 173 174 that would estimates energy conservation measure, commission, an in buildings installation, and verification the person pertaining include modifications, forgone 169 170 conservation measures consumption engineering, 165 171 engineer, report 162 166 section any date 159 information board payment than advice education may contract with energy replaced by school of 133.18 recommendations measurement service, 156 hundred days required by division installations, installations, of education section implementation significantly reduce district. county division. design the the confirm that election. the of and, prior professional and one to architect, modifications of earliest possible board analysis advise first principal that least Revised Code division may be after provided the at election, information Notwithstanding this months of of shall education ninety days Revised Code, under (C) board of and the the board required by division certified to 158 before to, be elections to ninety-five shall years of with actual the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 184 185 Am. Sub. H. B. No. 70 As Passed by the Senate utility baseline data for amounts the Page 8 based on preceding by which and maintenance only the actual twelve months, energy costs, consumption as consumption and estimates and defined by energy resultant the of 186 the 187 operational commission, 188 would be 189 reduced. If amount 190 the board of money modifications, of money for the or to costs the after save in over the commission is a its of installations The auditor of board of fiscal education in in of any the a if best it of 3316.03 without submitting modifications, district's of or or more academic the of board of of the school of that have planning section and 3316.05 education years, emergency under the of has a section request 196 or 197 for is in a the 200 the 201 of 202 the 203 is 204 state 3316.03 of of funds district. a school to 205 district division submit a that (B) 206 of 207 request 208 installations, school 209 approved by the the 211 Revised Code. declared 3302.03 210 commission district of to the 198 199 division by expenditure supervision been 194 consumption. that 193 195 of buildings section shall been of a and 192 board may the making this emergency pursuant Revised Code amount consultation with under (A) education remodeling consecutive in district that the evidence financial established under request determines fiscal energy the the and remodeling 191 installations, years, finance the operational findings commission, school district board of state the division interest section No to or to reducing may deny a watch pursuant No is facilities state, Revised Code, not significantly school of that exceed resultant copy modification of and indebtedness such likely to fifteen incur report on ensuing to purpose the spend not energy approval the receiving district would remodeling it would maintenance submit finds 212 that, for be a in three 213 state of 214 Revised Code, as 215 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate that section meet adequate forth in Page 9 existed prior yearly progress, division Revised Code shall incur submit to distress commission such board's The a 22, has met from the continues to facilities request provided that be 3302.10 failed first of that for following 217 the 218 academic 220 for the shall set so long district. approve conditions are the 223 are 224 225 The commission determines (b) The request (c) The installations, facilities, or for to 3318.40 Upon issue principal tax receipt board's findings 226 amount to not or for all of district's So a the a or vote of of the Revised Code, but remodeling acquire 3318.01 to to are 229 classroom existing 3318.20 231 or 232 approval, of the of one such the net the electors Revised Code, shall not the electors of making total 233 district 234 in 235 per a cent of as outstanding, 236 installations, indebtedness incurred under except exceed one 238 this 239 section per 237 of cent 240 of tax valuation. long 230 Revised Code. vote purpose or 228 additions exceed nine-tenths the sections the of remodeling, and other or make commission's without district without remain the complete. construct sections 3318.45 of the (3) to securities modifications, the under is modifications, reconstruct to valuation 3318.052 approval any project classroom facilities its the 227 consistent with may that reasonable. sections 221 222 satisfied: (a) 216 219 section, required to receiving district's commission the and has any condition section established under school 2013, request without indebtedness commission (2) or (A)(2)—or—(3+ of approval as to March 241 242 any securities the board of issued under education shall this division monitor the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 243 244 Am. Sub. H. B. No. 70 As Passed by the Senate Page 10 energy consumption and resultant costs in which of buildings been made or Except provided as remodeling shall maintain in maintenance modifications, district the division done or cost consumption savings The of shall report this a resultant to such 247 the board 248 form and manner 249 operational be the 250 and 251 installations, operational certified by the shall If 252 and 253 school 254 submitted annually to 255 256 the education guarantee school shall no for longer three be (G)(3) With the section. consent indebtedness costs and following (I) The of of that this conditions officer the pursuant to 1728.10, 3735.671, 5709.62, 5709.63, school agreements of 5709.081, 5709.632, board the fulfill of 257 a board 3313.372 reporting incur if the of the 260 education 261 requirements 262 for to a amounts the vote 264 of stated the 265 in 266 purpose of paying 267 extent that both 268 the satisfied: the 258 259 of public without the and school district entered the superintendent section are that 263 exceeds improvements, fiscal receipts the annual district may (G) of permanent the that school of section section years, of this the of verifies commission by this (B) to electors (A) division the of subject a divisions (G)(3) consecutive instruction, net commission submitted to division required under of division (H) facilities reports under Revised Code 246 division. section, in resultant be to 245 have commission documenting and The this report attributable remodeling. treasurer. a or modifications pursuant (G)(4) facilities savings certified annual of been and maintenance commission. (4) of has school energy cost maintenance installations and annually update prescribed by the reductions in operational into district from payments pursuant 5709.082, 5709.73, 269 to 5709.40, 5709.78, or estimates made section 270 under or 725.02, 5709.41, 5709.82 271 272 273 of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH the 274 Am. Sub. H. B. No. 70 As Passed by the Senate Revised Code, 5709.43 after of the in proceedings, evidence Revised Code, taxing to the pay estimate, The district, of operating intended purpose superintendent authority's (H) of is are, 276 277 the securities confirms 275 requirements, from those confirmation of the the the have 278 issued to receipts, the and fiscal of public district confirms, certification sufficient or instruction 282 certifies, 284 that 285 the and confirmation, revenue available improvements completion approves for for the their thereof, the 286 this section maximum maturity shall 287 288 and the taxing 289 290 confirmation. maximum maturity 280 283 district acquisition 279 281 approved by the school such permanent upon the section thereof, committed by on district of of to and are and payable officer time coverage of instruction; authority the (C) combination charges the which fiscal at debt of any division appropriate of public reasonably expects The the under or and amount, authority taxing purpose any indebtedness superintendent (2) for time that officer's and distributions accounting sufficient the or Page 11 291 of be securities the issued under lesser calculated under of section division twenty years 133.20 of or the 292 the Revised Code. 293 294 295 (I) issuance A school of district may securities raise of project and any additional Revised Code, school participate including facilities initiatives, the in the commission cost of cost in the a project under cost as other of items required locally by division school Chapter locally of (B) or 296 this (C) district 3318. 298 300 of the the 301 302 funded initiatives 297 299 funds designated by funded the provisions necessary to necessary to specified the section when basic limit with of the the indebtedness in portion of accordance net chapter this excess in incur 303 in Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH an 304 Am. Sub. H. B. No. 70 As Passed by the Senate amount that portion of does the acquisition. public The of to this its valuation order school the dollars an the generate under may all cost or if section of section under this school the Sec. (A) applies section shall that 3302.01. As "Performance are of two the the to 312 314 obligation amount of of the proceeds of for of of The the any bonds the project construction fund. used this 316 the 317 the 318 school 319 to shall in 320 the of which 323 324 the deposited 325 into for 328 the each students on the average subject and state 326 327 chapter: means 321 322 issued payment 315 of Revised a project first score" approved securities are index portion commission such for securities its approval released project one tax be in equal its Revised Code as or of division assessments, 311 cent in the 3318.01 per described of sections 313 3318.08 dedicated 310 electors facilities section project the each 3301.0710 basic Revised Code. proceeds the 308 of conditional from calculations, skill 307 vote of untested of of a weighted proportion level the than general of of the until district's derived of school under district portion school totals into state moneys 306 exceed either controlling board has 3318.04 dedication greater to part the include this up commission's entered site 309 is issuance Ohio No district will incur without amount district board and the agreement for 305 division. Revised Code in district's superintendent under through the school the project facilities project a notify cost classroom facilities basic project Code. shall and the the of of to cost, of portion indebtedness the project cent district whose hundred million in fifty per commission A school 3318.20 net exceed instruction whenever (J) to not basic limit pursuant cost Page 12 of area, students (A)(2) of the of 329 the scoring section achievement follows: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH at 330 331 332 333 334 Am. Sub. H. B. No. 70 As Passed by the Senate (1) section the For the assessments 3301.0710 subject areas of the of English science, and social (2) For the section the language students and weights who accordance section The section prescribed attains for the section student the that student Students score" in on 340 to a areas attained on additional pass of over a zero 344 larger 345 of the subject If such a shall higher assign scoring student 346 to 347 in 348 higher the on If to the student approved by student's and that the the score student additional an on is 351 such a weight 353 student 354 (A)(2)(a) assessment, the additional state board. included attains weight the shall included with in division the of 356 For in each 358 the 359 proficient be assigned 360 361 362 "performance (K)(2) 355 357 subject-by-subject basis. be 350 352 the an the of an student level. 349 attains (A)(2)(c) Revised Code, a 343 acceleration policy adopted under Revised Code 341 that weights of as such weight division score accordance of prescribed under such shall 3301.0712 score, assign a skill or assessment, the 339 progressively the score to receive division index an 337 of subject prescribed under next weight, the receive Revised Code. performance on assessment department shall year an 336 (B)(1) assign weights assessment been permitted advanced proportional an shall assign the of 342 shall of section of department 3301.0710 department each of score the for of level 3301.0710 assessment, (B)(2) the of each mathematics, prescribed by division education upon a 3324.10 proficient school take have with arts, for 335 and mathematics. take not dependent students of arts who average of 338 average who assessment. the the of students language the (A)(1) studies. department do Revised Code, and division Revised Code, The prescribed by division assessments 3301.0710 English Page 13 section index 3302.03 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 363 of 364 Am. Sub. H. B. No. 70 As Passed by the Senate the Revised Code. (B) of includes the each a subset state, a of following: the district, or a student 366 school 367 building 368 (3) Economically disadvantaged students; 371 (4) Limited students; 372 (5) Students with with other include data For specific for as academic the ability is students in who are under gifted shall ability assessed, with superior fields department academic field 370 gifted students fields, academic 369 disabilities; identified Revised Code. students groups; English proficient specific ability ethnic entire Students the and the (2) and racial school of Major academic any means (1) ability of 365 "Subgroup" population and Page 14 the specific 373 Chapter 374 in use in math cognitive specific data and for 375 those reading. department academic 3324. shall ability If 377 also 378 in that field. (6) (C) Students as in the lowest determined by quintile for 381 state education. "No Child Left U.S.C. of both pursuant to those statutes, guidance policy directives regarding implementation the department thereto, States "Adequate rules of 6301 and Behind Act as of seq. includes and regulations documents, of any the 384 amendments, calculated means in 385 promulgated 386 and 387 that any act other issued by education. yearly progress" performance et 2001" or Child Left 20 Behind Act waivers, United 382 383 codified at academic achievement a method prescribed by the statutes (D) 379 380 statewide, board of 376 388 389 a measure accordance of with annual the "No 2001." Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 390 391 392 Am. Sub. H. B. No. 70 As Passed by the Senate (E) Page 15 "Supplemental academic assistance, such educational enrichment the school in regular accordance (F) academic time to is or student assessments The means applying in accordance 394 outside of 395 department 396 2001." over 397 a of 398 specific statistical data section 400 from 401 3301.0710 of 402 section shall be 3302.021 403 of Revised Code. (G) (1) number regular high form (2) number (I) who cohort "State as graduate adjusted diploma adjusted meaning who adjusted cohort students school adjusted cohort diploma "Five-year of (H) students school the in for the cohort in institution section four (J) of rate" with a who has of Revised Code. the means accordance education and with the United form same established under 408 410 411 412 414 of agreement States 416 417 418 419 school" Chapter 407 415 education. "Community a 413 the a measure an the regular students 406 409 means education" in of years with class. higher determined department students of student progress of of rate. objectives" department number graduation measurable the less four-year 3345.011 means or graduation number rate" years graduating five divided by the the graduation divided by the graduate for in "Annual between 404 405 "Four-year of 399 derived dimension" with 393 other a measure a achievement "value-added progress implemented of students prescribed by or the Behind Act of calculated by additional conducted approved by Child Left student individual Revised Code. developed and a that the the "No is group for achievement high the that provider means remediation, gain the who activities, day by a with tutoring, dimension" methodology the as services" "Value-added progress period of the educational means 3314. of a community the school Revised Code. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 420 421 Am. Sub. H. B. No. 70 As Passed by the Senate (K) Page 16 "STEM school" means engineering, and mathematics 3326. Revised Code. of the (D "Entitled to entitled 3313.64 to or Sec. Code to assign attend 3313.65 an 3302.03 of for 2014-2015 the state the board the department grade school schools STEM under not assign The report shall or a not be report shall 3302.21 card school of ratings not subject ratings the of new starting over multiple (B) The exempt under school of or building 431 the grade to the that 2014-2015 a or penalties. 434 community 435 or penalties, determinations Revised Code school year. 438 school district 440 or the shall have but shall not based the shall be 442 443 report 444 no effect create on 441 building a ratings years. 445 446 447 448 provisions division 437 439 district are 436 year year that or school Accordingly, school 433 of years school any 3302.03 subsequent a 432 Revised Code, of for 430 of districts, 3326. section of section the 429 or 2014-2015 for of not any previous sanctions point individual (C)(3) 428 However, sanctions in determining the Revised penalties. to the 426 or is for (C)(3) discretion the section shall at an 425 sanctions determining whether ratings education Revised Code in card 423 means the district 3314. for in school Chapter considered subject anything in determining whether to Chapter 427 division rank Chapter issued considered is card division established under section any may, established under schools for district" district under of under year, education, and school the Notwithstanding letter Revised Code, a in Revised Code. component prescribed under the school of (A) 422 established under in the technology, 424 Revised Code of school attend contrary, overall science, school 3302.036. the a from which (A) of this a district section or shall school be is the following: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 449 450 451 Am. Sub. H. B. No. 70 As Passed by the Senate (1) Any chapter, of Page 17 restructuring provisions except as required under the established under "No Child Left this 452 Behind Act 453 2001"; (2) under 454 Provisions section (3) 3302.042 Provisions former section to effective the do not version of that date this (4) are date apply for 3310.03 of to the of the this it pilot project 455 456 commissions Revised Code; as amendment. academic as school distress The distress exists on it under 457 existed prior 458 provisions commissions or after the of this 459 the 460 under effective 461 in section choice where students scholarships 463 under 464 schools 3314.02 of prescribing section 465 "challenged community under new buildings Revised Code; defining Provisions requirements 462 educational the new start-up (6) of city Revised Code; prescribing Provisions prescribed the academic section Provisions (5) which for Columbus amendment. eligible section the of 3302.10 section of for school may be the located, in 466 as 467 Revised Code; community 3314.35 districts" or school 3314.351 468 closure of the 469 Revised 470 Code. 471 (C) Notwithstanding contrary 131st STEM and general school academic under except career year a factor student promotion at of of in to 3 district, score on 3301.0710 to grade of H.B. a in division the promote level 7 or in of 472 the school, 473 or (B)(2) to 474 475 administered 2014-2015 or the student's assessment or to community during any Revised Code higher Revised Code Section time any decision a the any section the in in school student's (A) 3301.0712 no utilize a section as provided assembly, shall division as anything 476 of 477 school 478 deny the any decision Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 479 to 480 Am. Sub. H. B. No. 70 As Passed by the Senate grant course assessments released, the credit. student or year thereafter, school provision a are "C" as As in a or of The intensive, districts a to a and in rated or school grade 22, department school on a a and for an or school mean a any districts under an under section year to after refers 485 school 486 to watch, or or it 490 491 in need for buildings. system 492 building 493 performance 494 3302.03 of the 495 the—effective—date—of 496 497 education support 488 489 2 013. of 487 a a building overall section 483 In the shall establish improvement accordance shall give of with a system school the model section 3302.041 to 498 the 499 of of 500 501 502 503 year, school 3302.03 the thereafter, year prior and buildings academic watch For 482 of following: (2) be shall mean district for (D) and when priority For 481 district academic the (1) such or each it provision in the shall school school differentiated accountability described Revised Code, on 484 and "D"; ratings or to under of or emergency, rated (C)(3) year (C), year, when shall school (A), refers district reports guardian. academic it exists or school "F"; score district divisions building division ongoing school building letter it 2014-2015 parent of improvement, those student provision school district as the 2014-2015 state this—amendment March (A) used the assigned under Revised Code, in student's when refers continuous rated a or building district shall mean of for building district individual student's 3302.04. section, a to the this school No administered except Sec. Page 18 of or in the to the that have a state of been school declared to academic school year, districts and buildings currently in 504 be 505 emergency 506 Revised Code; 2012-2013 prescribed by any agreement 2012-2013 507 and for each in the manner force school between 508 509 the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 510 Am. Sub. H. B. No. 70 As Passed by the Senate department and the department shall receive the grades United appointment of an coordinate the support after 3302.03 of This June When be include as among the division services The system may coordinator academic community not for school district has 3302.03 adequate yearly progress for district shall three-year develop district or of been a building within a An analysis of district or building to meet failure use to not meet in division (3) allocate and the (B)(1) efforts lowest 518 to 519 and to 520 efforts. school 515 516 521 district district has consecutive of the 522 that continuous of the applicable analysis of the 525 years, the the the of the reasons this in the the the or of the 530 performance 531 Revised Code 532 for 533 its building will achievement identified 535 536 537 resources academic 528 534 district academic 527 529 section; of improving that 526 following: failure 3302.02 the improvement plan for section 524 failed to make school each department yearly progress; problems of the any strategies Identification toward any 513 517 the department, Revised Code reasons an adequate Specific address as the any of notified by containing established under to make (2) the the two building (1) did for 512 523 or it to such 2008. district that that districts include those apply section indicators that 511 514 improvement to the Revised Code providers, determined by the does The and buildings provided to service pursuant for the education. low performing. regional district's 30, a to improvement districts, (B) section centers. performing build schools through service of include considers educational department to system shall and buildings States endeavor under department The Page 19 that the achievement district will of the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 538 539 Am. Sub. H. B. No. 70 As Passed by the Senate district or (4) building; academic An pursuant to (6) the 3319.61 of section the plan on or is district improving or 541 its 542 July 1, the Revised Code building intervention to a the other district of educators. shall 550 the school plan. to the Notice the or of year building. 554 the Copies 555 of public. to the to academic shall be subject to any year section is under the 558 has 559 of 560 3302.03 emergency, rules that or building or building of 557 school district an 561 district 562 establishing emergency 556 school districts 563 or 564 565 For the thereafter, conditions 553 hearing by buildings. (2) 548 549 be circulation within state or section 552 a watch 547 district district school to to affected prior prior use 551 draft to will least in academic 545 at or in board division unless department pursuant that 544 546 building and general year when the weeks of the state defined pursuant this available 2012, or teachers school school utilizing improvement plan two newspaper any as final given affected notified by watch the is Revised Code; held within be made For the of continuous be one the shall (C)(1) academic the adopted by the district adopted pursuant in territory of the Revised Code, shall publication of competency, concerning hearing the toward district standards that hearing building been that 543 3319.61 three-year public begins year of how the cultural developed or the any progress preceding development Strategies improve the the analysis professional or in of achievement; (5) one 540 A description building made No Page 20 for 2012-2013 a school district or year, building and for each that meets intervention prescribed by the school the agreement Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 566 567 568 Am. Sub. H. B. No. 70 As Passed by the Senate Page 21 described in any establishing rules (D)(1) year, or division For within building under one is section initiate (2) a any such hundred 3302.03 the of building school site (3) school or (A)(2) of Division district If any academic of the school declared state of under to to a shall district is in of building year, academic the or and school for initiate a each site the agreement district 572 emergency 573 district. 575 school 576 evaluation conditions described for section does not a in a is state fails of to the of declared to academic district state continuous a any board site buildings any or be in a watch a under emergency to the of determine buildings education, education, the prior under 585 586 587 588 589 590 591 the 592 school whether with minimum standards ina required improvement plan of or 583 584 department applicable board of state building information evaluation to 581 582 demonstrate department state 578 579 apply to encompasses compliance Division 577 in the 593 school established by rule. (4) 574 580 that a 569 571 department may or conduct applicable to school school Revised Code the or law or state any academic the district after 2012-2013 of three-year established by subject 2008. established by the approving department in improvement submit rules rules be the state academic watch satisfactory fails to to that meets this 30, district emergency or that is of June the be section. (D)(3) of shall 570 Revised Code, district this school 3302.03 to a department may after section or the in evaluation prescribed by the division of be 2012-2013 thereafter, a to section prior twenty days of year this year evaluation the of intervention. school declared site For (A)(2) 594 595 596 (D)(4) of this section does not apply to any Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 597 Am. Sub. H. B. No. 70 As Passed by the Senate school under district divisions include, but (a) areas time for which June (D)(1), not be 30, (2), limited and to, whether they are 2008. Site (3) the of evaluations this section conducted shall 599 following: teachers licensed or are 600 assigned to subject certified; 601 602 Determining pupil-teacher ratios; 603 (c) Examination of with minimum instruction 604 requirements for Determining board are (e) the cultural operate for each school and equipment the of whether comply with of the the school teacher sections year; necessary district the competency, as defined pursuant for two or more apply to any such provided in that only to fails (D)(2) 3311.84, 610 after of 611 efforts to school 30, section improve the 612 of 613 3319.61 educators. school June to section to make consecutive district division of and other applies building progress adequacy teachers division school 606 609 Revised Code; of of 605 607 and principal 3311.80, Examination This a day and 608 3319.111 Revised Code, (E) school curriculum approved by systems and (f) each whether materials Examination 3319.02, compliance available; evaluation 614 districts adequate years. 2008, 3313.97 It except of the that 615 yearly 616 does 617 not as 618 Revised Code. 619 620 (1) For any school building yearly progress for two shall the following: do (a) that 598 (b) implement the after Determining (d) to Page 22 all of Provide resulted in written the that consecutive school to make years, adequate the district 621 622 623 notification building's fails of failure the academic to make issues adequate yearly Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 624 625 Am. Sub. H. B. No. 70 As Passed by the Senate progress the to the building. being that goal (b) of the The If the the to shall receives an under this 1965," 20 demand for over all of the district Title the cent of the U.S.C. I, not not be enrolls (2) For an any Title in of the I, all in in an Revised Code, of the enroll in alternative the district district funds Secondary all amount "Elementary and Secondary Education Act to 6339, to in district the lowest division under shall (B)(3) of I, 1965," provide of Part A 20 that fails students the 6311 to this 643 645 of 646 647 648 among 3302.01 649 of 650 that 651 "Elementary 652 to any 6339, 653 student 654 division. to make 642 Title Any district of 640 644 satisfy all section U.S.C. under under 639 to grant priority transportation building building to achieving transportation. Title alternative school insufficient the in providing funds is receives demand equal district 638 641 buildings the 6311 it provide satisfy an 635 2001." the to 634 637 who If enrolled of 6339, amount. 633 636 to lesser 632 improvement "Elementary and can 20 alternative school cent 631 with students Behind Act twenty per Part A 1965," accordance offer not of 629 630 6311 a required to in achieved toward under enroll is U.S.C. Secondary Education Act shall 628 funds described receive academic 20 unless students Revised Code the the students the improve year. Child Left to 627 Part A of transportation, the does "No equal to 626 actions Education Act that 3327. 1965," for subgroup who opportunity in the school funds Revised Code, Chapter the and the enrolled describe to district, the of other also student any progress Secondary transportation with Part A of each building receives from the division, twenty per I, and amount transportation for building defined by Education Act under or 6339, within spend shall district building Notwithstanding of immediately preceding building as guardian notification the 3313.97 building status in 6311 section the of or "Elementary and U.S.C. in parent taken by the performance Page 23 adequate Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 655 656 Am. Sub. H. B. No. 70 As Passed by the Senate yearly progress shall do both (a) of the If Page 24 for of the the 6311 section to enrolled in and 6339, 3313.97 of the improvement status of 2001." district shall of the If 6311 to educational building (3) of and who The equal Part A 20 who twenty of the U.S.C. enroll (E)(2)(a) in of supplemental division satisfy to all supplemental them with a the spend cent of 6339, to demand for 660 with 661 students in not students to the 659 20 662 an in 663 school 664 Behind Act 665 Revised Code, who the 666 in 667 required 668 enroll extent Title of offer enrolled described in it Secondary services of in 20 671 672 the 673 division under the division costs provided unless to the and pay those allocating an (B) 674 amount under Education Act transportation for 1965," 670 675 receives pay Part A Code. funds to I, supplemental total section, In the under are transportation amount. is Part A 1965," enroll combined services this educational lesser who provide and all Education Act buildings section of a 657 669 funds Revised the and of division subgroup the of I, Child Left for district, in educational (E)(2)(b) district section. students of Title that "No 3327. receives alternative this the this this "Elementary 6311 the accordance to district Secondary shall per the to 3302.01 in opportunity from the are district to and services section of under provide transportation building 6339, district, Chapter under (E)(2) the years, Education Act defined by buildings "Elementary U.S.C. the within as funds Revised Code, provide division (b) from the Notwithstanding alternative under receives building building school 658 Secondary the alternative consecutive following: building "Elementary U.S.C. three of students or the 677 678 679 680 681 students under 682 can 683 of 684 district the I, 1965," (E)(1)(b) costs students funds Title of for 676 who between request the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 685 686 Am. Sub. H. B. No. 70 As Passed by the Senate requirements this of section, to five of the per Page 25 divisions the cent district of "Elementary to the and U.S.C. 6311 enroll in alternative (2)(a) of this demand for amount equal Title of I, division a lesser funds to unless 20 of per the U.S.C. 6311 of such district an of (3) of Any Part A 20 of U.S.C. unless students equal to receives under in satisfy of divisions the costs of provided the (E)(1)(b) requesting all to cent 3302.01 the of that can "Elementary 6311 to 6339, transportation to any building division shall pay (E)(2)(a) and to 700 of 701 the 702 of 6311 this (E)(2) over in paying the lowest in receive Secondary not be student who (E)(2)(a) funds all the 707 708 709 (B) 711 712 under to Title an of I, 713 1965," provide enrolls in of section this 705 710 division Education Act required 703 706 division described 699 them with Revised Code. not and 698 704 grant priority services subgroup the does shall 696 697 for under 694 695 supplemental transportation educational among the students district providing of and an under district demand 692 the students twenty per all (E) Education Act U.S.C. to 691 693 least the who all at costs to or 20 district under the provided all and Secondary pay 690 1965," students the to it 20 of supplemental section and section, under funds 689 Secondary Education Act section, costs the satisfy amount, Part A the services students lesser 688 students (E)(1)(b) can equal of pay other district 1965," for division I, 687 Part A section achieving the for of amount of I, under this Title (b) Title transportation (b) of under 6339, receives insufficient educational receives under of amount to to an services this and and to services If least Education Act a and at "Elementary educational of is cent (E)(2)(a) transportation buildings "Elementary 6339, it provide and spend Secondary to five amount. the funds section, (E)(2)(b) costs shall transportation with supplemental the 6339, Part A 1965," (E)(1)(b) 715 alternative or to 714 pay Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 716 the 717 Am. Sub. H. B. No. 70 As Passed by the Senate costs of student supplemental under No (E)(2)(a) supplemental enrolls of this educational in of an this provided services shall under any 718 section. alternative section to be 719 building eligible division under 720 for 721 (E)(2)(b) of 722 For 723 any yearly progress shall continue shall respect the improving at a of Appoint with least fails school division one of to years, (E)(2) the make of adequate the this following 724 district section options the the 726 with 727 the curriculum that degree outside purpose Extend (e) Replace (f) Reorganize consistent adopted pursuant Revised to with division the (A) of Code; of authority the make performance of the the length the establish pursuant of building the building has to to the recommendations building. a state division school principal administrative (G) day or The for district intervention of or this section. year; other structure and For any continue shall 734 735 736 737 key personnel; 739 of 740 the 741 yearly progress shall 732 738 building. (4) 730 733 to to 729 731 expert department (d) is operations; an 725 728 new academic this consecutive standards internal request for four that building: Decrease the building comply academic its (c) team to 3301.079 (b) manage for Institute statewide section school implement to (a) may (E)(2)(b) services section. (3) and educational division student who division this Page 26 school for to develop five building consecutive comply with a during plan that fails school division the to years, (E)(2) next make of adequate the this succeeding district section school year Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 742 743 744 745 Am. Sub. H. B. No. 70 As Passed by the Senate to improve include at (a) 3314. the academic least one Reopen of the (c) Contract the the school Revised Replace performance of the (b) operate Page 27 of following as a the building, which shall options: community 747 school under Chapter Code; a 750 nonprofit or for-profit entity to 751 building; (d) Turn (e) Other 752 operation of the significant building over restructuring to of the the department; building's 755 For any yearly progress shall and continue shall (4) of (1)(b) or (E)(2) any (1) by the shall school division to make years, (E)(2) of developed pursuant this until division a one description district to the comply whichever adequate the this to 756 district 757 section 758 division (E) school was to most (E) recently subject adequate 759 to only to 30, of 762 one yearly school year, the 2001." been the division 763 764 districts department It does not that 766 pursuant 767 apply 768 to 2008. has 761 765 769 identified district (B) of for shall thecontinuousimprovement pursuant division schoolyears. improvement by June with formerly building makes district of to any building Behind Act after school for section, applies for Child Left If continue consecutive district improvement written fails 760 identified "No such with plan respect two This been the the of with for (F) that consecutive comply divisions progress to to six A district those have for building section. applicable, of school implement this (6) 753 754 governance. (5) 748 749 personnel; with 746 plan this 770 provide a developed section to Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH the 771 772 773 Am. Sub. H. B. No. 70 As Passed by the Senate parent the or (B) guardian district district of plan does shall this to Page 28 of each student not have a develop section the parent such continuous a plan and provide or enrolled guardian a in the district. improvement accordance written of in each plan, with description student If the 775 division 776 of 777 enrolled the in the 778 district. (2) 779 If a school for continue implement the to two district improvement by district has consecutive the pursuant been school continuous to division identified for years, district the improvement plan (B) or (F)(1) of 780 shall 782 this 783 784 (3) If a improvement take respect school for at to (a) least the to district three one a Direct (c) Institute (e) the 3301.079 The sampling school Appoint of of new the a to years, for the 785 department 786 actions 787 corrective trustee 20 district of U.S.C. the 6311 with is to and 6339; with division forms the (A) of to governance the district 793 794 796 797 in place of education. individual this for district; and board of conduct of 792 795 the manage 790 791 personnel; consistent to 789 Code; within subject is "Elementary key district adopted pursuant to superintendent the Part A replace Revised shall funds curriculum that alternative districts I, 1965," district a the Title buildings department of school following of standards Establish district the identified 788 under the academic individual of portion receive (b) (d) been consecutive Secondary Education Act statewide has district: Withhold entitled section 781 developed section. shall 774 audits division to 798 799 of a determine Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 800 801 Am. Sub. H. B. No. 70 As Passed by the Senate compliance (4) with If improvement shall a the for to taken to district. If improvement shall take division least that different division of the (G) The evaluate one this aspects allocation, shall appointed by and administrators The intervention for the years, of this the the department. for department 804 section with 805 respect with with school an the improving respect a state district or department and shall the make of the 811 812 under 813 district. 814 team the sampling the department department (H) 815 building, 816 methods, 817 intervention include in their recommendations performance 810 is taken instructional outstanding takes the in district, intervention such shall the to Any the identified 809 team 818 teachers 819 fields. 820 regarding district 821 or 822 823 intervention unless 806 808 department department scheduling. recognized as team to action previously curriculum, and the the actions respect establish a years, for building. The 802 803 corrective identified school action section of been corrective section department may resource methods of corrective including management, be has consecutive corrective of all of the identified school (F)(3) district this from the (F)(3) been by 807 five (F)(3) provided to at has taken implementation division school for actions consecutive monitor under a district four action (5) corrective school continue the Page 29 of Revised team under cannot district The shall department Code to approve division adequately agrees community not to shall schools determine pay a district's (E)(3) of this of fund the work for the expenses conduct individual established compliance under with request for 824 section if 825 the of team, 826 the 827 audits Chapter this team. of a 3314. section. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 828 of 829 830 Am. Sub. H. B. No. 70 As Passed by the Senate (I) this The Page 30 state board shall adopt rules for implementing 831 section. Sec. shall 832 3302.10. establish district an The division three consecutive (2) An academic still existence five The members (a) Three one of whom the district's (b) board of is One received public commission following section an for instruction 833 any 834 school conditions: overall 3302.03 of grade the 835 of "F" Revised 836 Code for section on the for at commission established for 3302.10 the Code effective least date four distress of of Revised this section the 839 was and 840 has years. a commission shall consist of resident member education, in is the by the county state in superintendent, which a majority of located; appointed by the who be a shall in which if no One a member majority appointed of the such municipality president teacher of the employed by district the 848 849 the state by the mayor district's exists, by the territory the superintendent of mayor in of which is a the municipality located or, 852 853 district 854 has 855 Appointments after 851 municipality territory. section. 846 850 selected by days 845 847 district; (c) 843 844 appointed territory 841 842 follows: members 837 838 academic as the distress former existence (B)(1) of distress of years. under in superintendent of has (C)(3) district in one district under The academic that meets (1) been (A) the to the district Members of the commission is notified commission shall that shall be it made is serve within subject at the thirty 856 this 857 pleasure 858 to Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate of their appointing designate members shall as a a chairperson and liaison In condition distress the case 3302.10 of distress pursuant to sixty officer the district, chief shall managerial, shall and but as at specific powers district superintendent: Replacing school not the be the 860 and serve section. 864 the 865 academic under for 866 former abolished and the a a 867 new 868 district 869 870 superintendent 871 distress 872 chief paid by of or the 873 department of 874 The 875 high- 876 commission. shall private complete limited executive the the officer of 862 863 have sector. The operational, district, which 877 878 879 to, the following powers 880 officer may delegate, 881 to the district board in or 882 883 administrators and central office staff; (b) 861 executive the state public control duties be 859 chairperson that meets academic exercise be this shall section. pleasure the chief appointed executive in The district appoint executive or be among agendas, section, the shall the shall chief writing, (a) who of shall after chief shall the the the this for instructional but for shall experience officer and include, duties, serve appointed executive of chairperson level management this shall days commission individual of Revised Code the and and district school commission, education set meeting a (B)(1) from superintendent. (C)(1) commission Within designated a for commission established division superintendent division (A)(2) the state commission of division academic has the state the under commission (C)(1) the between in for The conduct meetings, appointed (2) section authority. appointed by call officer Page 31 884 885 Assigning employees to schools and approving transfers; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 886 887 Am. Sub. H. B. No. 70 As Passed by the Senate new employees; Definina id) employee CO CC OO Hirina (c) Page 32 responsibilities and :ob 889 descriptions; 890 (e) Establishina (f) Allocatina teacher (a) Conductina employee (h) Makina 3319.171 , or reductions 3319.172 (i) Settina (:) Creatina (k) Contractina (1) Modifyina district employee the a of class the for loads; 892 893 staff under Revised school 891 evaluations; in budaet compensation; section 3319.17, 894 Code; 895 calendar; for the services policies 896 district; for the 897 district; and procedures 898 established by the 899 board; 900 (m) Establishina (n) Determinina (o) Selectina (p) Settina (-) Providina (2) If an the the Revised in officer from perform duties improvement this instructional for schools; 901 curriculum; materials 902 and assessments; 903 staff 904 professional coordinator to division that position section employina of sizes; pursuant or confiaurations school improvement Code, nothina the class district for arade shall the functions shall prohibit same development. was (A) be previously of section terminated. the individual chief or appointed 3302.04 However, executive other previously performed 905 by staff of 906 907 908 909 to the coordinator. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 910 911 912 Am. Sub. H. B. No. 70 As Passed by the Senate (D) the The state academic responsible in the for district. superintendent, The may shall improvement high-quality quality capacity of students. chief create for efforts Any to in in school to act as community schools, deliver high-quality shall options 915 state district. the attract increase 914 high-quality in the an independent have no authority 917 The recruit 920 new high- 921 922 for entity 923 and the the 926 Within thirty officer is appointed, a of community group shall be district with develop and to shall to limited representatives executive shall officer convene school students (2) the to, is have group chief the district in that the chief employed executive The in among officer officer expectations for convened for create 934 935 936 also 937 each 938 939 each and parents members. shall 933 chief for school 932 and the 930 931 but stakeholders group the its after executive develop the leaders, education days in needed include, 928 929 relationships provide higher community to group and business ninety the the 927 convene improvement shall civic school. school can shall of building group of executive officer purpose that Within of chief academic in institutions teachers in for educators, appointed, the The community of the executive district Members smaller enrolled The the of improvement shall chief agencies. operated by academic school a after expectations in service days stakeholders. students. not be government the assist organizations services and to 924 925 accelerator. (E) (1) 918 919 overall over 916 district, education be 913 shall the schools, and officer with the schools district, shall choice a operated by underperforming a officer, consultation entity not consultation with executive high-quality an for accelerator executive chief high-quality for the schools the schools promote to commission, commission, sponsors schools and expanding accelerator accelerator lead distress superintendent be school Page 33 of 940 941 942 a plan to Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 943 Am. Sub. H. B. No. 70 As Passed by the Senate improve plan, the the under executive funding to for goals clear, shall measures 3302.03 of to the but for is thirty shall that modifications, the before plan executive not, within fifteen modifications. thirty plan days by (F) The after the implement shall commission, the 4117. of entered into, modified, the rights 4117.08 of enforceable the shall 948 The performance be limited cards Within ninety the after the it the chief days distress the plan the the the the chief officer commission on contains or 954 956 suggest modifications 957 If of the officer revise chief revised Upon plan and Code, if renewed, or or the after provisions Revised Code, the 959 or 961 962 within approval officer 958 960 suggests the executive may The whether approve the commission commission. plan, any provision responsibilities the 953 plan, resubmitted. chief 952 955 commission shall 950 for executive to 949 951 section after submission or district performance executive acceptable. it is to, issued under academic after Revised agreement that 947 963 of the shall 964 965 966 Chapter section of plan. Notwithstanding bargaining availability 946 district. the chief the chief the resubmit plan The for commission the 945 goals days days groups the performance resubmitting officer with plan the the 944 The render suggests the the plan. approve will section. creating the report of In consult this consider not to shall of appointed, plan Within plan shall Revised Code. commission the (E)(1) operated by include, submit officer measurable school the performance. sustainability officer approval. the also prescribed executive shall division ensure each academic executive officer establish and district's chief convened Page 34 chief to the the contrary a effective relinquishing those executive in 967 district board has extended listed in collective 969 date 970 one division provisions officer are and 968 of or (C) this more of of section not the district Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 971 972 973 974 Am. Sub. H. B. No. 70 As Passed by the Senate board if shall the resume district agreement until Page 35 holding those board had not such as time commission ceases relinquish those bargaining agreement. For bargaining agreement" shall agreement in not management not which the (C) the of section wages, the or on or provisions are of whether prescribed in division entered relinquished listed a in into one or division collective more of date, the the of that If and had pursuant shall an to the the or 984 but 985 in 986 The way in 987 may 988 or 989 existing is not 990 subject Chapter to 4117. apply to a renewed, section and time 997 the 998 999 responsibilities Revised prior to 994 996 district board the 993 995 conditions the 991 992 agreement the at 983 employment, this into Revised Code, district board of entered section to modified, date rights 981 district paragraph agreement responsibilities of the or including, of into, section agreement. 980 982 the under satisfied this "collective Code. of this part 979 listed agreement entered be collective responsibilities of rights 3302.10 to new 978 reserved 4117.08 date section this and section effective or of or effective 977 to contract Revised of 976 bargaining bargaining district of labor deletion provisions that bargaining or 975 that section, conditions bargaining of a district, the and (A) in responsibilities of as distress subjects terms the (C) on in board agrees officer rights the this any these deemed regardless district or agreement after of school effects The bargaining extended the modification, bargaining district bargain collective them academic applicable 4117.08 hours, Revised Code. collective those a the executive of and the include any to responsibilities responsibilities rights subjects of collective or the both purposes chief required continuation, provision of The to, these affect with or relinquished and or and direction limited division exist rights effect representative. board are to rights 1000 Code in the 1001 1002 resumed holding those 1003 division former 1004 (K) of as it existed prior continue to hold those to rights Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH that 1005 or 1006 Am. Sub. H. B. No. 70 As Passed by the Senate responsibilities distress upon until commission completion (N)(1) Page 36 of this of the bargaining agreement. this section, (1) The improvement and shall needed. approval or this section period district new academic ceases specified in board agrees responsibilities year that plan the shall executive the chief the under in a new 1007 to exist division collective 1011 to officer modifications by is subject to 1013 1014 shall division annually executive district implement 1015 (E)(2) of this determine if changes may modify the the academic the plan section are upon the distress chief education programs and Address their 1017 1018 1019 executive officer to of the do any physical the may implement innovative following: and mental 1021 1022 well-being of students families; 1023 1024 (b) Provide mentoring; 1025 (c) Provide job 1026 (d) Disseminate (e) Offer (f) Provide successful The fund 1016 1020 The (a) 1009 1010 commission. (2) 1008 to apply: officer approved under review of the the following chief both 1012 school the plan The and rights each as transition section those In time appointed relinquish (G) such to support any moneys higher recreational any learning chief resources; other education or information; cultural services 1027 activities; that will 1028 contribute to a environment. executive officer innovative appropriated by 1030 shall establish education programs the 1029 general a and assembly separate shall for the 1031 deposit 1032 purposes 1033 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate of division executive from (G)(2) officer the Page 37 of shall fund until section. All approved under (3) If the entitled to attend of the the in this state the eligible day to school of any in Revised of in Code and an submitted during the next (4) Revised alter any modified, the rate are of renewed, shall of not benefit unless a The under an this any the to not reduce salary or to 1038 in under section in a or 3310.01 is executive 1041 be twelve of year, 1044 in 1045 age by 1046 shall be 1047 scholarship to the 3310.17 1048 of 1049 student may be 1050 1051 contrary in the limit, that is entered that salary or base hourly rate benefits applicable district unless on the any all base or into, or after 1054 1055 1056 hourly 1057 employees to 1053 chief reductions such generally 1052 suspend, district board provided 1042 1043 and 1058 1059 insurance 1060 other 1061 district. chief 1040 3313.64 will years choice 1039 school through school the sections student who five the which period. the affecting also 1037 officer may section, insurance are for administrator of improvement plan school, least sections executive 1036 enrolled educational anything this subject under following extended by such is application uniform plan reduce of the 1035 each kindergarten or shall reductions employees (5) date officer pay part chief contract with effective executive the the Code, at 1034 moneys district community and chief section. district a The disburse operating application Notwithstanding Code, in time January is to the school and grades first participate Code pilot program established the a the fund. longer this Revised or of no support of not the district enrolling for of Revised both first is scholarship program 3313.979 operated by is the authority shall (E)(2) district in sole district division to the have the 3313.974 3313.65 section disbursements pilot project or this 1062 officer shall represent the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1063 Am. Sub. H. B. No. 70 As Passed by the Senate Page 38 district board during extend collective a board under (H) under year section that district this the school 4117. report 3302.03 of of district is does not meet the The the chief present lists each to the school the subject shall district. academic designated The executive officer plans The chief executive officer may to (a) reconstitute Change the a has been for this section in the the 1065 issued first and division 1067 school the to take 1069 (N)(1) of may reconstitute chief executive commission a and reconstitute any of the any of the officer plan that explains the 1073 1074 how school. following school or the focus of its 1079 1080 Replace the school's principal and/or administrative 1081 1082 (c) teaching (d) manage Replace and a majority nonteaching Contract the the with operations entity to a of the school's staff, including employees; nonprofit (e) of 1083 1084 or for-profit of the school. The supply all or of some entity to contract may provide the staff for the school. 3314. 1076 1078 staff; for 1075 1077 curriculum; (b) 1070 1072 school: mission 1068 1071 reconstitution chief by 1064 1066 Code distress for into or apply: officer the actions district to renew, Code. qualification executive the modify, entered Revised Revised following operated by shall for the to agreement the card the section, (I) negotiations bargaining Chapter If any 1085 1086 1087 1088 Reopen the the Revised and mathematics school Code school as or under a a community science, Chapter school under technology, 3326. of the Chapter engineering, Revised Code; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1089 1090 1091 Am. Sub. H. B. No. 70 As Passed by the Senate (f) If school Permanently the chief under shall approve reject or Upon the officer Chapter by of (f) plan the thirtieth plan for by to of of and June of commission, the a 1093 the 1094 either 1095 the 1096 section, school day the reconstitute this that reconstitute Notwithstanding 4117. of consultation entered its may into, effective with The chief bargaining agreement to designated for subject collective the to school shall another officer may division school year (H)(2) If district subject the by Any a the as school chief outlined to by this (H)(1) the 3302.03 card of the the district is does not meet the of for academic on purpose shall 1097 in 1098 of a or of by to the provisions following Revised subject to after 1102 1103 the 1104 renegotiating 1105 the 1106 sole in The 1108 shall be 4117. subject chief of 1113 1114 under 1115 a 1116 1117 has for this section in 1111 July reconstitute Code qualification 1110 1112 section. district 1109 to executive agreement to 1107 Chapter first day necessary the distress officer forth this 1101 Any provisions set as officer, providing as bargaining 1100 collective executive parties. in agreement have reopening the section executive extended chief collective the contrary representative. changes on the bargaining the to the effect report of officer bargaining agreed of for bargaining division section that as take reopen under (I) under date or to chief any provisions reopening Revised Code. reopening section executive the the collective renewed, designate notice Code, chairperson any this to written the reopen of any provision Revised modified, date terms. the discretion or plans the the shall or 1092 1099 commission, of officer (H)(1)(e) review it school. plan. (2) in the executive approval executive close division commission year. Page 39 the been issued second and division school the (N)(1) Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1118 1119 1120 of 1121 Am. Sub. H. B. No. 70 As Passed by the Senate this section, (1) powers The Chapter chief 4117. on provided that a chief of a this of pay decision in hours, limit, If report section that district powers 3302.03 of not meet the The limitation, chief 1131 any provision is not for shall executive or the 1133 1134 thediscretion 1135 such decisionmay employment. alter school district Revised to has a 1136 The 1137 provision 1138 (I)(2) of under been Code for this section 1139 1140 in the issued third and division 1142 school the (H) officer alteration (N)(1) of 1145 1146 exercise or may of 1143 1144 apply: officermay division 1132 Code; division a 1130 1141 qualification executive suspension, reconstitute subject following authorized under (2) the does chief under any insurance Revised of or reduce division have 1127 1129 the any 1126 section, not this way officer 1128 any conditions agreement card is The the 1125 or alter of in section. district the and or limit, suspend, to the section, (1) this on renewed, reduce shall 1123 collective shall 4117. officer a this under the 1124 contrary of of suspend, Chapter may necessary of date of executive modified, agreement terms section under shall bargaining (H)(1) chief not bargaining the into, any section. the and collective as to officer under officer this executive to or exercise any provision executive effects of the effective bargaining chief executive (J) this the alter chief (H) Code, 1122 may any provision the bargaining wages, division year the rate The to engage affect division entered after collective however, to or hourly subject or apply: officer Revised agreement extended of the suspend, bargaining benefits. of shall executive Notwithstanding limit, base following authorized under (2) may the Page 40 (I) of any this continue a in provision of the 1147 section. effect of a Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH a 1148 1149 1150 Am. Sub. H. B. No. 70 As Passed by the Senate collective this bargaining section. Any requirements (K) under year If district this and the section that powers agreement such report card of district is does not meet the The the to be subject (I)(2) to of the 1153 has been Code for this section in the issued fourth and 1154 school the division division (N)(1) of exercise (I), or any (J) of of the this 1161 (2) A new board district in However, the district chief education with the the district be shall instructional executive appointed 3302.11 officer and chief shall section executive managerial, until to of accordance operational, officer board under of the retain for Revised Code. complete control of the relinquishes division the (N)(1) of that this section. If the under section year, or any to executive this applies to chartered enroll of in division a and (I), (I), nonpublic the year, the 1163 1164 1165 1166 1167 (J), any or (J), in and the been issued the that the district is 1171 does not meet the 1172 chief 1173 authorized 1174 this of or section, the powers of (D schools, other this of the school section. this STEM school district fifth 1169 for (K)(1) (K), community residing of has Code district (N)(1) schools, district Revised exercise district, students the division (H), for school section officer may If card subsequent division (M) report 3302.03 qualification under 1162 1168 (D subject 1159 1160 section. control 1157 1158 may (H), 1155 1156 apply: officer 1151 1152 division. qualification shall division district Revised executive authorized under under shall that subject following chief of for the the the issued continuation restrictions 3302.03 section, (1) Page 41 1175 section schools, districts and meet 1170 1176 1177 that academic Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1178 1179 Am. Sub. H. B. No. 70 As Passed by the Senate accountability academic general the standards performance assembly academic in Page 42 bonus encouraging bonus access to high-quality (N)(1) in appropriates performance district shall When a grade 3302.03 of the Revised Code, transition out of period grade of in or last until higher than "F" the Revised Code not qualifies count as the one transition period, (D in of this which and the the ability district's the the for executive resume two academic two begin the officer the all operational, control the district superintendent and shall the the to chief the academic of grade the 1185 an 1186 section 1187 its 1188 as 1189 transition years "C" school or prior the higher the continue to and time. increase sustain Upon executive and 1196 to 1197 year 1198 1199 the 1200 their 1201 the 1202 of shall instructional commission shall 1205 1206 cease exist. (2) division 1203 1204 board and district distress 1195 the (F) completion officer 1193 apply closely with to shall school 1192 1194 During divisions to 1191 3302.03 after years. in 1190 overall transition period work district of an 1183 1184 section of shall managerial, 1182 residing Except the school district over The begin received (C)(3) year 1181 receives (0(3) shall superintendent of section described school the students. section. has consecutive conditions relinquish to to 1180 which students those section, overall for an purpose. division consecutive paid education by this this this be give district to improvement transition period, of the The control to to under division board and district to subject under for that enroll transition period begins chief district to district the section intended of district of for the transition period begins. that year subject (N)(2) shall fiscal higher being division each schools district "C" to high-quality overall provided of eligible funds is a be 1207 1208 If the (C)(3) district of receives section 3302.03 an of overall the grade Revised of Code "F" at under 1209 any 1210 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate time end during and again. the the The district at the subject to this of section district (N)(1) not of (O) If the officer shall it that the district shall cease to fully applied its are to to in this out to the of to no under this cease to 1213 1214 (H) to had (D the division district. longer any section, exist this district and any powers the with closure academic chief executive respect Code Beginning academic person be board of The chief distress damages regard to executive other from this The or duties, to to under approving an by 4117. this a the 1222 1223 of the of of or granted section, mandamus shall and or any 1231 claim 1232 1233 them the in 1234 chief 1235 such 1236 and proceedings to compel section. not for 1237 1238 exempt application 1230 not to to but 1229 shall failure 1227 1228 judgment, superintendent, this Revised the them 1225 1226 section. assist suit, each school members functions this section, superintendent, or any state superintendent section by of exercise under subject duties to and into the state behalf from the be their state the subject this of officer, commission, shall of on functioning officer, performance act of Chapter provisions commission, powers, their the date entered under executive liable persons (R) agreement resulting the effective education authorized to exercise the incorporate personally for on bargaining shall (0) 1220 1224 collective district 1217 1221 district. (P) 1216 1219 other the 1215 1218 schools or 1211 1212 being transition under the shall section divisions reconstitution exercise period subject transition apply to due schools subject division begin there transition being its the shall time commission shall to section any resume and the fully would have qualified at be began section district's distress shall point this operated by of transition period, district section this Page 43 any district an innovative Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1239 1240 Am. Sub. H. B. No. 70 As Passed by the Senate Page 44 education pilot program 3302.07 of Sec. district of the date 3302.11. (A) Revised Code, of this as it in which district to such municipality by the has this shall appoint this a from a (K) any of after "mayor" of section the school 1243 section the means the 3302.10 effective of a the mayor territory applies mayor is of nominate of January applies of later of in which a public school a days school instruction candidates for panel the of 1247 1248 or, if selected the education of this after shall the the be a of higher to of the mayor the on 1255 which Two persons education One selected by state 1258 1259 a the 1256 1257 the the 1254 nominating 1260 district 1261 following 1262 1263 representative (b) 1250 1253 nominating date convene consist for on members: (a) 1249 1251 section. district, appointment shall date district, nominated by (D)(1) thirty to following board of division than The to candidates applies education. 1244 1245 a located municipality instruction five-member under first 1241 1252 day slate Not section board of and majority public first new established to a this of first section superintendent panel on to territory. the (D) (1) applies division exists exist, superintendent which panel to section, which no district section 1246 municipality On under section. this (C) section subject in district district 1242 This used school As the Revised Code. that becomes (B) the the submitted by appointed by of vote business located principal a the of in the employed by the the mayor, community one of whom shall or an institution district; the district's district, principals 1264 1265 1266 who shall be conducted by superintendent; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1267 the 1268 1269 Am. Sub. H. B. No. 70 As Passed by the Senate (c) for One teacher teachers (d) Page 45 One appointed by employed by the parent student of a appointed by the organization selected by the chairperson of (e) The established Revised Code division (2) the and of ceases The first two panel shall and years shall meet is Not convened, serve members the later of than panel All candidates of the candidates corporation does not (F) of contain Not for shall all later candidates, slate hold served by the commission of appointed time as 1275 the 1276 under 1277 the of mayor to as 1278 shall the panel that chairperson. The panel 1283 the 1284 the be the after to a days the the of call 1285 panel 1286 appointment. 1287 of at of the office. the panel 1288 ten 1289 least district At board of 1290 school 1291 least two municipal that municipal five receiving members district board of 1292 1293 corporation territory. after select of nominating slate residents outside if initial 1281 1282 on as the the A vacancy shall the for 1280 time, the district's thirty the After elected public the of member at days mayor, nonvoting serve nominate reside a panel authority. shall no be at appointment the than appointment 1274 nominations manner shall education. shall members thirty possible shall existence. the same for and such chairperson make appointing in the its to candidates district as of filled 1273 3302.10 officer until superintendent one shall similar a 1279 select their or 1272 exist. necessary 1270 district distress section executive panel's of academic section, shall All the superintendent; under the pleasure (E) to in association, the of as chairperson. be that state panel chief representative 1271 enrolled state district the bargaining district; parent-teacher the (C)(1) commission of for the 1294 1295 the from slate 1296 the 1297 education. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1298 Am. Sub. H. B. No. 70 As Passed by the Senate Initial of members January expire on numbered to At their the determine board of if the of the of following Not each later board to be in terms the the referendum 1301 1302 first even- established for the division (N)(1) election to shall the district 1308 notify the the 1309 board district the electors the mayor of... (here insert the applicable municipal corporation) continue to members of of of . name the of the the board the to which board of elections of the district's territory is located arrangements the the same school education district and for election manner the as of county in which only part to vote, the to an be regular of the precinct. precinct in county of of the 1313 Such another an the that make a the and precinct assign voters with the 1316 the 1317 1318 majority 1319 necessary 1320 electors, certified for such in the 1321 1322 1323 election 1324 are qualified 1325 in such part 1326 assignment may be county the all to any 1315 the insert district in the applies)?" which question in of may section in of (here canvassed, provided electors name appoint . shall the elections elections . this conducted, officers, board of adjoining submission shall election adjoining 1311 1314 "Shall The 1310 1312 district: of 1306 1307 shall the 1304 held the election, on 1305 be before of 1303 section days general submitted to of appoint territory 1299 1300 date ninety day shall the continue the first after education At the section. years containing on their this held three than of county shall of referendum shall election. question and commission a office following (G)(1) pursuant mayor the referendum June least Revised Code, election, elections at exist take election distress education. of of division general to shall appointment day occurring ceases of general the academic district board thirtieth year the 3302.10 the required by (G)(1) which of following the election Page 46 made consent to and Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH an 1327 1328 Am. Sub. H. B. No. 70 As Passed by the Senate approval of the of the election circulation in or to election. the as maintains of the a election web The is (2) proposed (F) be of the site, on to July. section of shall nominate at least who reside mayor, if district's the Three to outside a territory. nominating the Whenever the panel voting the a in the July panel Nothing in to of of the the from nominating 1339 on in manner 1345 (E) as including does not division a and 1346 shall 1347 contain shall candidate 1350 (E) is 1353 to candidates all the of person Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1354 1355 1356 the preclude a 1351 1352 shall served by 1348 1349 to members two be first divisions panel 1343 1344 shall the panel 1341 of appoint members the on new board candidates as same members corporation this slate divisions nominating time, corporation in 1342 from of 1338 the of the the question education two municipal 1337 1340 the approve 1334 1336 form district on 1332 1335 the new board of candidates, that the prescribed number the Revised Code. shall manner of which term beginning mayor slate that municipal and to submitting members each board at of the terms same twice the of notice of to prior 1333 post prior on 1331 and Costs nominating terms, section. nominate day shall days appointed pursuant four-year to appointed the board was required be by first operates section a Code, 1329 1330 consecutive the the this general in electors of Notice be charged of of Revised question shall appoint following Thereafter, this the the thirty the be 3501.17 of of state. shall (G)(1) the for county. two elections ballot of for elections state The electors in 7.16 other newspaper week of site secretary two-year terms board web held. section. a board of shall nominated to once section the its mayor initial (F) If in majority the this be district division four-year and a in appointed of in a appointed day the immediately the published the with candidates as shall If question, the such being to accordance of notice prescribed by question elections provided election election. board of the weeks, Page 47 1357 1358 who 1359 Am. Sub. H. B. No. 70 As Passed by the Senate was a member shall of preclude Page 48 the the board prior mayor to the referendum from appointing such a election person to or 1360 the 1361 new board. (3) If a in division proposed question, regular The a majority shall prior election, the next and the of to have the the members years. Thereafter, their manner and same for members of the in boards be terms after the end of the terms their successors are qualified (H) All education of the appointed of this to the under elected the at odd-numbered this as the terms for two in the provided in the which and Revised board appointed office in same Code to At have business the any given management municipal time, significant municipal of serve until accordance to or a board members 1369 1370 1372 1374 1375 1376 1377 (G)(2) of of 1379 this 1380 at expertise and at least corporation corporation least does in one two the education, member served by not of contain board members finance, shall or reside outside 1383 1384 mayor, if that 1385 all of district's 1386 the 1387 The as 1382 the territory. (2) 1368 1381 (I) of 1367 1373 section: shall 1366 1378 apply (F) 1365 1371 Code. shall division the continue they were assume Revised of to years of members in such terms elected shall year. At four be All next rounded up of 1363 1364 board section. of members for question the shall section following the disapprove an elected education. under 3313.09 be on members under elected as be of of number shall appointed section shall number education with section successors of voting November total shall remaining for this appointed the number of same board of electors education occurring one-half whole the (G)(1) new board of election board place 1362 members the of the chairperson board of the shall board. designate The one of chairperson its 1388 shall 1389 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate have all the president (3) advice of The and 3302.18 school authority, a of board mayor may of 3302.16. of the or Code educational, and in (2) 3302.18 For of provider care to community or than student, (C) to the or accordance maintain the obtained in partners family, is not this center years shall is at learning of the course of or under local health of a the community- 1398 1399 to 1400 hours 1401 3302.17 means the to state a if years and 1409 of student 1410 is the old. center federal patient-identifying health a 1411 1412 1413 employee, learning 1407 1408 consent of 1405 1406 action student, consent any health Code. the 1403 1404 other school written eighteen and a and a of any Revised written community providing 1397 school and by custodian, center of of services sections the 1395 1402 services least 3314. a 1396 session. obtain or means comprehensive during and 1392 1394 school Chapter provide appropriate or the and center" coordinated, coordinators, applicable confidentiality 3302.17 community members health old, volunteer or 1390 1391 board with "community partner" guardian, all and in 3302.18 providing student with to section resource section community a the 1393 village, in upon Code. learning established determined parent, eighteen contractor, in under learning A exempted families, on-site Prior if "community Revised Code, programs student's less of students, created (B) the the in community members school the sections used school purposes services, services team which of As city, and Revised panel. developmental, families, the conferred nominating community students, duties any member that participates based effort with hours the community Revised remove Revised Code, a and education by (A)(1) operated by district the rights, consent Sec. Page 49 1414 shall, 1415 laws, 1416 information 1417 services. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1418 Am. Sub. H. B. No. 70 As Passed by the Senate Sec. exempted school 3302.17. village, to or initiate prescribed by (B) district board of school First, public this Any school building local school district, learning of to of or the learning a a city, community Revised 2015-2016 which 1420 Code is 1421 center process as 1422 inform process. this at The with section to governing shall building of the 1425 for public conduct to a which 1428 this advance sites authority may do information Announce at the tools with 1432 Schedule (3) Provide languages (4) in the meeting and to on not the ensure less than school's effective forty-five or days district's communication in the meeting 1435 with 1436 1437 for an evening or weekend time; services and written materials 1439 spoken per or 1440 by five cent more of the students 1441 child care services for parents attending the meeting; (5) the 1442 1443 Provide employees, at 1438 interpretation school; Provide 1434 web disabilities; (2) enrolled the school and using all 1431 1433 individuals in 1429 1430 hearing: (1) 1426 1427 community governing the 1424 applies. school board or each center process authority community regard year, school learning each the school community governing hearing following or community or 1419 1423 the a to board center the with building applies 3314. community education information section the initiate the Chapter operated by section. Beginning authority may all (A) established under eligible any Page 5 0 and parents, students, community members teachers, with the nonteaching opportunity to 1444 speak meeting; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1445 1446 Am. Sub. H. B. No. 70 As Passed by the Senate (6) Comply with In or Page 5 1 preparing governing hearing is The section for the authority public shall governing agreement with any organizations, or employee implementation of the hearing under the board or at the least apply (C) Not information conduct become an a hearing, school but are and nonteaching the The ballots and on web into (A) center about the 1449 is 1450 an 1451 learning 1453 process. a follow-up further building this 1454 taken or section a to who to the until 1457 no 1458 initiate students the or to to 1462 guardians of 1463 and the to teachers ballots with The every authority shall make of the and copies school. the The enrolled governing shall in a 1464 district teachers school distribute available board ballots nonteaching student board or 1461 process school school, assigned the enrolled vocational attend shall 1460 may 1465 1466 1467 1468 governing site 1456 first public authority Only parents joint are after governing and 1455 1459 days center. school entitled and 1452 the conduct of 1448 community support school paper ballot, also may distribute ballots (D) to board community. enter shall the forty-five employees the the building. board or the hearing, 1447 election. by mail authority by to Code. information action division operated by board or the in the in otherwise in annually until than election, learning authority respect Revised organizations, organizations school sooner enrolled different vote the community students engagement described to that authority may governing once the throughout community section with conditions longer civic of information ensure broadly distributed board or The 149.43 by employees in the authority or at the 1469 school 1470 governing directly and school shall the 1471 giving sending home building. initiate the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1472 1473 1474 1475 Am. Sub. H. B. No. 70 As Passed by the Senate transition of results the are as of the election At least enrolled enrolled in school a held by those a (2) employees by date the At the a community under learning division board who are (C) sixty-seven the least school center of and this if the section to board or guardians building operated by a attend per and joint the governing sixty-seven cent of 1480 vocational 1481 school cast 1482 and 1483 of 1484 authority, are in favor 1485 cent to the governing cent of teachers school authority, are in favor and nonteaching cast ballots by and ballots of of those initiating a 1486 date at the If this a a community section, school Code. Within shall conduct partners, parental a and the or Code, school a specifications (F) action Upon team governing team under section performance input, in board or upon complete, Revised work center process four months under its learning the action restructuring The 1487 1488 1489 1490 (E) create 1477 students process. under 1476 1479 and assigned per parents entitled fifty per or of building process; are cent eligible set by at least who the in but ballots initiating fifty per different district ballots least to 1478 students set building follows: (1) of Page 5 2 federal public present the the 3302.18 the of school with school school 3302.10, and with shall 1492 the 1493 Revised action team community review, regard 3302.12, 1491 or that in of provide 1495 with 1496 to 1497 3302.042 the quarterly complies division its 1494 of the 1498 1499 shall hearing completion authority consultation of initiated law. team prescribed shall of section action in audit needs selection, is audit findings with the (B) of and review, at a this public updates of 1500 same 1501 section. 1502 the 1503 school hearing that Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1504 Am. Sub. H. B. No. 70 As Passed by the Senate complies of with this the section. findings at the learning center interventions, developed by Page 5 3 same specifications After the public school hearing, improvement which may be the action it plan that under in division team presents shall based on department prescribed create a designates the (B) its 1506 community 1507 appropriate 1508 recommendations division (H)(1)(b) 1509 of this 1510 section. 1511 If there planning is a process, federally mandated the team shall school coordinate improvement its work 1512 with that plan. school majority Upon team to section. The submit same in section At same are least enrolled enrolled in of those by a date the At the plan by a 1515 of as in division and submit an the community the (C) that plan under team, 1517 improvement election school election action center indicated under shall or school learning described to of this shall per in eligible the who cent building are set by the least of parents school 1520 division. 1521 the 1522 governing division to board or per and 1523 (G) a attend are and joint the governing cent guardians building operated by entitled fifty per 1519 be of in 1524 1526 students 1527 vocational 1528 school authority, favor of cast 1529 and 1530 of and thirty 1518 1525 thirty at the follows: process; least plan by distributed team results but ballots initiating (2) approve community manner different district ballots shall the education as students school be action the a the shall board of if of individuals the school authority, (1) approval Ballots conducted this team 1516 shall the district action vote. (G) plan 1513 1514 The the 1505 1531 1532 cent of teachers and nonteaching Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1533 Am. Sub. H. B. No. 70 As Passed by the Senate employees set by least who board or fifty per cent board or determine authority plan. plan If in are to adopt it in the provide plan (H)(1) The department (a) this Adopt it. plan the were of in by and ballots shall The those full or written the or at the portions not plan explanation of 1537 the the why 1541 1542 do all of the following with 1543 section: rules 1544 regarding the elections required under 1545 action center appropriate improvement team under (c) offered posted 1546 Develop learning Publish by on division a the of shall Provide interventions plan (F) of this solicit site. input learning regarding including the community buildings meeting (i) "No between The is in Child Left the secretary of learning building Ohio a 1547 school 1548 1549 that may be information compile this resource shall 1550 be information coordinators of 2001" 1552 1553 implementation of 1555 and services 1556 supportive to school 1557 conditions: improvement of of 1551 1554 center model following Behind Act department The from community-based programs the used by services To comprehensive of community centers; information any a section; and centers. web for that may be programs learning department's community (d) menu community department existing 1539 1540 rejected. shall 1535 1538 of adopt 1534 1536 governing adopt does date process. evaluate board authority a of a section; (b) the cast ballots initiating authority governing shall school authority, adopt of to the favor governing board or full, respect the shall to governing whether the portions this assigned the The and are Page 5 4 status or education as under and the 1558 defined by an agreement United States education. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1559 1560 1561 1562 Am. Sub. H. B. No. 70 As Passed by the Senate (ii) lowest The (iii) rate building achieving statewide, of Page 5 5 as is fifteen a secondary per determined by The building sixty per cent is or cent the a of school secondary is among the schools for 1565 school three or with more a graduation consecutive years. The determines (2) building is The is a (a) school teams department may do 1567 the department 1569 the 1570 following with respect to 1571 1572 Provide this assistance, teams in the with stakeholders schools parents, in higher planning process and implementation of a 4117. of section prevail over agreement section. teachers' to the be a qualified training audit any and to 1573 required 1574 in grant a the conflicting the in on board the 1576 improvement 1577 relevant 1578 school community into action 1579 program organization may considered other school schools; Code, entered of school any provision Revised However, labor share support create Notwithstanding Chapter to performing financial factors the for members teachers, Provide this of and 1575 (c) bargaining conducting opportunities from different (!) facilitation, section; Provide strategies the that persistently low-performing. action (b) of school section: under 1566 1568 (iv) this 1563 1564 department. secondary lower that to action team's 1580 assist in the 1581 plan. 1582 learning to the contrary requirements provisions or or center after of the governing negotiate adoption of a of a in 1583 this 1584 collective effective authority date and additional community learning center plan. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1585 1586 1587 1588 1589 1590 Am. Sub. H. B. No. 70 As Passed by the Senate Sec. 3302.18. process is for school any local school of (a) of who are team not a section a Code, school the a members, as individuals, of city, the the center 1591 Revised Code 1592 exempted school village, established district governing school learning 3302.17 community Revised for community operated by or community Seven under The 1595 shall team create a shall 1598 consisting in the school teachers or nonteaching of parents or guardians and members of the employees, as elected by 1599 community to (2) 3302.17 school To of teachers the students school assist school who partner serve partner be authority, is the The to potential considered a coordinator shall and services (B) All members members. vacancies shall the Terms be in for of a of filled the the office in team 1601 The action development the action same be 1603 guardians peers. 1605 under section 1606 community shall select or the an 1608 community 1609 community team. or community The shall resource coordination center. team shall serve for three years, as the 1610 1611 coordinator learning manner 1607 make and 1604 their authority, resource school shall for are or school, shall community school partner coordinator governing a initiated district, action of parents district board, the who elected by community candidates. programs voting team board, assist not action resource member are as or school the and employees school, employed by as center. on the Revised Code, individual recommendations a nonteaching building in governing learning and enrolled the to 1600 1602 Five assigned 1596 1597 follows: enrolled 1593 1594 board of authority building. or peers; (b) not the twelve students their of or action consist building of If under district 3314. education (A)(1) initiated school Chapter Page 5 6 of 1612 1613 1614 1615 1616 as and original appointment. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1617 1618 1619 1620 Am. Sub. H. B. No. 70 As Passed by the Senate Members (O 3302.17 of the In of Page 5 7 shall serve addition the to without the responsibilities Revised Code, the school 1621 listed action in team section shall do all following: (1+ Monitor improvement (2+ and plan, Meet if with assist in the for and make superintendent and board of (3+ (4+ parents, (5+ parents Advise Continue an Develop that of the school principal of community of the the school and outlines to the 1628 or 1629 district 1630 1631 in engage students, 1632 the school; feedback and 1633 information from 1634 survey; approve the a role 1635 written parent of parents and involvement guardians in 1636 the school; 1637 1638 (7+ Monitor achievement; and ethnic groups, matters (9+ progress limited Receive affecting Meet and regular the school related and proficient students updates regularly with policy matters data with from the to academic expulsions; disaggregated English students, on suspensions, reclassifications disadvantaged (8+ school attendance, rates; discuss 1625 1627 budgets; collect annual other school; ongoing mechanisms that to and recommendations education community members using (6+ on Establish and 1623 1626 candidates authority implementation adopted; positions governing 1622 1624 administrative policy compensation. by major students, graduation racial economically disabilities; principal policy advice parents community members affecting the on on 1640 1641 1642 1643 and provide and and 1639 such matters; to school. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1644 1645 1646 1647 Am. Sub. H. B. No. 70 As Passed by the Senate Sec. program of 3310.02. is hereby education nonpublic Revised Page 5 8 (A) schools for educational established. annually Code The in up shall Under pay accordance to the choice the scholarship program, the scholarships to with 3310.08 following section number of pilot department 1649 chartered 1650 attend of the 1651 eligible 1652 students: 1653 (1) Thirty (2) Sixty thousand thousand in in the the 2011-2012 2012-2013 school year; school year 1654 and 1655 thereafter. (B) 1656 If the exceeds the of section this shall in the division Code. this number of available students receive (3) of described any to division divisions Code. the this If section number who school following students who a under year, the order of received students with family cent of the federal poverty 5101.46 of the Revised Code, (A) number and of (E) this in apply for scholarship 1657 division 1658 (A) department 1659 priority: 1660 scholarships 1661 of apply the (B)(2) described in scholarship department of this or as qualify 3310.03 are at guidelines, who section awards incomes of made shall the division exceeds eligible and (E) students for a of described scholarship 1664 1666 1667 the 1668 under 1669 select 1670 section by lot to 1671 1672 students section 1663 1665 scholarships. other (A) a after section, division of students scholarships remaining Third, available for 1662 section who (B)(1) the eligible the of in apply year; divisions If who applicable eligible to (B)(2) division the school section students scholarships hundred per in Revised to Second, below two under for First, (2) of of scholarships prior defined number number award (1) 1648 who qualify under 3310.03 in of division exceeds the the 1673 Revised (B)(3) number Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH of of 1674 1675 1676 Am. Sub. H. B. No. 70 As Passed by the Senate available (1) and scholarships (2) students receive If the to (3) of in division number who in division any section a with federal select of are in of lot incomes made to the under section by (B)(4) number divisions select lot 1681 who 1682 to 1683 of of (B) students receive 3310.03 described in are this students of the made the section by qualify under (B)(5) number under shall who Revised Code. division exceeds department of to the (5) number who of apply scholarships of in remaining this cent (B) students of of If this 1686 1687 1688 the 1691 section 1692 (B)(1) select students lot receive to 1690 available divisions the of section students for with of a after section, division 1685 to 1693 (4) described any 1694 1695 1696 1697 eligible division 1684 1689 eligible awards 1679 or Revised division shall at guidelines the exceeds department this family poverty described awards the 1677 1678 section by 3310.03 scholarship (B)(4) hundred per under described of after other the (B)(5) section to students the scholarship after Sixth, available (1) this (B) scholarships. below two this a section, remaining shall divisions 1680 of section, students this If for section of of under scholarships. of for made department (B)(3) students (D) scholarships Code. of to apply qualify (D) Fifth, of (6) cent division remaining (5) eligible apply this the are scholarships. division who awards division scholarships described any to number section available (1) in hundred per under after section, remaining Fourth, below two this this described (4) Code. of any qualify Page 5 9 (B)(6) federal 3310.03 scholarship the of are in of made section the the under shall by at guidelines (B)(6) number divisions select lot or who Revised division exceeds department this incomes poverty described awards family to of of (B) receive Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1699 1700 students scholarships. 1698 1701 1702 1703 1704 1705 1706 Am. Sub. H. B. No. 70 As Passed by the Senate (7) Seventh, division number who (B) of apply of scholarships of this in division Sec. purposes the the student (C), after the (B)(7) the (D), or cards school year A student (B)(7) of number under to of of If this 1707 the 1708 section 1709 (B)(1) select students lot receive to under available divisions of this is of sought, of 1710 to (6) described any this which performance index 3302.03 of the of not apply district operating Code and division to for two the declared under 1715 if 1717 under 1718 the (A), a a of is any the first on the Code year rating which 1719 (B), 1720 for as or report 1723 published 1724 which 1725 of a described a in 1726 combination 1727 three most day 1722 July recent of 1728 the 1729 sought: to to that, school be in division and of a 1730 state 3302.03 March grade Revised Code 1716 in building Revised section prior received school the and scholarship under a receive to existed score is district the section building in July Code The 1712 1721 of watch in for pilot program school Revised 3302.03 academic a program the resident emergency or that 1711 1713 section: prior a not conditions section, published student" scholarship enrolled did following for is section day "eligible is of the student's first an choice 3313.979 one (E) is scholarship was section the shall district building (b) division made qualify Revised Code. section by The as the who 1714 the the report (a) are this student (H) of of The the scholarship any in department resident issued under division of students exceeds educational 3313.974 to awards pilot project operated by prior described 3310.03. (A)(1) card 3310.03 scholarship satisfies or eligible scholarships. of sections of a student's which other section section, remaining to students for Page 60 22, "D" or (A)(1)(b) for the of of academic the Revised 2013. "F" or 1731 1732 1733 for the (B)(1)(b) value-added Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1734 of 1735 1736 Am. Sub. H. B. No. 70 As Passed by the Senate progress section 2014 dimension 3302.03 school ten through for the (1)(b) year per the or twelve, of section adjusted division the or if score 3302.03 of for the building index cohort (A)(1)(e) Revised Code both; performance under grade of Code less of 1737 2013- 1738 only of grades the building division grade of "F" 2014-2015 received (C)(3) for of the (C)(1)(e) of an section overall 3302.03 "D" or "F" 1740 (A)(1)(b) or (B) 1741 and had than section 3302.03 or any The student will be enrolling kindergarten through twelve school least five school for years year would be the year for of which age which a assigned under school building year for described (3) The established student under in a by a four- 1742 seventy-five the section a Chapter assigned Code building described a (4) the The student student's established under Chapter would be Code school a of state for the is 1743 sought, and is sought, in of under in a the of in a or 3314. the of in described in to 1749 1750 time be in at the a (A)(1) of in 1755 school 1756 3319.01 division 1757 1758 1759 the this community of Revised 1760 section. 1761 operated school and 1762 1763 1764 the (A)(1) 1752 1754 but building 1751 1753 school of 1746 1748 otherwise Revised Code section for section. 3319.01 a Code of Revised Code school or 1747 Revised Code community division under this section 1745 under will January scholarship (A)(1) Code first sought, of "F" grades the district assigned building any day or thereafter. of enrolled resident otherwise to is Revised 3319.01 3314. would be dimension the is "D" Revised in first enrolled otherwise to this of the year scholarship division is school scholarship which in of of year the grade value-added progress school (2) 1739 1744 The division by a or serves division Revised rate (B)(1)(e) 2012-2013 building under graduation the received the or cent. (c) a under of year, Page 61 of Revised this Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1765 1766 Am. Sub. H. B. No. 70 As Passed by the Senate section in (5) the Page 62 school year for The student will kindergarten through twelve at least school a five year community Revised years for resident which school Code, of and age a The is by this the state first all of the in for day is established under any the of following of first or is 3314. apply to sought. grades January sought, Chapter is and the In district day of July the district the of most the did section, has in year receive and in school year, any or a at an in the 1773 student to a in the for a rating least prior to two the combination prior the the in the is of first sought, division three most day grade building; to scholarship first of school described of 1775 student's particular which open July following (H) recent of apply existed progress section 2014 prior under March index of dimension 3302.03 of year, the or (C)(3) to of 1778 1779 1780 that 1782 to 1783 the be the in a state of academic 1785 Revised Code as it 1786 2013. received under 1787 a grade division Revised Code under division of "D" (A)(1)(b) and for (A)(1)(e) Revised Code or for the the or "F" or for the 1788 (B)(1)(b) of value-added (B)(1)(e) 2012-2013 or received of 1789 1790 of 1791 2013- 1792 both. district division 3302.03 score the declared 22, district 3302.03 The was section to The school (c) district under performance section 1777 1784 The (ii) 1776 1781 district: emergency 1771 1772 student's intradistrict rating published not published no assigned school cards force which recent report (i) 1769 1770 enrolled of the 1768 time of 1767 1774 automatically (b) this in scholarship enrolling scholarship enrollment policy under of both the district: (a) level be which 1793 an section overall 3302.03 grade of the of "D" Revised or "F" Code Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1794 or 1795 Am. Sub. H. B. No. 70 As Passed by the Senate a grade of division the "F" year which for the the the (B)(1)(d), to two the scholarship first is student operated by the student's (a) most The recent Revised for which all public under school first day to of a of any of rate the of 1801 "D" or 1802 1803 3302.03 report school the in of resident July ranked, in a school district the first is of was day sought, the at 1804 cards 1805 for 1806 year building and of in Revised not July the to to 1808 which both of education, under two of 3302.21 of the lowest the of three the school ten performance per year cent index of 1814 score 1815 1816 to be ratings section excellent as or 1817 determined by 3302.03 of rating published prior the school year scholarship a to 1819 recent which 1818 the most for 1811 1813 the 1820 is sought. (2) 1809 1812 Code. declared such least section according of of for under equivalent the 1799 1800 under section recent is school grade of most the serves graduation July enrolled buildings building or Code in student 1807 published 3302.21 department Revised is was scholarship The effective, the prior section (b) of the 1798 1810 rankings a that received three 1797 apply: building Code the day year, (C)(1)(d) for sought. The following of or Code 1796 thereafter. building cohort under Revised year sought that adjusted in a dimension the school in is and of school enrolling (B)(1) the any 2016-2017 twelve four-year prior or 3302.03 scholarship Revised Code a year be (A)(1)(d), published which will value-added progress section in through the division of or nine for of Beginning in "F" the school enrolled grades for (C)(1)(e) 2014-2015 (6) Page 63 1821 1822 The student will be kindergarten through twelve enrolling in this in any of state for the grades first 1823 time Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH in 1824 Am. Sub. H. B. No. 70 As Passed by the Senate the school least year five Page 64 for years which of Revised Code, by which a scholarship under section which a age, the is 3319.01 (B)(1) (3) The established under of day the is Chapter 3314. assigned Code building described (4) by the The student student's established under Chapter would be Code school a section in (C) time The the of the under meets is the For thereafter, in of under for a would be the at 1825 the 1826 year for assigned school building year a school standards of a for 1829 in 1830 described in in of of of this community division the a by the of (B) of 1835 the 1837 Revised of is this sought. at and section the the the student district school which both of a is resident the year school year in of school through the 1839 1840 1841 1842 of 1843 the 1844 3310.031 1845 1846 2016-2017 kindergarten 1836 1838 board Revised Code division section. school school state 1834 and scholarship the Revised operated (B)(1) nonpublic 1833 the building 3319.01 1832 but Revised Code section charter 3301.16 1827 1828 school 3319.01 (B)(1) in which enrolled student's to division described in in of school Revised Code section the enrolled time in the 3314. is grades the community or granted section of a district year is 3321.01 be Revised Code. (D) three, building student in school in under assigned school school education student the a Code will 1831 enrolled resident otherwise to is of otherwise Revised to sought, section January and enrolled would be a in is section. otherwise to of sought, this student defined sought, is of scholarship as first scholarship division a for or any twelve which following be in a each grades building will and year kindergarten that is enrolling this school state scholarship through operated by in any for is the 1847 the of 1849 1850 first sought, 1848 and apply: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1851 1852 1853 Am. Sub. H. B. No. 70 As Passed by the Senate (1) The ratings of July the of a literacy in (1)(g) progress three of the is in first published which "F" not July the of through in most the to the of a school is of 1854 day 1855 of 1856 in 1857 improving division Revised grade recent sought, under the (B) Code; "A" for of section making year for which a prior 1862 to 1863 scholarship 1864 of Chapter enrolled 3314. through Will which (F) of a A the be both in age and may school years as of (1) would be in a community Revised state the The student's transfers assigned in either: any the to a of the 1868 established under grades first of 1869 time January kindergarten and of the at least school scholarship pilot program under remains scholarships completes 1872 year grade in the to the a an eligible subsequent twelve, so long 1876 1877 1878 1879 district new resident new 1873 1875 apply: resident 1871 1874 receive student 1866 1867 operated by school section sought. receives following to 1870 in for scholarship the subject student building first day is is Code; enrolling continue until the student school student who choice the a this by and district in scholarship educational student or of twelve years resident Revised Code district (2) all student's the Is resident five 1865 The (1) 1860 1861 3302.03 rating published 1858 1859 kindergarten through (C)(1)(g) recent first progress three grades or three most scholarship receive (B)(1)(g) in the prior 3302.03 literacy division a of for making section did two sought. 3302.10 the of improving of or least kindergarten building day at for "D" Revised Code (E) for of (C)(1)(g) under the year grades The in buildings school grade or (2) building, school received Page 65 resident remains the same, district and otherwise district to a or school Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1880 1881 1882 Am. Sub. H. B. No. 70 As Passed by the Senate building this described The student's (3) In chartered student takes level while each school nonpublic than instruction, not (F)(G)(1) The of school Revised year, Code ceases section. a to The prior meet department respect school school a districts prior meet (2) to the the first department pursuant with to respect to of prior meet (3) in a to school (D), or (E) of of shall first of scholarships criteria in department pursuant to day shall division the of 1886 in a school 1889 for July 1890 section of this of 3302.03 the 1894 of 1895 1896 this 1897 of recent of this with ratings the year, 1899 of of most school this of this 1901 ceases 1902 1903 1904 section recent the year, 1900 Revised first-time the this 1898 section. (4) 1893 school section school awarding (D) section recent (A)(1) 3302.03 the (B)(1) of 1892 first-time to in this section awarding of of 3302.03 of 1887 1888 first-time most most the that, cease the of (B)(1) July division from open (4) awarding (A)(5) divisions to of 1891 to of section cease building is division in July division 1885 school; enrolled awarding under (A)(5) that, under nonpublic absent in day in division day cease (A)(1) cease under The 1883 the 3301.0712 is school that, criteria shall is for absences. first buildings the the shall school the student that the published criteria The to the published district scholarships ratings to the chartered student building or a excused buildings pursuant Code or prescribed 3301.0710 divisions school scholarships to the days to in that department to ratings year including with respect enrolled twenty pursuant to (B)(1), assessment section school, scholarships Code (A)(1), each under Code not more the division 1884 grade Revised for in section; (2) the Page 66 Revised ceases section. first-time section with Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1905 1906 1907 1908 1909 1910 1911 Am. Sub. H. B. No. 70 As Passed by the Senate respect to a Page 67 school building school buildings under to first of the criteria in (4) day The (D) department scholarships pursuant respect to school Revised Code for district the the a when However, prior school this of this recent the year, ratings Revised ceases Code to of 1912 prior 1913 the 1914 meet section. cease 1915 awarding (E) subject of to first-time this section with section distress 1916 3302.10 commission 1917 of the 1918 established 1919 exist. students who remain this most of school division to the 1920 have received eligible scholarships students pursuant in 1921 to 1922 section. board absences of for 1923 education purposes of shall adopt division rules 1924 (E) (F) (3) of section. prescribed any section of A a the 3302.03 July student divisions for of of who satisfies (A)(1) scholarship following of the the to if in (4) the the year for of the this which a rating prior 1927 shall resident recent published conditions section student's most Revised Code school only not building under to scholarship the existed building under prior (b) of The effective to has an section March 22, For the 2012-2013 building has a score the 1929 first is 1931 1932 1933 (a) the 1928 1930 sought: or 1925 1926 in eligible meets day the academic state excused (H) (!) (1) be the of The of district year division (E)—(F) —(H) to in 3302.03 shall ceases (5) defining section July division that, under grade division Revised Code of overall 3302.03 for of the Revised of excellent Code as it 2013. or "A" the 1934 1935 1936 2013-2014 (A)(1)(b) and designation or or "B" school for (B)(1)(b) the of year or both, performance section value-added progress index 1937 1938 3302.03 1939 dimension 1940 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate under division Revised Code; twelve, the cohort per (A)(1)(e) or index 3302.03 of or (B)(1)(e) building received the a under serves grade of greater section only of division Revised Code rate of "A" 3302.03 than had or the 1941 grades ten through 1942 or for the 1943 "B" (A)(1)(b) and of a or (B)(1)(b) four-year equal to of 1944 adjusted 1945 seventy-five cent. For the the division (C)(3) grade "A" of division the than a a or scholarship following Revised school if in year the (b) for The The progress of or to which of this of dimension "A" the per a has Code 1949 and twelve, 1950 1951 Code; the performance if 1952 building 1953 index the a under Revised of 1948 under dimension the or score 1954 Revised Code rate of greater shall conditions not be 1956 district meets under section to first day is overall prescribed eligible rating the of any 3302.03 July of for of the 1959 the 1960 of the the grade 1963 of Revised excellent Code as 1964 it 1965 1966 of "A" division Revised Code division 1961 1962 2013. a 1958 a sought: designation of 1955 1957 the resident under under "B" graduation only 3302.03 22, or year cent. section an school Revised 3302.03 scholarship has of the cohort prior score the for any through section recent March index of ten satisfies section district 3302.03 "B" student's most under or of 3302.03 grades adjusted district prior performance section "A" published effective existed the grade 3302.03 seventy-five (A)(5) Code (a) only student who division a section (C)(1)(b) four-year A has year value-added progress of of to school section the grade equal (2) of serves division had building (C)(1)(e) received and 2014-2015 for building under 1946 1947 thereafter, or the score graduation (c) in if building performance section Page 68 and or "B" for (A)(1)(b) for (A)(1)(e) the or or the 1967 (B)(1)(b) value-added (B)(1)(e) of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH of 1968 1969 1970 Am. Sub. H. B. No. 70 As Passed by the Senate section 2014 3302.03 school (c) (C)(3) grade "A" the the of for 2014-2015 purposes the school the is a 3313.979 the Revised Code, hundred per in section (B) and cent the of each of any student of the if district Code, and student's 2013- of the fiscal Revised year for of shall pay scholarships in accordance Revised Code. The number of section shall not exceed the appropriations made by Scholarships the of 1975 Code for 1976 is 1977 for resident not 3310.03 is at of 1981 to eligible to number general 1982 for an the who are 1983 1984 or below two as defined the general section, attend section the can assembly section department chartered 3310.08 1985 1986 be for shall of 1988 1989 1990 the 1991 this 1992 funded with 1993 this 1994 awarded that assembly under be purpose. awarded as follows: (1) 1979 1980 pilot project 3313.974 1978 1987 this with this 1974 scholarship guidelines, scholarships under the income which purposes schools a Code. for education 1971 1973 under choice section poverty and student" student's student under thereafter. sections family Code "eligible which under "B" Revised year the under or dimension the an in the federal of "A" Revised educational operating the is funds (C) 2012-2013 of the school appropriates nonpublic the grade 3302.03 scholarship 5101.46 In is Revised choice 3302.03 section school program overall or A this scholarship educational year expansion not of an section (A) pilot program under district for value-added progress of 3310.032. of has section (C)(1)(e) Sec. Revised Code 1972 district division division of years. The of Page 69 1995 1996 For the entering 2013-2014 school kindergarten in year, that to eligible school year students for the first time; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 1997 1998 1999 Am. Sub. H. B. No. 70 As Passed by the Senate (2) For each awarded to highest grade addition If the the scholarship under shall in next in of for which grade eligible school students above year, be the exceeds the for in 2001 in 2002 received 2003 who apply for a 2005 scholarships this the section, following 2006 the 2007 order of 2008 priority: (1) under 2009 First, this (2) (1) of any apply (2) of this described any student If the in of with family poverty exceeds are incomes the under section of number select by at or guidelines. (D)(2) made shall this 2010 2011 division department scholarships year; federal awards (D)(2) the If 2014 of 2015 (D) students to the division of are students students exceeds awards receives the made of under receive 2018 qualify under of in 2020 division 2021 available divisions shall this who described number department (D)(3) divisions a 2016 2017 select section by 2022 (D)(1) and 2023 students lot to 2024 receive 2025 scholarships. to 2013 this division lot 2012 2019 eligible number section Subject who after other section, remaining (E) to after in of received scholarships. this scholarships students scholarship the who school described a division Third, of prior cent for section, in students eligible scholarships section. (D)(3) to the students remaining (3) this of this described in hundred per who available eligible section number section to Second, below one the 2000 2004 students scholarships level shall year. appropriation award scholarships preceding school section the the the preceding this on year, levels number based department awarded grade in school students level the scholarships available subsequent eligible to (D) Page 70 2026 (E)(1) scholarship to under (3) of this this section, section remains Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH a 2027 an 2028 Am. Sub. H. B. No. 70 As Passed by the Senate eligible this student section completes in grade Page 71 and may subsequent school twelve, long conditions specified 3310.03 the of Once a shall current school division (1) per cent poverty the remain year of in a If the but is scholarships until the student as (E)(F) (2) the student satisfies and under (3) of this at for rises under that family below three the student seventy-five the years amount the school, income per cent 2030 the 2031 section 2032 the 2034 the 2035 if specified the 2036 in 2037 remains 2038 however: is above cent receive of for even student hundred per shall section, scholarship provided nonpublic this school above section, student's or awarded subsequent income the 2039 two of hundred the federal a scholarship full scholarship in If cent poverty per the but at student's or of fifty shall per cent the student's cent of the federal 3310.035. educational choice 3310.032 the of first September 3310.03 of time 29, the (A) family A an after Code, cent full is educational who under and receive of a the above is the four 2042 date—of a in amount. 2047 2049 2050 scholarship. 2051 for an 3310.03 2052 and scholarship for this—section scholarship 2046 2048 hundred is 2045 no sections for federal student eligible both hundred scholarship choice applies a three scholarship guidelines, the—effective shall above receive income student scholarship Revised 2013, of poverty receive is hundred per student the to income the If eligible family four (3) Sec. the below guidelines, amount longer 2041 2044 (2) the 2040 2043 amount. per 2029 2033 eligible chartered of receive years divisions and guidelines, amount in to Revised Code. family (A) enrolled so scholarship student student's continue under section Revised Code. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 2053 2054 2055 2056 2057 Am. Sub. H. B. No. 70 As Passed by the Senate (B) A student who and 3310.032 of the previous school scholarship the does under The not (2) A 3310.03 student (3) of the who ,_ (C) , and maintain grades (D) 3310.03 of no this such kindergarten district order of among the state an districts of the receiving authorize of to as district under another of dissolved its exceptions population, the school territory. to and school other scholarship 2064 under 2065 section superintendent 2066 conditions 2067 section, and a 3310.032 (E)(2) and under division any such shall be no funds, districts factors does 2074 of school 2076 and 2077 its 2078 made 2079 shall 2080 and the board of where 2075 by order property, among is 2072 2073 not districts which or be dissolved agreement make (B) existing or district state shall consisting district The 2070 2071 district if 2068 2069 education topography, compliance impracticable. The 2063 under divisions voluntarily, of a section schools education division 2062 exist which schools districts as: long Code. and school 2060 so that in 2059 2061 the of school twelve the available with (3) shall in received for provided no scholarship 2058 student scholarship Revised section, board equitable a a 3310.03 Revised Code. specified Except such year, the satisfies the through surrounding indebtedness sparsity of the apply district public joined with the of scholarship not maintaining territory provide 3310.02 sections receive scholarships (E)(F)(1) (A) school within of receives a to from which conditions 3311.29. or created section the continue who number both received students Revised Code with Sec. shall and school of receives Code under previous divisions section eligible section the the of in satisfies the student who of specified year number (A) is Revised in exceed division may the scholarship (1) Page 72 2081 2082 2083 2084 2085 2086 of public instruction is without Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 2087 Am. Sub. H. B. No. 70 As Passed by the Senate authority Code to grades been to any distribute school (B) vocational school district section section, of such a (A) education or of local The this or local district shall to which the Revised schools no with exception has education. section or does any pursuant as provided of this school the Code not apply divisions to any to the division does education (A) to (C) 2093 of nor and of this 2096 apply to any 2097 not to the have city, to 2098 exempted 2099 territory within 2100 section 2101 each city, territory within grades that the 3311.521 of exempted 2102 the 2103 cooperative resolution the adopted 2104 Revised Code 2105 specifies. (2) under the 2106 Any cooperative division grades it state is (C)(1) board of the Code. adjustment, and and cooperative each city, Any village district and school section operate that shall unless district fails be prior order shall and disposition to of the school and district district shall exempted village to the maintain that an for each the school 2108 of 2109 the 2110 of 2111 equitable 2112 property, city, tax the 3311.54 the territory 2107 order order section assets, among whose provide to such provide of described dissolved by dissolved pursuant such obligations local, to is division, exempted this education district Revised education of specified cooperative debts, 2094 (C)(3) established pursuant that district 2090 2092 district. district with maintain in districts 2089 2095 section Revised 2088 2091 cooperative to district education amended pursuant of Revised Code. cooperative village, 3317. not maintain and of district school cooperative (b) or the Except 3311.521 village, of school division cooperative section (A) board Chapter does twelve established 3311.52 (C)(1)(a) state under that through the Division funds district kindergarten granted by joint Page 73 is 2113 local, 2114 in 2115 the duplicate district whose Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH of 2116 2117 Am. Sub. H. B. No. 70 As Passed by the Senate territory assume is its in (3) If district to the share cooperative Page 74 cooperative of the outstanding any maintain grades district division it is within in upon dissolution accordance any to maintain shall subject to the (D) school Division of effective schools the (A) of 3314.102. "Chief (B) as in of school board has this the the of the operate (C)(2) for 2121 of fails 2122 the 2123 shall this village, be 2124 section or and local through dissolution of district it exists as used in not in apply subject on and has under academic 2125 2126 twelve division 2127 2128 this and had that to a to any 2130 section 2131 after the majority 2132 of its section. section,—"municipal ( means a distress chief district" 3311.71 of section No. Code 133 conversion the 2135 executive 2136 commission pursuant to of "mayor" Revised and 115th community education of a for an academic which and Section the 2137 2138 3314.10 and 2133 2134 Revised Code. school Bill does been officer" Revised a 2118 2119 section territory ever closed As an section Senate employees the or Notwithstanding Substitute by of "Municipal 4117.18 and school kindergarten section amendment, executive 3302.10 meanings to has grades this or (A) section the is this appointed by to of that officer (2) for 2129 reconstituted (1) of local of exempted provisions Revised Code, date Sec. bound section. district 3302.10 it division city, failing this specified with or (C)(1) which district of indebtedness exempted village, dissolved (A) be 2120 city, the cooperative be shall district. described under that district municipal 4 have the same Code. 2140 sections of school school distress 4117.03 Amended general that 2139 2141 2142 assembly, 2143 is 2144 sponsored district commission or a 2145 has 2146 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate been established cease to be agreement, the board of employees the the unit. covered a by the remain until the of Code pursuant to that 3311.29, are hereby consent the not It limit 3310.02, all collective effect on the expires 2151 2152 are 2153 the 2154 statement agreement on its agreement, Chapter an 2156 terms. 2157 the 2158 4117. of the collectively bargain and 3310.03, section is by section is still section and and shall the 133.06, 3310.032, 3302.10 of 3302.01, 2162 3310.035, 2163 the Revised Code 2164 intent of of state this law act to impact relating to or 2166 parental 2167 2168 this for a does under after remain the the act, existence district commission on not Notwithstanding the 2159 2160 abortion. in 2155 2165 established district 2150 who bargaining sections any provisions Revised Code exists state 2161 existing commission it 2149 school submits to to repealed. for distress in bargaining or that 2147 2148 the from a agreement officer shall submits to community subject organize and requesting agreement not officer removed the Code bargaining school collective are Revised chapter. 3314.102 Section 4. of of collective school That Section 3. otherwise be executive that 3302.04, and school bargaining and may the statement that the executive bargaining to of collective sponsoring chief of that chief employees subject Section 2. 3302.036, or board a The 3302.10 future community or expiration Revised mayor collective employees any collective mayor shall Upon to relations of section education bargaining date under subject if employment Page 75 if school on the repeal an of section academic district qualify for section 3302.10 of the of this subject to date former that date not effective an section 2169 distress under effective 3302.10 of 2170 former 2171 this 2172 academic Revised 2173 Code section, 3302.10 of as 2174 the 2175 the 2176 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 As Passed by the Senate Revised Code section until to it the exist pursuant district section the as Page 76 existed prior commission to qualifies 3302.10 effective of date Section 5. Superintendent division the Revised Code this later Assembly recommendations payments to technology, nonpublic Revised Code address the bonus as enacted it this district former distress as the of section ceases or the commission under exists on and than 15, after this (M) The amount (B) A method payments Open in 2181 to section General bonus science, schools; The the and of recommendations 2185 2186 chartered 3302.10 2184 2187 the 2188 shall 2189 2190 of for 2179 2183 performance schools; of act. the submit academic and mathematics by 2016, shall community division 2178 2182 January regarding 2177 2180 following: (A) (1) for date section. districts; under effective that Instruction engineering, schools of academic Public school (L) an of the established for Not of to the academic distributing conjunction enrollment performance the academic with payments under bonus section payments; performance 2192 for: 3313.98 2191 2193 of the Revised Code; 2194 2195 (2) 3310.01 (3) Revised (4) Revised (C) Educational to 3310.17 Community scholarships the Revised Code; school funding under awarded undersections section 3314.08 of the 2198 2199 STEM school funding under section 3326.33 of the 2200 Code. The 2196 2197 Code; 2201 measures accountability academic of choice and required performance expectations for bonus districts of and academic schools toreceive payments. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 2202 the 2203 2204 Am. Sub. H. B. No. 70 As Passed by the Senate Section 6. letter grade 3302.03 issued (A) for If the school requirement districts of the Revised Code for the 2015-2016 Education of Page 77 shall section use 3302.10 Department is the of is year, following authorized Revised to under assign an division the of Code until an overall for such 2205 section report Department equivalencies assign overall (C) delayed beyond the school the to card 2207 of 2208 the time letter purposes as the grade for 2211 2212 A combination performance index value-added progress 3302.03 letter of index A (B) not be score of "C" and be The used a grade and a or a "C" of under shall or "C" higher or higher division be for (C) equivalent for of to the 2213 the 2214 section 2215 an overall 2216 higher. of grade a of division 2217 grade "F" (C) equivalent to equivalencies for of grade dimension Revised Code under shall of combination score dimension Code the grade (2) of for of an "F" the established any purpose other than the performance 2218 value-added progress section overall for 3302.03 letter of the grade of in this section as prescribed 2219 Revised 2220 "F." 2221 shall 2222 this 2223 in section. 2224 Section 7. in this Sub. act as Section a 133.06 composite of of the H.B. 483 and Am. Sub. Assembly. The General Assembly, division are to (B) be as of section harmonized operation, the 2209 2210 districts: (1) 2206 finds section presented in in that effect this if H.B. 1.52 of the section 487 the composite prior to of the as the applying reasonably the Revised 130th Revised is the is amended the capable Code 2225 by both Am. 2226 General principle Code of that 2227 stated in 2228 amendments 2229 simultaneous resulting effective presented date of version the 2230 of section act. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 2231 2232 2233 (i 31 st General Assembly) (Amended Substitute House Bill Number 70) AN ACT To amend sections 133.06, 3302.01, 3302.036, 3302.04, 3310.02, 3310.03, 3310.032, 3310.035, 3311.29, and 3314.102; to enact new section 3302.10 and sections 3302.11, 3302.16, 3302.17, and 3302.18; and to repeal section 3302.10 of the Revised Code to authorize school districts and community schools to initiate a community learning center process to assist and guide school restructuring and to revise the law regarding academic distress commissions and other supports for lower performing school districts. Be it enacted by the General Assembly of the Slate of Ohio: Section 1. That sections 133.06, 3302.01, 3302.036, 3302.04, 3310.02, 3310.03, 3310.032, 3310.035, 3311.29, and 3314.102 be amended and new section 3302.10 and sections 3302.11, 3302.16, 3302.17, and 3302.18 of the Revised Code be enacted to read as follows: Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation, except as provided in divisions (G) and (H) of this section and in division (D) of section 3313.372 of the Revised Code, or as prescribed in section 3318.052 or 3318.44 of the Revised Code, or as provided in division (J) of this section. (B) Except as provided in divisions (E), (F), and (I) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation. (C) A school district shall not submit to a vote of the electors the question of the issuance of securities in an amount that will make the district’s net indebtedness after the issuance of the securities exceed an amount equal to four per cent of its tax valuation, unless the superintendent of public instruction, acting under policies' adopted by the state board of education, and the tax commissioner, acting under written policies of the commissioner, consent to the submission. A ■ request for the consents shall be made at least one hundred twenty days prior to the election at which the question is to be submitted, The superintendent of public instruction shall certify to the district the superintendent's and the tax commissioner's decisions within thirty days after receipt of the request for consents. If the electors do not approve the issuance of securities at the election for which the superintendent of public instruction and tax commissioner consented to the submission of the question, the school district may submit the same question to the electors on the date that the next special election may be held under section 3501.01 of the Revised Code without submitting a new request for consent. If the school district seeks to submit the same question at any other subsequent election, the district shall first submit a new request for consent in accordance with this division. (D) In calculating the net indebtedness of a school district, none of the following shall be considered: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 9040( Am. Sub. H. B. No. 70 131 st G.A. 2 (1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code; (2) Securities issued under division (F) of this section, under section 133.301 of the Revised Code, and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section; (3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district; (4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code; (5) Debt incurred under section 3313.374 of the Revised Code; (6) Debt incurred pursuant to division (B)(5) of section 3313.37 of the Revised Code to acquire computers and related hardware; (7) Debt incurred under section 3318.042 of the Revised Code. (E) A school district may become a special needs district as to certain securities as provided in division (E) of this section. (1) A board of education, by resolution, may declare its school district to be a special needs district by determining both of the following: (a) The student population is not being adequately serviced by the existing permanent improvements of the district. (b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs. (2) The board of education shall certify a copy of that resolution to the superintendent of public instruction with a statistical report showing all of the following: (a) The history of and a projection of the growth of the tax valuation; (b) The projected needs; (c) The estimated cost of permanent improvements proposed to meet such projected needs. (3) The superintendent of public instruction shall certify the district as an approved special needs district if the superintendent finds both of the following; (a) The district does not have available sufficient additional funds from state or federal sources to meet the projected needs. (b) The projection of the potential average growth of tax valuation during the next fi ve years, according to the information certified to the superintendent and any other information the superintendent obtains, indicates a likelihood of potential average growth of tax valuation of the district during the next five years of an average of not less than one and one-half per cent per year. The findings and certification of the superintendent shall be conclusive. (4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following: (a) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities; (b) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage, determined by the superintendent of public instruction, by which that tax valuation is projected to increase during the next ten years. (F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of its tax valuation, as provided in this division. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 3 (1) A board of education, by resolution, may declare an emergency if it determines both of the following: (a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards. (b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible. (2) Upon tire declaration of an emergency, the board of education may, by resolution, submit to' the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the'district; of permanent improvements to respond to the emergency need. (3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that: (a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section; (b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least one hundred days prior to the election; (c) The county auditor shall advise and. not later than ninety-five days before the election, confirm that advice by certification to, the board of education of the information required by division (C) of section 133.18 of the Revised Code; (d) The board of education shall then certify its resolution and the information required by division (D.) of section. 1,33.18 of the Revised Code to the board of elections not less than ninety days prior to the election. (4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division. (G)(1) The board of education may contract with an architect, professional engineer, or other person experienced in the design and implementation of energy conservation measures for an analysis and recommendations pertaining- to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling, including- costs of design, engineering, installation, maintenance, repairs, measurement and verification of energy savings, and debt service, forgone residual value of materials or equipment replaced by the energy conservation measure, as defined by the Ohio school facilities commission, a baseline analysis of actual energy consumption data for the preceding three years with the utility baseline based on only the actual energy consumption data for the preceding twelve months, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the conimission, would be reduced. If the board finds after receiving the report that the amount1 of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and maintenance costs over the ensuing fifteen years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 4 The school facilities commission, in consultation with the auditor of state, may deny a request under this division by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure pf funds is not in the best interest of the school district. No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the installations, modifications, or remodeling have been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code. No board of education of a school district that, for three or more consecutive years, has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code, as that section existed prior to March 22. 2013, and has failed to meet adequate yearly progress, or has met any condition set forth in division (A)(2) er (3) of section 3302.10 of the Revised Code .shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district. (2) The school facilities commission shall approve the board's request provided that the following conditions are satisfied: (a) The commission determines that the board's findings are reasonable. (b) The request for approval is complete. (c) The installations, modifications, or remodeling are consistent with any project to construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities under sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised Code. Upon receipt of the commission's approval^ the district-may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose of making such installations, modifications, or remodeling, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the district's tax valuation. (3) So long as any securities issued under this division remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to this division. Except as provided in division (G)(4) of this section, the board shall maintain and annually update a report in a form and manner prescribed-by the school facilities commission documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to such installations, modifications, or remodeling. The resultant operational and maintenance cost savings shall be certified by, the school district treasurer. The report shall be submitted annually to the commission. (4) If the school1 facilities commission verifies that the certified annual reports submitted to the commission by a board of education under division (G)(3) of this section fulfill the guarantee required under division (B) of section 3313,.372 of the Revised Code for three consecutive years, the board of education shall no longer be subject to the annual reporting requirements of division (G)(3) of this section. (H) With the consent of the superintendent of public instruction, a school district may incur without a vote of the electors net indebtedness that exceeds the amounts stated in divisions (A) and (G) of this section for the purpose of paying costs of permanent improvements, if and to the extent that both of the following conditions are satisfied: (I) The fiscal officer of the school district estimates that receipts of the school district from payments made under or pursuant to agreements entered into pursuant to section 725.02, 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 5 5709.73, 5709.78, or 5709.82 of the Revised Code, or distributions under division (C) of section 5709.43 of the Revised Code, or any combination thereof, are, after accounting for any appropriate coverage requirements, sufficient in time and amount, and are committed by the proceedings, to pay the debt charges on the securities issued to evidence that indebtedness and .payable from those receipts, and the taxing .authority of the district confirms the fiscal officer's estimate, which confirmation is approved by the superintendent of public instruction; (2) The fiscal officer of the school district, certifies, and the taxing authority of the district confirms, that the district, at the time of the certification and confirmation, reasonably expects to have sufficient revenue available'for the purpose of operating such permanent improvements for their intended purpose upon acquisition or completion thereof, and the superintendent of public instruction approves"the taxing authority's confirmation. _ The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or tlie maximum maturity calculated under section 133.20 of the Revised Code. (I) A school district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in excess of the limit specified in division (B) or (C) of this section when necessary to raise the school district portion of the basic project cost and any additional funds necessary to participate in a project under Chapter 3318, of the Revised Code, including the cost of items designated by the school facilities .commission as required locally funded initiatives, the cost of other locally funded initiatives in an amount that does not exceed fifty per cent of the district's portion of the basic project cost, and the cost for site acquisition. The commission shall notify the superintendent of public instruction whenever a school district will exceed either limit pursuant to this division, (J) A school district whose portion of the basic project cost of its classroom facilities project under sections 3318.01 to 3318.20 of the Revised Code is greater than or equal to one hundred million dollars may incur without a vote of the electors net indebtedness in an amount up to two per cent of its tax valuation' through the issuance of general obligation securities in order to generate all or part of the amount of its portion of the basic project cost if the controlling board has approved the school facilities'commission's conditional approval of the project under section 3318.04 of the Revised Code. The .school district board and the Ohio school facilities commission shall include the dedication of the proceeds of such securities in the agreement entered into under section 3318.08 of the Revised Code. No state moneys shall be released for a project to which this section applies until the proceeds of any bonds issued under this section that are dedicated for the payment of the school district portion of the project are first deposited into tire school district's project construction fund. Sec. 3302.01. As used in this chapter: (A) "Performance index score" means the average of the totals derived from calculations, for each subject area, of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the state achievement assessments, as follows: (1) For the assessments prescribed by division (A)(1) of section 3301.0710 of the Revised Code, the average for each of the subject areas of English language arts, mathematics, science, and social studies. (2) For the assessments prescribed by division (B)(1) of section 3301.0710 and division (B) (2) of section 3301.0712 of the Revised Code, the average for each of the subject areas of English 'language arts and .mathematics. The department of education shall assign weights such that students who do not take an assessment receive a weight of zero and students who take an assessment receive progressively larger weights dependent upon the level of skill attained on the assessment. The department shall assign additional weights to students who have been permitted to pass over a subject in Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131 st G.A. 6 accordance with a student acceleration policy adopted .under .section 3324.10 of the Revised Code. If such a student attains the proficient score prescribed under division (A)(2)(c) of section 3301.0710 of the Revised Code or higher on an assessment, the department shall assign the student the weight prescribed for the next higher scoring level. If ,such a student attains the advanced score, prescribed under division (A)(2)(a) of section 3301.0710 of the Revised Code, on an assessment, the department shall assign to the student an additional proportional weight, as approved by the state board. For each school year that such a student's score is included in the performance index score and the student attains the proficient score on an assessment, that .additional weight shall be assigned to the student on a subject-by-subject basis. Students shall be included in the "performance index score" in accordance with division (K) (2) of section 3302.03 of the Revised Code. (B) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following: (1) Major racial and ethnic groups; (2) Students wi'th disabilities; (3) Economically disadvantaged students; (4) Limited English proficient students; (5) Students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code. For students who are gifted in specific academic ability fields, the department shall use data for those students with specific academic ability in math and reading, if any other academic field is assessed, the department shall also include data for students with specific academic ability in that field. (6 Students in the lowest quintile for achievement statewide, as determined by a method prescribed by the state board of education. (C) "No Child Left Behind Act of 2001" includes the statutes codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or both thereto, rules and regulations promulgated pursuant ,to those statutes, guidance documents, and any other policy directives regarding implementation of that act issued by the United States department of education. (D) "Adequate yearly progress" means a measure of annual academic performance as calculated in accordance with the "No Child Lefl Behind Act of 2001." (E) "Supplemental educational services" means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001." (F) "Value-added progress dimension" means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement assessments prescribed by section 3301.0710 of the Revised Code. The "value-added progress dimension" shall be developed and implemented in accordance with section 3302.021 of the Revised Code. (G) (1) "Four-year adjusted cohort graduation rate" means the number of students who graduate in four years or less with a regular high school diploma divided by the number of students who form the adjusted cohort lor the graduating class. (2) "Five-year adjusted cohort graduation1 Tate", means the number of students who graduate in five years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate. (II) "State institution of highereducation" has the same meaning as in section 3345.011 of the Revised Code. (I) "Annual measurable objectives" means a measure of student progress determined in accordance with an agreement between the department of education and the United States department of education. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 7 (J) "Community school" means a community school established under Chapter 3314. of the Revised Code. CIO "STEM school" means a science, technology, engineering. and mathematics school established under Chapter 3326. of the Revised'Code. (LI "'Entitled to attend school in the district” means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code. Sec. 3302.036. (A) Notwithstanding anything in the Revised Code to the contrary, the department of education shall not assign an overall letter grade under division (C)(3) of section 3302.03 of the Revised Code lor any school district or building for the 2014-2015 school year, may. at the discretion of the state hoard of education, not assign an individual grade to any component prescribed under division (C)(3) of section 3302.03 of the Revised Code, and shall not rank school districts, community schools established under Chapter 3314. of the Revised Code, or STEM schools established under Chapter 3326. of the Revised Code under section 3302.21 of the Revised Code for that school year. The report card ratings issued for the 2014­ 2015 school year shall not be considered in determining whether a school district or a school is subject to sanctions or penalties. However, the report card ratings of any previous w subsequent years shall be considered in determining whether a school district or building is subject to sanctions or penalties. Accordingly, the report card ratings for the 2014-2015 school year shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based ;on ratings over multiple years. (B) The provisions from which a distr ict or school is exempt under division (A) of this section shall be the following: (1) Any restructuring provisions established under this chapter, except as required under the "No Child Left Behind Act of 2001 (2) Provisions for the Columbus city school pilot project under section 3302.042 of the Revised Code; (3) Provisions for academic distress commissions under former section 3302.10 of the Revised Codet as it existed prior to the effective date of this amendment. The provisions of this section do not apnlv to academic distress commissions under the version of that section as it exists on or after the effective date of this amendment. (4) Provisions prescribing new buildings where .students are eligible for the educational choice scholarships under section 3310:03 of the Revised Code; (5) Provisions defining "challenged school districts" in which new start-up community schools may be located, as prescribed in section 3314.02 of the Revised Code; (6) Provisions prescribing community school closure requirements under section 3314.35 or 3314.351 of the Revised Code. (C) Notwithstanding anything in the Revised Code to the contrary and except as provided in Section 3 of H.B. 7 of the 131st general assembly, no school district, community school, or STEM school shall utilize at any time during a student's academic career a student's score on any assessment administered under division (A) of section 3301.0710 or division (B)(2), of section 3301.0712-of the Revised Code in the 2014-2015 school year as a factor in any decision to promote or to deny the student promotion to a higher grade level or in any decision to grant course credit. No individual student score reports on siich assessments administered in the 2014­ 2015 school year shall be released, except to a student's school district or school or to the student or the student's parent or guardian. See. 3302.04. As used in divisions (A), (C),and (D)of this section, for the 2014-2015 school year, and for each school year thereafter, when a provision refers to a school district or school building in a state of academic emergency, it shall mean a district or building rated "F"; when a provision refers to a school district or school building under an academic watch, it shall mean a district or building rated "D"; and when a provision refers to a school district or school building Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 8 in need of continuous improvement, it shall mean a district or building rated "C" as those letter grade ratings for overall performance are assigned under division (C)(3) of section 3302.03 of the Revised Code, as it exists on or after the effective-date of-this amendment March 22, 2013. (A) The department of education shall establish a system of intensive, ongoing support for the improvement of school districts and school buildings. In accordance with the model of differentiated accountability described in section 3302.041 of the Revised Code, the system shall give priority to the following: (1) For any school year prior to the 2012-2013 school year, districts and buildings that have been declared to be under an academic watch or in a state of academic emergency under section 3302.03 of the Revised Code; (2) For the 2012-20.13' school year, and for each school year thereafter, districts and buildings in the manner prescribed by any agreement currently in force between the department and the United States department of education. The department shall endeavor to include schools and buildings that receive grades under section 3302.03 of the Revised Code that the department considers to be low performing. The system shall include services provided to districts and buildings through regional service providers, such as educational service centers. The system may include the appointment of an improvement coordinator for anv of the lowest performing districts, as determined bv the department, to coordinate the district's academic improvement efforts and to build support among the community lor those efforts. (B) This division does not apply to any school district after .fune 30, 2008. When a school district has been notified by the department pursuant to section 3302.03 of the Revised Code that the district or a building within the district has failed to make adequate yearly progress for two consecutive school year's, the district shall develop a three-year continuous improvement plan for the district or building containing each of the following: (1) An analysis of the reasons for the failure of'the district or building to meet any of the applicable performance indicators established under section 3302.02 of the Revised Code that it did not meet and an analysis of the reasons for its failure tomake adequate yearly progress; (2) Specific strategies that the district or building will use to address the problems in academic achievement identified in division (B)(1) of this section; (3) Identification of the resources that the district will allocate toward improving the academic achievement of the district or building; (4) A description of any progress that the district or' building made in the preceding year toward improving its academic achievement; (5) An analysis of how the district is utilizing the professional development standards adopted by the state board pursuant to section 3319.61 of the Revised Code; (6) Strategies that the district or building will use to improve 'the cultural competency, as defined pursuant to section 3319.61 of the Revised Code, of teachers and other educators. No three-year continuous improvement plan shall be developed or adopted pursuant to- this division unless at least one public hearing is held within the affected school district or building concerning the final draft of the plan. Notice of the hearing shall be given two weeks prior to the hearing by publication in one newspaper of general circulation within the territory of the affected school district or building. Copies of the plan shall be made available to the public. (C) (1) For any school year prior to the school year that begins on July 1,2012, when a school district or building has been notified by the department pursuant to section 3302.03 of the Revised Code that the district or building is under an academic watch or in a state of academic .emergency, the district or building shall be subject to any rules establishing intervention in academic watch or emergency school districts or buildings. (2) For the 2012-2013 school year, and for each school year thereafter, a district or building that meets the conditions for intervention prescribed by the agreement described in division (A) Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 9 (2) of this'Section’shall be subject to any rules establishing such intervention. (D) (1) For any school year prior to the 2012-2013 school year, within one hundred twenty days after any school district or building is declared to be in a state of academic emergency under section 3302.03 of the Revised Code, the department may initiate a site evaluation of the building or school district. (2) For the 2012-2013 school year, and for each school year thereafter, the department may initiate a site evaluation of a building or school district that meets the conditions for a site evaluation prescribed by the agreement described in division (A)(2) of this section. (3) Di vision (D)(3) of this section does not apply to any school district after June 30, 2008. If any school district that is declared to be in a state of academic emergency or in a state of academic watch under section 3302.03 of the Revised Code or encompasses a building that is declared to be in a state of academic ’emergency or in a state of academic watch fails to demonstrate to the department satisfactory improvement of the district or applicable buildings or fails to submit to the department any information required under rules established by the state board of education, prior to approving a three-year continuous improvement plan under .rules established by the state board of education, the department shall conduct a site evaluation of the school district or applicable buildings to determine whether the school distinct is in compliance with minimum standards established by law or rule. (4) Division (D)(4) of this section does not apply to any school district after June 30, 2008. Site evaluations conducted under divisions (D)(1), (2), and (3) of this section shall include, but not be limited to, the following: (a) Determining whether teachers are assigned to subject areas for which they are licensed or certified; (b) Determining pupil-teacher ratios; (c) Examination of compliance with minimum instruction time requirements for each school day and (breach school year; (d1)' Determining whether materials and equipment necessary to implement the curriculum approved by the school district board are available; (e) Examination of whether the teacher and principal evaluation systems comply with sections 3311.80. 3311,84', 331-9.02, and'3319.111 of the Revised Code; (f) Examination of the adequacy of efforts to improve the cultural competency, as defined pursuant to section 3319.61 of the Revised Code, of teachers and other educators. (E) This division applies only to school districts that operate a school building that fails to make adequate yearly progress for two or more consecutive school years. It does not apply to any such district after June 30, 2008, except as provided in division (D)(2) oT section 3313.97 of the Revised Code. (1) For any school building that fails to make adequate yearly progress for two consecutive school years, the district shall do all of the following: (a) Provide written notification of the academic issues that resulted in the building's failure to make adequate yearly progress to the parent or guardian of each student enrolled in the building. The notification shall also.describe the actions being taken by the district or building to improve the academic performance of the building and any progress achieved toward that goal in the immediately preceding school year. (b) If the building receives funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, offer all students enrolled in the building (he opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001." Notwithstanding Chapter 3327, of the Revised Code, the district shall spend an amount equal to twenty per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6341 to 6339, to Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 10 provide transportation for students who,enroll in alternative buildings under this division, unless the district can satisfy all demand for transportation with a lesser amount. If an amount equal to twenty per cent of the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation, the district shall grant priority over all other students to the lowest achieving students among the subgroup described in division (B)(3) of section 3302.01 of the Revised Code in providing transportation. Any district that does not receive funds under Title I, Part A of the "El'emcfltary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under this division. (2) For any school building that fails to make adequate yearly progress for three consecutive school years, the district shall do both of the following: (a) If the building receives funds under Title d, Part A of the "Elejnentary and Secondary' Education Act of 1965," 20 U.S.C. 6311 to 6339. from the district, in accordance with-section 3313.97 of the Revised Code, provide all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001." Notwithstanding Chapter 3327. of the Revised Code, the district shall provide transportation for students who enroll in alternative buildings under this division to the extent required under division (E)(2) of this section. (b) If the building receives funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20' UiS.C. 6311 to 6339, from the district, offer supplemental educational services to students who ure enrolled in the building and who are In the subgroup described in division (B)(3) of section 3302.01 of the Revised Code. The district shall spend a combined total of an amount equal to twenty per cent of the funds it receives under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2)(a) of this section and to pay the costs of the supplemental educational services provided to students under division (E)(2)(b) of this section, unless the district can satisfy all demand for transportation and pay the costs of supplemental educational services for those students who request them with a lesser amount. In allocating funds between the requirements of division's'(E)(1)(b) and (E)(2)(a) and (b) of this section, the district shall spend at least an amount equal to five per cent of the funds it receives under Title l, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under division (E)(1)(b) or (E)(2) (a) of this section, unless the district can satisfy all demand for transportation with a lesser amount, and at least an amount equal to five per cent of the funds it receives'under Title 1, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs of the supplemental educational services provided to students under division (E)(2)(b) of this section, unless the district can pay the costs of such sendees for all students requesting them with a lesser amount. If an amount equal to twenty per cent of the funds the district receives under Title I, Part A of the "Elementary .and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation under divisions (E)(1)(b) and (E) (2)(a) of this section and to pay the costs of all of the supplemental educational services provided to students under division (E)(2)(b) of this section, the district shall grant priority over all other students in providing transportatibn and in paying "the eoslsof supplemental educational services to the lowest achieving students among the subgroup described in division (B)(3) of section 3302.01 of the Revised Code. Any district that does not receive funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under division (E)(2)(a) of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 11 this section or to pay the costs of supplemental educational services provided to any student under division (E)(2)(b) of this section. No student who enrolls in an alternative building under division (E)(2)(a) of this section shall be eligible for supplemental educational services under division (E)(2)(b) of this section. (3) For any school building that fails to make adequate yearly progress for four consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall implement at least one of the following options with respect to the building: (a) Institute a new curriculum that is consistent with (he statewide academic standards adopted pursuant to division (A) of section 3301.079 of the Revised Code; (b) Decrease the degree of authority the building has to manage its internal operations; (c) Appoint an outside expert to make recommendations for improving the academic performance of the building. The district may request the department to establish a state intervention team for this purpose pursuant to division (G) of this section. (d) Extend the length of the school day or year; (e) Replace the building principal or oLher key personnel; (f) Reorganize the administrative structure .of the building. (4) For any school building that fails to make adequate yearly progress for five consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall develop a plan during the next succeeding school year to improve the academic performance of the building, which shall include at least one of the following options: (a) Reopen the school as a community school under Chapter 3314. of the Revised Code; (b) Replace personnel; (c) Contract w'ith a nonprofit or for-profit entity to operate the building; (d) Turn operation of the building over to the department; (e) Other significant restructuring of the building's governance. (5) For any school building that fails to make adequate yearly progress for six consecutive school years, the district shall continue to comply with division (E)(2) of this section and shall implement the plan developed pursuant to division (E)(4) of this section. (6) A district shall continue to comply with division (E)(1)(b) or (E)(2) of this section, whichever was most recently applicable, with respect to any building formerly subject to one of those divisions until the building makes adequate yearly progress for two consecutive school years. (F) This division applies only to school districts that have been identified for improvement by the department pursuant to the "No Child Left Behind Act of 2001." It does not apply to any such district after June 30, 2008. (1) If a school district has been identified for improvement for one school year, the district shall provide a written description of the continuous improvement plan developed by the district pursuant to division '(B) of this section to the parent or guardian of each student enrolled in the district. If the district does not have a continuous improvement plan, the district shall develop such a plan in accordance with division (B) of this section and provide a written description of the plan to the parent or guardian of each student enrolled in the district. (2) If a school district has been identified for improvement for two consecutive school years, the district shall continue to implement the continuous improvement plan developed by the district pursuant to division (B) or (F)(1) of this section. (3) If a school district has been identified for improvement for three consecutive school years, the department shall take at least one of the following corrective actions with respect to the district: (a) Withhold a portion of the funds the district is entitled to receive under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339; (b) Direct the district to replace key district personnel; Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. II. B. No. 70 131st G.A. 12 (c) Institute a new curriculum that is consistent with the statewide academic standards adopted pursuant to division (A) of section 3301 '079 of the Revised Code; (d) Establish alternative forms of governance for individual school buildings within the district; (e) Appoint a trustee to manage the district in place of the district superintendent and board of education. The department shall conduct individual audits of a sampling of districts subject to this division to determine compliance with the corrective actions taken by the department. (4) If a school district has been identified for improvement for four consecutive school years, the department shall continue to monitor implementation of the corrective action taken under division (F)(3) of this section with respect to the district. (5) If a school district has been identified for improvement for five consecutive school years, the department shall take at least one of the corrective actions identified in division (F)(3) of this section with respect to the district, provided that the corrective action the department takes is different from the corrective action previously taken under division (F)(3) of this section with respect to the district. (G) The department may establish a slate intervention team to evaluate all aspects of a school district or building, including management, curriculum, instructional methods, resource allocation,'and scheduling. Any such intervention team shall be appointed by the department and shall include teachers and administrators recognized as outstanding in their fields. The intervention team shall make recommendations regarding methods for improving the performance of the district or building. The department shall not approve a district’s request for an intervention team under division (E)(3) of this section if the department cannot adequately fund the work of the team, unless the district agrees to pay for the expenses of the team. (II) The department shall conduct individual audits of a sampling of community schools established under Chapter 3314. of the Revised Code to determine compliance with this section. (I) The state board shall adopt rules for implementing this section. See. 3302.1Q. (At The superintendent of public instruction shall establish an academic distress commission for any school district that meets one of the following conditions: m The district has received an overall grade of "F" under division (Cl(3) of section 3302.03 of the Revised Code for three consecutive years. (21 An academic distress commission established for the district under former section 3302.10 of the Revised Code was still in existence on the effective date of this section and has been in existence for at least four years. (Bid 1 The academic distress commission shall consist of five members as follows: (al Three members appointed bv the state superintendent, one of whom Is a resident in the county in which a majority of the district's territory is located: _ fbl One member appointed bv the president of the district board of education, who shall be a teacher employed bv the district: (cl One member appointed bv the mavor of the municipality in which a majority of the district’s territory is located or. if no such municipality exists, bv the mayor of a municipality selected bv the state superintendent in which the district has territory. Appointments to the commission shall be made within thirty days after the district is notified that it is subject to this section. Members of the commission shall serve at the pleasure of their appointing'authority. The state superintendent shall designate'a chairpersoiv for the commission from among the members appointed bv the state superintendent. The chairperson shall call and conduct meetings, set meeting agendas, and serve as a liaison between the commission and the chief executive officer appointed under division (CKll of this section. (21 In tire case of a school district that meets the condition in division' (AK21 of this section. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 13 the academic distress commission established for the district under former section 3302.10 of the Revised Code shall be abolished and a new academic distress commission"shall be appointed for the district pursuant to division (Bid ) of this section. 10(11 Within sixiv davs after the state superintendent has designated a chairperson for the academic distress commission, the commission shall appoint a chief executive officer for the district, who shall be paid bv the department of education and shall serve at the pleasure of the commission1. The individual appointed as chief executive officer shall have high-level management experience in the public or private sector. The chief executive officer shall exercise complete operational, managerial, and instructional control of the district, which shall include. hut shall not be limited to. the following powers and duties, but the chief executive officer mav delegate, in writing, specific powers or duties to the district board or district superintendent:' (al Replacing school administrators and central office staff: (b) Assigning employees to schools and approving transfers; (cl Hiring new employees: idl Defining employee responsibilities and job descriptions: ( cl Establishing employee compensation: (f) Allocating teacher class loads: (til Conducting employee evaluations; (hi Making reductions in staff under section1 3319.17. 3319.171, or 3319.172 of the Revised Code: (il Setting the school calendar: (il Creating a budget for the district: (kl Contracting for services for the district: (11 Modifying policies and procedures established bv the district board: (ml Establishing grade configurations of schools: (nl Determining the school curriculum: (ol Selecting instructional materials and assessments: (nl Setting class sizes: (ql Providing for staff professional development. (21 If an improvement coordinator was previously appointed for the district pursuant to division (A1 of section 3302.04 of the Revised Code, that position shall be terminated. However. nothing in this section shall prohibit the chief executive officer from employing tire same individual or other staff to perform duties or functions previously performed bv the improvement coordinator. (Dl The academic distress commission, in consultation with the state superintendent and the chief executive officer, shall be responsible for expanding high-quality school choice options in the district. The commission, in consultation with the state superintendent, mav create an entity to act as a hiah-quaiitv school accelerator for schools not operated bv the district. The accelerator shall promote high-quality schools in the district, lead improvement efforts for underperforming schools, recruit high-qualitv sponsors for community schools, attract new high-quality schools to the district, and increase the overall capacity of schools to deliver a high-quality education for students. Any accelerator shall be an independent entity and the chief executive officer shall have no authority over the accelerator. (E¥l~) Within thirty davs after the chief executive officer is appointed, the chief executive officer shall convene a group of community stakeholders. The purpose of the group shall be to develop expectations for academic improvement in the district and to assist the district in building relationships with organizations in the community that can provide needed services to students. Members of the group shall include, but shall not be limited to. educators, civic and business leaders, and representatives of institutions of higher education and government service agencies. Within ninety davs after the chief executive officer is appointed, the chief executive Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH officer also shall convene a smaller group of community stakeholders for each school operated by the district to develop expectations for academic improvement in that school. The croup convened l'or each school shall have teachers employed in the school and parents of students enrolled in'the school among its members. (2) The chief executive officer shall create a plan to improve the district's academic performance. In creating the plan, the chief executive officer shall consult with the groups convened under division fEVH of this section. The chief executive officer also shall consider the availability of funding to ensure sustainability of the plan. The plan shall establish clear. measurable performance goals for the district and for each school operated by the district. The performance goals shall include, but not be limited to. the performance measures prescribed for report cards issued under section 3302.03 of the Revised Code. Within ninety days after the chief executive officer is appointed, the chief executive officer shall submit the plan to the academic distress commission for approval. Within •thirty days alter the submission of the plan, the commission shall approve the plan or suggest modifications to the plan that will render it acceptable. If the commission suggests modifications, the chief executive officer mav revise the plan before resubmitting it to the commission. The chief executive officer shall resubmit the plan, whether revised or not, within fifteen days after the commission suggests modifications. Tire commission shall approve the plan within thirty days after the plan is resubmitted. Upon approval of the plan by the commission, the chief executive officer shall implement the plan. fFl Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, if the district board has entered into, modified, renewed, or extended a collective bargaining agreement on or after the effective date of this section that contains provisions relinquishing one or more of the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code, those provisions are not enforceable and the chief executive officer and tire district board shall resume holding those rights or responsibilities as if the district board had not relinquished them in that agreement until such time as both the academic distress commission ceases to exist and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement. For purposes of this section, ''collective bargaining agreement" shall include anv labor contract or agreement in effect with anv applicable bargaining representative. The chief executive officer and the district board are not required to bargain on subjects reserved to the management and direction of the school district, including, but not limited to. the rights or responsibilities listed in division tCh of section 4117.08 of the Revised Code. The wav in which these subjects and these rights or responsibilities mav affect the wages, hours, terms and conditions of employment, or the continuation, modification, or deletion of an existing provision of a collective bargaining agreement is not subject to collective bargaining or effects bargaining under Chapter 4117. of the Revised Code. The provisions of this paragraph apply to a collective bargaining agreement entered into, modified, renewed, or extended on or after the effective dale of this section and those provisions are deemed to be part of that agreement regardless of whether the district satisfied the conditions prescribed in division fAl of this section at the time the district entered into that agreement. If the district board relinquished one or more of the rights or responsibilities listed in division (Cl of section 4117.08 of the Revised Code in a collective bargaining agreement entered into prior to the effective date of this section and had resumed holding those rights or responsibilities pursuant to division CKI of former section 3302.10 of the Revised Code, as it existed prior to that date, the district board shall continue to hold those rights or responsibilities until such time as both the new academic distress commission appointed under this section ceases to exist upon completion of the transition period specified in division fN)fl) of this section and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement. (G) In each school year that the district is subject to this section, the following shall apply: fU The chief executive officer shall implement the improvement plan approved under Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 15 division (E)(2) of this section and shall review the plan annually to determine if changes are needed. The chief executive officer mav modify' the plan upon the approval of the modifications bv the academic distress commission. (2) The chief executive officer mav implement Innovative education pro mums to do any of the following: fa) Address the physical and mental well-being of students and their families; fb) Provide mentoring' (c) Provide job resources: fd) Disseminate higher education information: fe) Offer recreational or cultural activities: (f) Provide any other services that will contribute to a successful learning environment. The chief executive officer shall establish a separate fund to support innovative education programs and shall denosit anv moneys appropriated bv the general assembly for the purposes of division (G)(2) of this section in the lund. The chief executive officer shall have sole authority to disburse moneys from the fund until the district is no longer subject to this section. All disbursements shall support the improvement plan approved under division (E)(2) of this section. (3) If the district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code, each student who is entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code and is enrolled in a school operated bv the district or in a community school, or will be both enrolling in anv of grades kindergarten through twelve in this state for the first lime and at least five years of age bv the first day of January of the following school year, shall be eligible to participate in the educational choice scholarship pilot program established under sections 3310.01 to 3310.17 of tire Revised Code and an application for the student mav be submitted during the next application period. (4) Notwithstanding anything to the'Contrary in the Revised Code, the chief executive officer mav limit, suspend, or alter anv contract with an administrator that is entered into, modified. renewed, or extended by the district board on or after the effective date of this section, provided that the chief executive officer shall not reduce anv salary or base hourly rate of pay unless such salary or base hourly rate reductions are part of a uniform plan affecting all, district employees and shall not reduce anv insurance benefits unless such insurance benefit reductions arc also applicable generally to other employees of the district. (5) The chief executive dfficer shall represent the district board during anv negotiations to modify, renew, or extend a collective bargaining agreement entered into by the board under Chapter 4117. of the Revised Code. (TI) If the report card for the district has been issued under section 3302.03 of the Revised Code for the first school year that the district is subject to this section and the district does not meet the qualification in division fN)f 1) of this section, the following shall apply: > fl) The chief executive officer mav reconstitule anv school operated bv the district. The chief executive officer shall present to the academic distress commission a plan that lists each school designated for reconstitution and explains how the chief executive officer plans to reconstitute the school. The chief executive officer mav take anv of the following actions to reconstitute a school: fa) Change the mission of the school or the focus of its curriculum: fb) Replace the school's principal and/or administrative staff: fc) Replace a majority, of the school's staff, including teaching and nonteaching employees: fd) Contract with a nonprofit or for-profit entity to manage the operations of the school. The contract may provide for the entity to supply all or some of the staff for the school. fe) Reopen the school as a community school under Chapter 3314. of the Revised Code or a science, technology, eneineerinp. and mathematics school under Chapter 3326. of the Revised Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 16 Code: (0 Permanently close the school. If the chief executive officer plans to reconstitute a school under division (H)fll(cl or (f) of Ihis section, the commission shall review the plan for that school and either approve or reject it bv the thirtieth day of June of the school year. Upon approval of the plan bv the commission, the chief executive officer shall reconstitute the school as outlined in the plan. (21 Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, ihe chief executive officer, in consultation with the chairperson of the academic distress commission, may reopen anv collective bargaining agreement entered into, modified, renewed, or extended on or after the effective date of this section for the purpose of renegotiating its terms. The chief executive officer .shall have the sole discretion to designate anv provisions of a collective bargaining agreement as subject to reopening bv providing written notice to the bargaining representative. ArtV' provisions designated for reopening bv the chief executive officer shall be subject to collective bargaining as set forth in Chanter 4117. of the Revised Code. Anv changes to the provisions subject to reopening shall take effect on the following first day of July or another dale agreed to bv the parties. The chief executive officer may reopen a collective bargaining agreement under division (H)(2) of this section as necessary to reconstitute a school under division (H)f 11 of this section. (T> If the renort card for the district has been issued under section 3302.03 of the Revised Code for the second school year that the district is subject to this section and the district docs not meet the qualification in division (NK11 of this section, the following shall, apply: (I) The chief executive officer mav exercise anv of the powers authorized under division (HI of this section. (21 Notwithstanding anv provision to the contrary in Chanter 4117. of the Revised Code, the chief executive officer mav limit, suspend, or alter anv provision of a collective bargaining agreement entered into, modified, renewed, or extended on or after the effective date of this section, provided that the chief executive officer shall not reduce anv base hourly rate of pay and shall not reduce anv insurance benefits. The decision to limit, suspend, or alter anv provision of a collective bargaining agreement under this division is not subject to bargaining .under Chanter 4117. of the Revised Code: however, the chief executive officer shall have the discretion to engage in effects bargaining on the wav anv such decision mav affect wages, hours, or terms and conditions, of employment. The chief executive officer mav limit, suspend, or alter a provision of a collective bargaining agreement under division (11(2) of this section as necessary to reconstitute a school under division (Midi of litis section. (J) If the report card for the district has been issued under section 3302.03 of the Revised Code for the third school year that the district is subject to this section and the district does not meet the Qualification in division CN'K l 1 of this section, the following shall apply: (1) The chief executive officer mav exercise anv of the powers authorized under division (11) or (I) of this section. (2) The chief executive officer mav continue in effect a limitation, suspension, or alteration of a provision of a collective bargaining agreement issued under division (I)(2) of this section. Anv such continuation shall be subject to the requirements and restrictions of that division. (K) If the report card for the district has been issued under section 3302.03 of the Revised Code for the fourth school year that the district is subject to this section and the district does not meet the qualification in division (N)(l) of this section, the following shall apply: (1) The chief executive officer mav exercise any of the powers authorized under division (111. (1). or (J) of this section. (2) A new board of education shall be appointed for the district in accordance with section 3302.11 of the Revised Code. However, the chief executive officer shall retain complete operational, managerial, and instructional control of the district until the chief executive officer Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 17 relinquishes that control to the district board under division (N)C1 1 of this section. (L) If the report card for the district has been issued under section 3302,03 of the Revised Code for the fifth school year, or any subsequent school year, that the district is subject to this section and the district does, not meet the qualification in division (Nil'll of this section, the chief executive officer may exercise any ofthe powers authorized under division (HI. (1). (J). or (Kin) of this section. I'M! If division ('ll. CJ). CK). or (LI of this section applies to a district, community schools. STBM schools, chartered nonpublic schools, and other school districts that enroll students residimz in the district and meet academic accountability standards shall he eligible to be naid an academic performance bonus in each fiscal year for which the general assembly appropriates funds for that purpose. The academic performance bonus is intended to nivc students residing in the district access to a high-ciualitv education bv cncouragim* hiuh-quality schools to enroll those students. (N)CI) When a district subject to this section receives an overall grade of "C" or higher under division CQC3) of section 3302.03 of the Revised Code, the district shall begin its transition out of being subject to this section. Except as provided in division CN3C2) of this section, the transition period shall last until the district has received an overall grade higher than T" under division (C)C3) of section 3302,03 of the Revised Code for two consecutive school years after the transition period begins. The overall made of "C" or hiaher that qualifies the district to begin the transition period shall not count as one of the two consecutive school years. Purina the transition period, the conditions described in divisions IF) to (’Ll of this section for the school year prior to the school year in which the transition period begins shall continue to apply and the chief executive officer shall work closely with the district board and district superintendent to increase their ability to resume control of the district and sustain the district’s academic improvement over time. Upon completion of the transition period, the chief executive officer shall, relinquish all operational, managerial, and instructional control of the district to the district board and district superintendent and the academic distress commission shall cease to exist. C2) If the district receives an. overall grade of "F" under division CC)C3) of section 3302,03 of the Revised Code at any time during the transition period, the transition period shall end and the district shall be fully subject to this section again. The district shall resume being fully subject to this section at the point it began its transition out of being subject to this section and the division in divisions CH) to (LI of this section that would have applied to the district had the district not qualified to begin its transition under division CN)(1) of this section shall apply to the district. (O') If at any time there are no longer anv schools operated bv tire district due to reconstitution or other closure of the district’s schools tinder this section, the academic distress commission shall cease to exist and the chief executive officer shall cease to exercise anv powers with respect to the district. CP) Beginning on the effective date of this section, each collective bargaining agreement entered into bv a school district board of education under Chapter 4117, of the Revised Code shall incorporate the provisions of this section, CO) The chief executive officer, the members of the academic distress commission, the state superintendent, and anv person authorized to act on behalf of or assist them shall not be personally liable or subject to anv suit, judgment, or claim for damages resulting from the exercise of or failure to exercise the powers’, duties, and functions granted to them in regard to their functioning under this section, but the chief executive officer, commission, state superintendent, and such other persons shall be subject to mandamus proceedings to compel performance of their duties under this section. (R) The state superintendent shall not exempt anv district from this section bv approving an application for an innovative education pilot program submitted bv the district under section 3302.07 of the Revised Code. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 18 See. 3302.11. (A)This section applies to any school district that becomes subject to division (Kt or section 3302.10 of the Revised Code, as it exists on and after the effective date of this section. (Bi As used in this section, “mayor" means the mayor of the municipality in which a majority of the territory of a school district to which this section applies is located or. if no sucb municipality exist, the mayor of a municipalitv selected bv the superintendent of public instruction in which the district has territory. (Cl On the first day of January following the date on which this section first applies to a school district, the mayor shall appoint a new (ive-memher board of education for the district from a slate of candidates nominated bv the nominating panel established under division (01(11 of this section. (DKIl Not later than thirty days after the date on which this section first applies to a school district, the superintendent of public instruction shall convene a nominating panel to nominate candidates for appointment to the district board of education. The panel shall consist of the following members: (al Two persons appointed bv the mayor, one of whom shall be a representative of the business community or an institution of higher education located in (he district: (bl One principal employed bv the district, who shall be selected bv a vote of the district's principals conducted bv the state superintendent: (cl One teacher appointed bv the bargaining representative for teachers employed bv the district: (dVOne parent of a student enrolled in the district appointed bv the parent-teacher association. or a similar organization selected bv the state superintendent: (el The chairperson of the academic distress commission established for the district under section 3302.10 of the Revised Code and the chief executive officer appointed under division (Cl d'l of that section, until such time as the commission ceases to exist. (21 The state superintendent shall be a nonvoting member of the panel and shall serve as chairperson of the panel for the first two years of the panel's existence. After that time, the panel shall select one of its members as chairperson. The panel shall meet as necessary to make nominations at foe call of the chairperson. All members of the panel shall serve at the pleasure of their appointing authority. A vacancy on the panel shall be filled in the same maimer as the initial appointment. (El Not later than thirty davs after (he nominating nanel is convened, the panel shall nominate a slate of at least ten candidates for possible appointment to the district board of education. All candidates shalLbe residents of the school district and shall hold no elected public office. At least two of the candidates shall reside outside of the municipal corporation' served by the mayor, if that municipal corporation.does not contain all of the district's territory. (FI Not later than thirty davs after receiving the slate of candidates, the mayor shall select five members from the slate for appointment to the district board of education. Initial members of the board shall take office on the first day of January following their appointment and their terms shall expire on the thirtieth day of June following the referendum election required bv division (GY 11 of this section. (GYl'l At the general election held in Ihc first even-numbered year occurring at least three years after the date on which the academic distress commission established for the district ceases to exist pursuant to division (NY1) of section 3302.10 of the Revised Code, a referendum election shall be held to determine if the mayor shall continue to appoint the district board of education. Not later than ninety davs before the general election, the board of education shall notify the board of elections of each county containing territory of the district of the referendum election. At the general election, the following question shall be submitted to the electors of the district: Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 19 "Shall the mayor of , , , (here insert the name of the applicable municipal corporation! continue to appoint the members of the board of education of the . . . there insert the name of the school district to which this section applies)?” The board of elections of the county in which the majority of the district's territory is located shall make all necessary arrangements for the submission of the question to the electors, and the election shall be conducted, canvassed, and certified in the same manner as regular elections in the district Tor the election of county officers, provided that In any such election in which only part of the electors of a precinct are qualified to vote, the board of elections may assign voters in such part to an adjoining precinct. Such an assignment may be made to an adjoining precinct in another countv with the consent and approval of the board of elections of such other county. Notice of the election shall be published in a newspaper of general circulation in the district once a week for two consecutive weeks, or as provided in section 7,16 of the Revised Code, prior to the election. If the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days nrior to the election. The notice shall stale the Question on which the election is being held. The ballot shall be in the Form prescribed by the secretary of state. Costs of submitting the question to the electors shall be charged to the district in accordance with section 3501.17 of the Revised Code. (2) If a majority of the electors voting on the question proposed in division (OKI) of this section approve the question, the mayor shall appoint a new board of education on the immediately following first day of July from a slate of candidates nominated by the nominating panel in the same manner as the initial board was appointed pursuant to divisions (El and (FI of this section. Three of the members of the new board shall be appointed to four-year terms and two of the members shall be appointed to two-year terms, each term beginning on the first day of July. Thereafter, the mayor shall appoint members to Tour-year terms in the same manner prescribed in divisions fEl and (FI of this section. Whenever the nominating panel is required to nominate a slate of candidates, the panel shall nominate at least twice the number of candidates as members to be appointed to the board at that time, including two candidates who reside outside of the municipal corporation served by (he mayor, if that municipal corporation does not contain all of the district's territory. Nothing in this division shall preclude the nominating panel from nominating as a candidate a person who was a member of the board prior to the referendum election or shall preclude the mayor from appointing such a person to the new board. (31 If a majority of the electors voting on the question proposed in division (GIG) of this section disapprove the question, a new board of education shall be elected at the next regular election occurring in November of an odd-numbered year. The board shall have the same number of members as the board in place prior to the board appointed under this section. At such election, one-half of the total number of members rounded up to the next whole number shall be elected for terms of four years and the remaining members shall be elected for terms of two years. Thereafter, their successors shall be elected in the same manner and for the same terms as provided in the Revised Code for members of hoards of education. All members of the board of education appointed under this sectibn shall continue to serve after the end of the terms to which they were appointed until their successors are qualified and assume office in accordance with section 3313.09 of the Revised Code. (711 All of the following shall apply to a board of education appointed under division (FI or (GK21 of this section: (71 At any given time, at least two of the board members shall have significant expertise in education, finance, or business management and at least one member shall reside outside of the municipal corporation served by the mayor, if that municipal corporation does not contain all of the district's territory. f21 The members of the board shall designate one of its members as the chairperson of the board. Tile chairperson shall have all the rights, authority, and duties conferred upon the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 20 president of a board of education by the Revised Code. (31 The mayor may remove anv member of the board with the advice and consent of' the nominating panel. Sec. 3302.16. (A)(1) As used in sections 3302.17 and 3302,18 of the Revised Code. "community learning center" means a school operated bv a citv. exempted village, or local school idistrict or community school established under Chanter 3314. of the Revised Code that participates in a coordinated, communitv-bascd effort with community partners to provide comprehensive educational, developmental, family, and health services to students, families, and community members during school hours and hours in which school is not in session. (2) For purposes of this section and sections 3302.17 and 3302.18 of the Revised Code. "community partner" means a provider to students, families, or community members of health care services, on-site resource coordinators, and anv other services or programs determined appropriate bv a school action team created under section 3302.18 of the Revised Code, (B) Prior to providing health services to a student, a community learning center shall obtain the written consent of the student's parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old. _ (CIA community learning center and anv employee, contractor, or volunteer of a community learning center shall, in accordance with all applicable state and federal laws, maintain the confidentiality of patient-identifying information obtained in the course of providing health services. Sec. 3302.17. (A) Anv school building operated bv a citv. exempted village, or local school district, or a community school established under Chanter 3‘314, of the Revised Code is eligible to initiate the community learning center process as prescribed bv this section. (B)'Beginning with the 2015-2016 school year, each district board of education or community school governing authority mav initiate a community learning center process lor anv school building to which this section applies. First, the board or governing authority shall conduct a public information hearing at each school building to which this section applies to inform the community of the communin’ learning center process. The board or governing authority mav do all of the following with regard to the public information hearing: (1VAnnounce the meeting not less than forty-five days in advance at the school and on the school's or district’s web sites and using tools to ensure effective communication with individuals with disabilities: (2) Schedule the meeting for an evening or weekend time: (3) Provide interpretation services and written materials in all languages spoken bv five per 'cent or more of the students enrolled in the school: (4) Provide child care services for parents attending the meeting: (5) Provide parents, students, teachers, nonteaching employees, and community members with the opportunity ,to speak at the meeting; (6) Comply with section 149.43 of the Revised Code. In preparing for the public information hearing, the board or governing authority shall ensure that information about the hearing is broadly distributed throughout the community. The board or governing authority mav enter into an agreement with anv civic engagement organizations, community organizations, or employee organizations to support the implementation of the community learning center process. The board or governing authority shall conduct a follow-up hearing at least once annually until action is further taken under the section with respect to the school building or until the conditions described in division (A) of this section no longer apply to the school building. (C) Not sooner than forty-live davs after the first public information hearing, the board or Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 21 governing authority shall conducl an election, by paper ballot, to initiate the process to become a community teaming center. Only parents or guardians of students enrolled in the school and students enrolled in a different school onerated bv a joint vocational school district but are otherwise entitled to attend the school, and teachers and nonteaching employees who1 are assigned to the school may vote in the' election. The board or governing authority shall distribute the ballots bv mail and shall make conies available at the school and on the web site of the school. The board or governing authority also may distribute the ballots bv directly giving ballots to teachers and nonteaching employees and sending home ballots with every student enrolled in the school building. (D1 The board or governing authority shall initiate the transition of the building to a community learning center if the results of the election held under division (C) of this section are as follows: CM At least fifty ner cent of parents and guardians of students enrolled in the eligible school building and students enrolled in a different building operated by a joint vocational school district but who are entitled to attend the school cast ballots bv a date set bv the board or governing authority, and of those ballots at least sixty-seven ner cent are in favor of initiating the process; and (21 At least fifty ner cent of teachers and nonteaching employees who are assigned to tire school cast ballots bv a date set by the board or governing authority, and of those ballots at least sixty-seven per cent are in favor of initiating the process. (El If a community learning center process is initiated under this section, the board or governing authority shall create a school action team under section 3302.18 of the Revised Code. Within four months upon selection, the school action team shall conduct and complete, in consultation with community partners, a performance audit of the school and review, with parental input, the needs of the school with regard to restructuring under section 3302.10. 3302.12. or 3302.042 of the Revised Code, or federal law. The school action team shall provide quarterly updates of its work in a public hearing that complies with the same specifications proscribed in division (B1 of this section. fFl Unon completion of the audit and review', the school action team shall present its Findings at a public hearing that complies with the same specifications prescribed in division (B1 of this section. After the school action team presents its findings at the public hearing, it shall create a community learning center improvement plan that designates appropriate interventions, which may be based on the recommendations developed bv the department under division (111(1 If bl of this section. If there is a federally mandated school improvement planning process, the team shall coordinate its work with that plan. The school action team shall approve the plan bv a majority vote. (G1 Upon approval of the plan bv the school action team, the team shall submit the community learning center improvement plan to the same individuals described in division (Cl of this section. Ballots shall be distributed and an election shall be conducted in the same manner as indicated under that division. The school action team shall submit the plan to the district board1 of education or community school governing authority, if the results of the election under divisionTGl of this section are as follows; (11 At least thirty per cent of parents and guardians of students enrolled in the eligible school building and students enrolled in a different building operated bv a joint vocational school district but who are entitled to attend the school cast ballots bv a date set by the board or governing authority, and of those ballots at least Fifty per cent are In favor of initiating the process: and (21 At least thirty per cent of teachers and nonteaching employees who are assigned to the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 22 school cast ballots by a date set by the board or governing authority, and of those ballots at least fifty per cent are in favor of initiating the process. The board or governing authority shall evaluate the plan and determine whether to adopt it. The board or governing authority shall adopt the plan in full or adopt portions of the plan. If the board or governing authority does not adopt the plan in full, it shall provide a written explanation of whv portions of the plan were rejected, fH)f 1) The department shall do all of the following with respect to this section: fa) Adopt rules regarding the elections required under this section: (b) Develop appropriate interventions for a community learning center improvement plan that may he used bv a school action team under division (Ft of this section: fc) Publish a menu of programs and services that may be offered bv community learning centers. The information shall be posted on the department’s web site. To compile this information the department shall solicit input from resource coordinators of existing community learning centers; (d> Provide information regarding implementation of comprehensive community-based programs and supportive services including the community learning center model to school buildings meeting anv of the following conditions: fit The building is in improvement status as defined bv the "No Child Left Behind Act of 2001” or under an agreement between the Ohio department of education and the United States secretary of education. fii) The building is a secondary school that is among the lowest achieving fifteen per cent of secondary schools statewide, as-determined bv the department. fiii) The building is a secondary school with a graduation rate of sixty per cent or lower for three or more consecutive years. (iv) The building is a school that the department determines is persistently low-performing. (2) Tire department mav do the following with respect to this section: fa) Provide assistance, facilitation, and training to school action teams in the conducting of the audit required under this section; fb) Provide opportunities for members of school action learns from different schools to share school improvement strategies with parents, teachers, and other relevant stakeholders in higher performing schools; (c) Provide financial support in a school action team's planning process and create a grant program to assist in the implementation of a qualified community learning center plan. fl) Notwithstanding anv provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over anv conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this section. However, the board or governing authority and the teachers' labor organization mav negotiate additional factors to' be considered in the adoption of a community learning center plan. Sec. 3302,18. fA)fl) If a community learning center process is initiated under section 3302.17 of the Revised Code for anv school building operated bv a city, exempted village, or local school district or a community school established under Chanter 3314. of the Revised Code, the district board of education or community school governing authority shall create, a school action team for the school building. The team shall consist of twelve members, as follows; fa) Seven individuals, consisting of parents or guardians of students enrolled in the school and members of the community who are not teachers or nonteaching employees, as elected bv their peers; fb) Five teachers and nonteaching employees who are assigned to the school buildinp and arc not parents or guardians of students enrolled in the school, as elected bv their peers. f2) To assist a school action team initiated under section 3302.17 of the Revised Code, the district board, community school governing authority, or community partner shall select an Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 23 individual who is employed bv the district, school, or community partner to serve as the resource coordinator for the community learning center. The school action team shall make recommendations to the board, governing authority, or community partner on potential candidates. The resource coordinator shall not be considered a member of a school action team. 1'he resource coordinator shall assist in the development and coordination of programs and services for the community learning center. (B1 All members of a school action team shall serve as voting members. Terms, of office shall be for three years, and vacancies shall be filled in the same manner as the original appointment. Members shall serve without compensation. (Cl In addition to the responsibilities listed in section 3302.17 of the Revised Code, the school action team shall do all of the following': (11 Monitor and assist in the implementation of the school improvement plan, if adopted: (21 Meet with candidates for principal and other administrative positions and make recommendations to the superintendent and board of- education of the district or governing authority of the community school: , (3 V Advise on school budgets: (41 Establish ongoing mechanisms that engage students, parents, and community members in the school: (5l Continue to collect feedback and information from parents using an annual survey: (61 Develop and approve a written parent involvement policy that outlines the role of parents and guardians in the school: (71 Monitor school progress on data related to academic achievement: attendance, suspensions, and expulsions: graduation rates: and reclassifications disaggregated bv major racial and ethnic groups, limited English proficient students, economically disadvantaged students, and students with disabilities; (81 Receive regular updates from the principal on policy matters affecting the school and provide advice on such matters: ’ (91 Meet regularly with parents and community members to discuss policy matters affecting the school. Sec. 3310.02. (A) The educational choice scholarship pilot program is hereby established. Under the program, the department of education annually shall pay scholarships to attend chartered nonpublic schools in accordance with section 3310.08 of the Revised Code for up to the following number of eligible students: (1) Thirty thousand in the 2011-2012 school year; (2) Sixty thousand in the 2012-2013 school year and thereafter. (B) Tf the number of students who apply for a scholarship exceeds the number of scholarships available under division (A) of this section for the applicable school year, the department shall award scholarships in the following order of priority: (1) First, to eligible students who received scholarships in the prior school year; (2) Second, to eligible students with family incomes at or below two hundred per cent of the federal poverty guidelines, aS'defined in section 5101.46 of the Revised Code, who qualify under division-divisions (A) and (El of section 3310.03 of the Revised Code. If the number of students described in division (B)(2) of this section who apply for a scholarship exceeds the number of available scholarships after awards are made under division (B)(1) of this section, the department shall select students described in division (B)(2) of this section by lot to receive any remaining scholarships. (3) Third, to other eligible students who qualify under division divisions (A) and (E) of section 3310.03 of the Revised Code. If the number of students described in division (B)(3) of this section who apply for a scholarship exceeds the number of available scholarships after awards are made under divisions (B)(1) and (2) of this section, the department shall select Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131stG.A. 24 students described in division (B)(3) ofthis section by lot to receive any remaining scholarships. (4) Fourth, to eligible students with family incomes at or below two hundred per cent of the federal poverty guidelines who qualify under division (D) of section 3310.03 of the Revised Code. If tlie number of students described in division (B)(4) ofthis section who apply for a scholarship exceeds the number of available scholarships alter awards are made under divisions (B)(1) to (3) of this section, the department shall select students described in division (B)(4) of this section by lot, to receive any remaining scholarships. (5) Fifth, to other eligible students who qualify under division (D) of section 3310.03 of the Revised Code. If the number of students described in division (B)(5) of this section who apply for a scholarship exceeds the number of available scholarships alter awards are made under divisions (B)(1) to (4) of this section, the department shall select students described in division (B)(5) of this section by lot to receive any remaining scholarships. (6) Sixth, to eligible students with family incomes at or below two hundred per cent of the federal poverty guidelines who qualify under division (B) of section 3310.03 of the Revised Code. If the number of students described in division (B)(6) of this section who apply for a scholarship exceeds, the number of available scholarships after awards are made under divisions (B)(1) to (5) ofthis section, the department shall select students described in division (B)(6) of this section by lot to receive any remaining scholarships. (7) Seventh, to other eligible students who qualify under division (B) of.section 3310.03 of the Revised Code. If the number of students described in division (B)(7) ofthis section, who apply for a scholarship exceeds the number of available scholarships after awards are made under divisions (B)(1) to (6) of this section, the department' shall select students described in division (B)(7) ofthis section by lot to receive any remaining scholarships. See. 3310.03. A student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code and the student satisfies one of the conditions in division (A), (B), (C), er-(D). or (E) of this section: (A)(1) The student is enrolled in a school building operated by the student's resident district that, on the report card issued under section 3302.03 of the Revised Code published prior to the first day of July of the school year for which a scholarship is sought, did not receive a rating as described in division (H) of this section, and to which any or a combination of any of the following apply for two of the three most recent report cards published prior to the first day of July of the school year for which a scholarship is sought: (a) The building was declared to be in a state of academic emergency or academic watch under section 3302.03 of the Revised Code as that section existed prior to March 22, 2013. (b) The building received a grade of "D" or "F" for the performance index score under division (A)(1)(h) or (B)(1)(b) of section 3302.03 of the Revised Code and for the value-added progress dimension under division (A)(1)(c) or (B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 school year, or both; or if the building serves only grades ten through twelve, the building received a grade of "D" or "F" for the performance index score under division (A)( 1 )(b) or (B)( 1 )(b) of section 3302.03 of the Revised Code and had a four-year adjusted cohort graduation rate of less than seventy-five per cent. (c) The building, received an overall grade of "D" or "F" under division (C)(3) of section 3302.03 of tbe Revised Code or a grade of "F" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 school year or any school year thereafter. (2) The student will be enrolling in any of grades kindergarten through twelve in this state for the first time in the school year for which a scholarship is sought, will be at least five years of age by the first day of January of the school year for which a scholarship is sought, and Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 25 otherwise would be assigned under section 3319.01 of the Revised Code in the school year for which a scholarship is sought, to a school building described in division (A)(1) of this section. (3) The student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1) of this section. (4) The student is enrolled in a school building operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(l) of this section in the school year for which the scholarship is sought. (5) The student will be both enrolling in any of grades kindergarten through twelve in this state for the first lime and at least live years of age by the first day of January of the school year for which a scholarship is sought, or is enrolled in a community school established under Chapter 3314. of the Revised Code, and all of the following apply to the student's resident district: (a) The district has in force an intradistrict open enrollment policy under which no, student in the student's grade level is automatically assigned to a particular school building; (b) In the most recent rating published prior to the first day of July of the school year for which scholarship is sought, the district did not receive a rating described in division ((H) of this section, and in at least two of the three most recent report curd's published prior to the first day of July of that school year, any or, a combination of the following apply to the district; (1) The district was declared to be in a state of academic emergency under section 3302.03 of the Revised Code as it existed prior to March 22, 2013. (ii) The district received a grade of "D" or "F" for the performance index score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and for the value-added progress dimension under division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014 school year, or both. (c) The district received an overall grade of "D" or "F" under division (C)(3) of section 3302.03 of the Revised Code or a grade of "F" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015 school year or any school year thereafter. (6) Beginning in the 2016-2017 school year, the student is enrolled in or will be enrolling in a building in the school year for which the scholarship is sought that serves any of grades nine through twelve and that received a grade of "D" or "F" for the four-year adjusted cohort graduation rate under division .(A)(1)(d), ^BXlJfd), or (C)(1)(d) of section 3302.03 of the Revised Code in iwo of the three most recent report cards published prior to the first day of July of the school year for which a scholarship is sought. (B)(1) The student is enrolled in a school building operated by the student's resident district and to which both of the following apply: (a) The building was ranked, for at least two of the three most recent rankings published under section 3302.21 of the Revised Code prior to the first day of July of the school year for which a scholarship is sought, in the lowest ten per cent of all public school buildings according to performance index score under section 3302.21 of the Revised Code. (b) The Building was not declared to be excellent or effective, or the equivalent of such ratings as determined by the department'of education, under section 3302.03 of the Revised Code in the most recenl rating published prior to the first day of July of the school year for which a scholarship is sought. (2) The student will be enrolling in any of grades kindergarten through twelve in this slate for the first time in the school year for which a scholarship is sought, will be at least five years of age, as defined in section 3321.01 of the Revised Code, by the first day of January' of llie school year for which a scholarship is sought, and otherwise would be assigned under section 3319.01 of the Revised Code in the school year for which a scholarship is sought, to a school Building Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H.B. No. 70 131stG.A. 26 described in division (B)(1) of this section. (3) The student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (B)(l) of this section. (4) The student is enrolled in a school building operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (B)(1) of this section in the school year for which the scholarship is sought. (G) The student* is enrolled in a nonpublic school at the time the school is granted a charter by the state board of education under section 3301.16 of the Revised Code and the student meets the standards of division (B) of section 3310.031 of the Revised Code. (D) For the 2016-2017 school year and each school year thereafter, the student is in any of grades kindergarten through three, is enrolled in a school building that is operated by the student's resident district or will be enrolling in any of grades kindergarten through twelve in this state for the first time in the school year for which a scholarship is sought, and to which both of the following apply: (1) The building, in at least two of the three most recent ratings of school buildings published prior to the first day of July of the school year for which a scholarship is sought, received a grade of "D" or "F" for making progress in improving literacy in grades kindergarten through three under division*(B)(l )(g) or (C)( 1 )(g) of section 3302.03 of the Revised Code; (2) The building did not receive a grade of "A" for making progress in improving literacy in grades kindergarten through three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought. (E) The student's resident district is subject to section 3302.10 of the Revised Code and the student either: 41) Is enrolled in a s'chool building operated bv the resident district or in a community school established under Chapter 3314. of the Revised Code: (2) Will be both enrolling in any of tirades kindergarten through twelveJn this state for the first time1 and at least five years of a tie bv the first day of January of the school year for which a scholarship is sought. (F) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply: (1) The student's resident district remains the same, or the student transfers to a new resident district and otherwise would be assigned in the new resident .district, to a school building described in division (A)(1), (B)(1). er-(D). or (HI of this section; (2) The student takes each assessment prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in a chartered nonpublic school; (3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than t-wenty days that the school is open for instruction, not including excused absences. fR(G)(l) 'lire department shall cease awarding first-time scholarships pursuant to divisions (A)(1) to (4) of this section with respect to a school building that, in the most recent ratings of school buildings published under section 3302.03 of the Revised Cbde prior to the first day of July of the school year, ceases to meet the criteria in division (A)(1) of this section. The department shall cease awarding first-time scholarships pursuant to division (A)(5) of this section with respect to a school district that, in the most recent ratings of school districts published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (A)(5) of this section. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 27 (2) The department shall cease awarding first-time scholarships pursuant to divisions (B)(1) to (4) of this section with respect to a school building that, in the most recent ratings of school buildings under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (B)(1) of this section. (3) The department shall cease awarding first-time scholarships pursuant to division (D) of this section with respect to a school building that, in the most recent ratings of school buildings under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (D) of this section. (4) The department shall cease awarding first-time scholarships pursuant to division fE) of this section with respect to a school district subject to section 3302.10 of the Revised Code when the academic distress commission established for the district ceases to exist. (51 However, students who have received scholarships in the prior school year remain eligible students pursuant to division f-EHF) of this section. fCFHll) The state board of education shall adopt rules, defining excused absences for purposes of division £E)[F)(3) of this section. (44)Qj(l) A student who satisfies only the conditions prescribed in divisions (A)(1) to (4) of this section shall not be eligible Tor a scholarship if the student's resident building meets any of the following in the most recent rating under section 3302.03 of the Revised Code published prior to the first day of July of tine school year for which a scholarship is sought: (a) The building has an overall designation1 of excellent oreffective under section 3302.03 of the Revised Code as it existed prior to March 22, 2013. (b) For the 2012-2013 or 2013-2014 school year or both, the building has a grade of "A" or "B" for the performance index score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of tlie Revised Code and fpr the value-added progress dimension, under division (A)(1)(e) or (B)(1) (e) of section 3302.03 of the Revised Code; or if the building serves only grades ten through twelve, the building received a grade of "A" or ’’B" for the performance index score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and had a four-year adjusted cohort graduation rate of greater than or equal lO"seventy-fi.ve per cent. (c) For the 2014-2015 school year or any school year thereafter, the building has a grade of "A" or "B" under division (C)(3) of section 3302.03 of the Revised Code and a,grade of "A" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code; or if the building serves only grades ten through twelve, the building received a grade of "A” or "B" for the performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code and had a four-year adjusted cohort graduation rate of greater than or equal to seventy-five per cent. (2) A student-who satisfies only the conditions, prescribed in division (A)(5) of this section shall not be eligible for a scholarship if the student's resident district meets any of the following in the most recent rating under section 3302.03 of the Revised Code published prior to the first day of July ofthe school year for which a scholarship is sought: (a) The-district has an overall designation of excellent or effective under section 3302.03 of the Revised Code as it existed prior to March 22, 2013. (b) The district has a grade of "A"-or "B" for the performance index score under division (A) (l)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and for the value-added progress dimension .under division' (A)(.l)(e) or (B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013 and 2013-2014 school years. (c) The district has an overall grade of "A" or "B" under division (C)(3) of section 3302.03 of the Revised Code and a grade of "A" for the value-added progress dimension under division (C) (l)(e) of section 3302.03 of the Revised Code for the 2014-2015 school year or any school year thereafter. Sec. 3310.032. (A) A student is an "eligible student" for purposes of the expansion of the Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 28 educational choice scholarship pilot program under this section if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code, the student is not eligible for an educational choice scholarship under section 3310.03 of the Revised Code, and the student's family income is at or below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code. (B) In each fiscal year for which the' general assembly appropriates funds fpr purposes of this section, the department of education shall pay scholarships to attend chartered nonpublic schools in accordance with section 3310.08 of the Revised Code. The number of scholarships awarded under this section shall not exceed the number that can be funded with appropriations made by the general assembly for this purpose. (C) Scholarships under this section shall be awarded as follows: (1) For the 2013-2014 school year, to eligible students who are entering kindergarten in that school year for the first time; (2) For each subsequent school year, scholarships shall be awarded to eligible students in the next grade level above the highest grade level awarded in the preceding school year, in addition to the grade levels for which students received scholarships in the preceding school year. (D) If the number of eligible students who apply for a scholarship under this section exceeds the scholarships available based on the appropriation for this section, the department shall award scholarships in the following order of priority:, (1) First, to eligible s'tudents who received scholarships under this section in the prior school yeai> _ (2) Second, to eligible students with family incomes at or below one hundred per cent of the federal.i poverty guidelines. If the number of students described in division (D)(2) of this section who-apply for a scholarship exceeds the number of available scholarships after awards are made under division (D)(1) of-this section, the department shall select students described in division (D)(2) of this section by lot to receive any remaining scholarships. (3) Third, to other eligible students who qualify under this section. If the number of students described in division (D)(3) of this section exceeds the number of available scholarships after •awards are made under divisions (D)(1) and (2) of this section, the department shall select students described in division (D)(3) of this section by lot to receive any remaining scholarships. (E) Subject to divisions (E)(1) to (3) of this section, a student who receives a scholarship under this section remains an eligible student and may continue to receive scholarships under this section in subsequent school years until the student completes grade twelve, so long as the student satisfies the conditions specified in divisions (E)(F)(2) and (3) of section 3310.03 of the Revised Code. Once a scholarship is awarded under this section, the student shall remain eligible for that scholarship for the current school year and subsequent school years even if the student's family income rises above the amount specified in division (A) of this section, provided the student remains enrolled in a chartered nonpublic school, however: (1) If the student’s family income is above two hundred per cent but at or below three hundred per cent of the federal poverty guidelines, the student shall receive a scholarship in the amount of seventy-five per-cent of the full scholarship amount. (2) If the student's family income is above three hundred per cent but at or below four hundred per cent of the federal poverty guidelines, the student shall receive a scholarship in the amount of fifty per cent of the full scholarship amount. (3) If the student's family income is above four hundred per cent of the federal poverty guidelines, the student is no longer eligible to receive an educational choice scholarship. Sec. 3310.035. (A) A student who is eligible for an educational choice scholarship under both sections 3310.03 and 3310.032 of the Revised Code, and applies for a scholarship for the first Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 29 time after the effective date of this-seetion September 29. 2013, shall receive a scholarship under section 3310.03 of the Revised Code. (B) A student who is eligible under both sections 3310.03 and 3310.032 of the Revised Code and received a scholarship in the previous school year shall continue to receive the scholarship under the section from which the student received the scholarship in the previous school year, so long as: (1) The number of .students who1 apply for a scholarship does not exceed the number of scholarships available under division (A) of section 3310.02 of the Revised Code. (2) A student who receives a scholarship under section 3310.03 of the Revised Code satisfies with tiie conditions specified in divisions fE4( FI ('ll to (3) of that section, and a student who receives a scholarship under section 3310.032 satisfies with the conditions specified in divisions (E)(2) and (3) of section 3310.03 of the Revised Code. Sec. 3311.29. (A) Except-as provided under division (Bt-er-. (C). or (D) of this section, no school district shall be created and no school district shall exist which does not maintain within such district public schools consisting of grades kindergarten through twelve and any such existing school district not maintaining such schools shall be dissolved and its territory joined with another school district or districts by order of the state board of education if no agreement is made among the surrounding districts voluntarily, which order shall provide an equitable division of the funds, property, and indebtedness of the dissolved school district among the districts receiving its territory. The state board of education may authorize exceptions to school districts where topography, sparsity of population, and’ other factors make compliance impracticable. The superintendent of public instruction is without authority to distribute funds under Chapter 3317. of the Revised Code to any school district that does not maintain schools with grades kindergarten through twelve and to which no exception has been granted by the state board of education. (B) Division (A) of this section does not apply to any joint vocational school district or any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code. (C) (1)(a) Except as provided in division (C)(3) of this section, division (A) of this section does not apply to any cooperative education school district established pursuant to section 3311.521 of the Revised Code nor to the city, exempted village, or local school districts that have territory within such a cooperative education district. (b) The cooperative district and each city, exempted village, or local district with territory within the cooperative district shall maintain the grades that the resolution adopted or amended pursuant to section 3311.521 of the Revised Code specifies. :'(2) Any cooperative "education school district described under division (C)(1) of this section that fails to maintain the grades it is specified to operate shall be dissolved by order of the state board of education unless prior to such an order the cooperative district is dissolved pursuant to section 3311.54 of the Revised Code. Any such order shall provide for the equitable adjustment, division, and disposition of the assets, property, debts, and obligations of the district among each city, local, and exempted village school' district whose territory is in the cooperative district and shall provide that the tax duplicate of each city, local, and exempted village school district whose territory is in the cooperative district shall be bound for and assume its share of the outstanding indebtedness of the cooperative district. (3) If any city, exempted village, or local school district described under division (C)(1) of this section fails to maintain the grades it is specified to operate the cooperative district within wrhich it has territory shall be dissolved in accordance with division (C)(2) of this section and upon that dissolution any city, exempted village, or local district failing t® maintain grades kindergarten through twelve shall be subject to the provisions for dissolution in division (A) of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 30 this section. PDJ Division (All of this section does not apply to any school district that is or has ever been subject -to section 3302:10 ofthe Revised Code, as it exists on and after the effective date of* this amendment-, and has had a majority of its schools reconstituted or closed under that section. Sec. 3314.102. (A) As used in this section,-%iumeipal-i PM "Chief executive officer” means a chief executive officer appointed bv_ an academic distress commission pursuant to section 3302,10 of the Revised Code. (<2) "Municipal school district" and "mayor" have the same meanings as in section 3311.71 of the Revised Code. PB1 Notwithstanding section 3314.1.0’and sections 4,117.03 to 4117.18 ofthe Revised Code and Section 4 of Amended Substitute Senate Bill No. 133' of the 115th general assembly, the employees of a conversion community school that is sponsored by the board of education of a municipal school district-or a school district for which an academic distress commission has been established under section 3302,10 of the Revised Code shall cease to be subject to any future collective bargaining agreement, if the mayor or chief executive officer submits to the board of education sponsoring the school and to the state employment relations hoard a statement requesting that all.employees of the community school be removed from a collective bargaining unit. The employees of the community school wjio are covered by a collective bargaining agreement in effect on the dale the mayor or chief executive officer submits the statement shall remain subject to that collective bargaining agreement until the collective bargaining agreement expires on its terms. Upon expiration of that collective bargaining agreement, the employees of that school are not subject to Chapter 4117. of the Revised Code and may not organize or collectively bargain pursuant to that chapter. Section 2. That existing sections 133.06, 3302.01, 3302.036, 3302.04, 3310.02, 3310.03, 3310.032, 3310.035, 3311.29, and 3314.102 and section 3302.10 of the Revised Code are hereby repealed, Section 3. It is not the intent of this act to impact or otherwise limit any provisions of state law relating to parental consent for an abortion. Section 4, Notwithstanding the repeal of section 3302.10 of the Revised Code by this act, if an academic distress commission established for a school district under that former section is still in existence on the effective date of this section and the district does not qualify lor an academic distress commission under section 3302.10 of the Revised Code as it exists on and after the effective date of this section, the district shall remain subject to former section 3302.10 of the Revised Code as it existed prior to the effective date of this section until the commission established for the district ceases to exist pursuant to division (L) of that former section or the district qualifies for an academic distress commission under section 3302.10 of the Revised Code as it exists on and after the effective date of this section. Section 5. Not later than January 15, 2016, the Superintendent of Public Instruction shall submit to the General Assembly recommendations regarding academic performance bonus Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A. 31 payments to school districts; community schools; science, technology, engineering, and mathematics schools; and chartered nonpublic schools under division (M) of section 3302.10 of the Revised Code as enacted by this act. The recommendations shall address the following: (A) The amount of the academic performance bonus payments; (B) A method for distributing the academic performance bonus payments in conjunction with payments for: (1) Open enrollment under section 3313.98 of the Revised Code; (2) Educational choice scholarships awarded under sections 3310.01 to 3310.17 of the Revised Code: (3) Community school funding under section 3314.08 of the Revised Code; (4) STEM school funding under section 3326.33 of the Revised Code, (C) The measures and expectations of academic accountability required for districts and schools to receive the academic performance bonus payments. Section 6. (A) If the requirement to assign an overall letter grade for school districts under division (C) of section 3302.03 of the Revised Code is delayed beyond the report card issued for the 2015-2016 school year, the Department of Education shall use the following equivalencies for the purposes of section 3302.10 of the Revised Code until such time as the Department is authorized to assign an overall letter grade for districts: (1) A combination of a grade of "C" or higher for the performance index score and a grade of "C" or higher for the value-added progress dimension under division (C) of section 3302.03 of the Revised Code shall be equivalent to an overall letter grade of "C" or higher. (2) A combination of a grade of "F" for the performance index score and a grade of "F" for the value-added progress dimension under division (C) of section 3302.03 of the Revised Code shall be equivalent to an overall letter grade of "F." (B) The equivalencies established in this section shall not be used for any purpose other than as prescribed in this section. Section 7. Section 133.06 of the Revised Code is presented in this act as a composite of Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH the section as amended by both Am. Sub. H.B. 483 and Am. Sub. H.B. 487 of the 130th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 131st G.A, 33 Passed _ _ _ _ _ 3^/ -20 (S~ Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 70 l3lst G.A. 34 The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code. MC 14W Directm, Legislative Service Commission Filed in the of?ce of the Secretary of State at Columbus, Ohio, on the jngday A. o. 20 5. Secretary of State. File No. 22- Effeetive Date Ofi??gir 2015 Electronically Filed 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 BATCH I110. 22 (13151. General Assembly) (Amended Substitute House Bill Number 70) AN ACT Electronically File amend sections 133.06, 3302.01, 3302.036, 3302.04, 9310.02, 3310.03, 3310.032, 3310.035, 3311.29, and to enact new section 3302.10 and sections 93302.11, 3302.16, 3302.17, and 3302.18; and to ?\rcpca1 section 3302.10 of the Revised Code to co . . . . Aauthonze school diSU'lCtS and community schools to Qinitiate a community learning center process to assist ?end guide school restructuring and to revise the law aregarding academic distress commissions and other gsupports for lower perfonning school districts. rn Enoduced by Eeprcsentatives Driehaus, Brenner to @sponsors: Representatives Home, Strahorn, Blessing, 8.1mm, Smith, R., Amslutz, Anielski, Baker, Barnes, Butler, Qerickson, Green, Grossrnan, HacketL Hambley, Hayes, Euffrnan, Johnson, T., Kunze, LaTourette, McClain, gerales, Ruhl, Schaffcr, Slaby, Slesnick, Terhar, Ebung, Speaker Rosenbergcr Senators Hite, Coley assed by the House of Representatives, Mala [q .205 Semi-<- ?War I qu 3M3: matIoPsN assed by the Senate, June, 2'4 .201? Filed in the o?ice of the Secretary of State at Columbus, Ohio, on the l; Secretary ofSIare. (131st General Assembly) (Amended Substitute House Bill Number 64) AN ACT To amend sections 1 .05, 9.312, 9.333, 9.83, 9.833, 9.90, 9.901, 109.572, 102.02, 109.77, 102.022, 109.79, 103/412, 113.06, 105.41, 113.07, 109.57, 1 18.023, 118.04, 119.04, i:19.12, 121 .03, 121.04,. 121.22, 121.36, 121.372, 121.40, 122.17, 122.171, 122.174, ][22.175, 122.177, 122.64, 122.68, 122.85, 122.87, 122.942, 122.95, 122.951, 123.10, 123.28, 123.281, 124.11, 124.14, 124.15, 124.152, 124.181, 124.34, 124.382, 124.392, 125.08, 125.02, 125.04, 125.041, 125.081, 125.082, 125.10, 125.05, 125.11, 125.07, 125.112, 125.13, 125.27, 125.28, 125.31, 125.36, 125.38, 125.39, 125.42, 125.43, 125.45, 125.49, 125.51, 125.58, 125.601, 125.607, 125.609, 125.76, 125.901, 126.32, 128.021, 128.40, 128.54, 128.55, 128.57, 131.09, 131.15, 131.34, yft)f<131.3il 131.43. 131.44, 133.01, 133.04, 133.05, 133.07, 133.34, 135.01, 135.04, 135.14, 135.18, 135.181, 135.35, 135.74, 140.01, 141.04, 145.114, 145.116, 135.353, 135.144, 135.354, 135.145, 135.37, 145.56, 145.571, 149.04, 149.43, 153.08, 153.70, 156.01, 156.02, 156.04, 167.06, 173.47, 173.48, 173.522, 173.523, 173.543, 173.544, 173.545, 174.02, 187.03, 191.04, 191.06, 305.31, 306.35, 319.63,1321.24,(323.13, 325.03, 325.04, 325.06, 325.08, 325.09, 325.10, 325.11, 325.14, 325.15, 339.06, 340.03, 340.034, 340.04, 340.05, 340.07, 340.12, 340.15, 341.34, 343.01, 349.01, 349.03, 349.04, 349.06, 349.07, 349.14, 355.02, 355.03, 355.04, 505.101, 505.24, 505.701, 505.86, 507.09, 507.11, 517.07, 517.15, 717.01, 718.01, 718.04, 718.05, 718.07, 718.3^3-1.59. TOe above boxed and initial^ disproved. Date: Electronically Filed 09/21/2018 16:51 / BRIEF / CV NTS. A irmation Nbr. 150 791 / B? Governor Am. Sub. H. B. No. 64 131st G.A. 2 737.41, 742.114, 742.116, 742.462, 742.47, 759.36, 901.08, 901.21, 901.22, 902.01, 903.01, 903.03, 903.07, 903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 905.31, 905.323, 918.41, 931.01, 931.02, 941.14, 953.22, 955.12, 955.121, 955.14, 955.15, 955.20, 955.27, 991.03, 1306.20, 1309.528, 1332.25, 1347.08, 1349.04, 1501.01, 1501.011, 1501.022, 1501.04, 1503.99, 1505.10, 1506.01, 1509.01, 1509.06, 1509.11, 1509.23, 1509.27, 1509.28, 1509.33, 1511.02, 1511.021, 1511.022, 1511.03, 1511.05, 1511.071, 1511.10, 1511.11, 1513.07, 1513.16, 1514.06, 1514.08, 1514.13, 1514.40, 1514.42, 1514.47, 1515.01, 1515.02, 1515.05, 1515.07, 1515.08, 1515.081, 1515.09, 1515.091, 1515.092, 1515.093, 1515.10, 1515.11, 1515.13, 1515.14, 1515.16, 1515.17, 1515.18, 1515.183, 1515.19, 1515.191, 1515.21, 1515.211, 1515.22, 1515.23, 1515.24, 1515.28, 1515.29, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18, 1521.19, 1522.03, 1522.05, 1522.11, 1522.12, 1522.13, 1522.131, 1522.15, 1522.16, 1522.17, 1522.18, 1522.20, 1522.21, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20, 1531.35, 1548.11, 1561.04, 1707.01, 1707.14, 1711.15, 1711.16, 1713.02, 1713.03, 1713.031, 1713.04, 1713.05, 1713.06, 1713.09, 1713.25, 1724.04, 1739.02, 1739.03, 1739.05, 1739.07, 1739.12, 1739.13, 1739.20, 1739.21, 1751.18, 1751.65, 1776.82, 2151.3514, 2106.19, 2109.301, 2151.421, 2301.03, 2113.35, 2305.231, 2151.011, 2919.21, 2923.129, 2925.03, 2929.13, 2929.18, 2929.20, 2935.33, Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 64 131st G.A. 3 2951.041, 2953.25, 2967.14, 2967.193, 2969.14, 2981.12, 2981.13, 3105.171, 3109.13, 3109.14, 3109.16, 3109.17, 3119.27, 3121.03,3301.078, 3301.0711,3301.0712, 3301.52, 3301.53, 3301.541, 3301.55, 3301.56, 3301.57, 3301.58, 3301.922, 3301.923, 3302.02, 3302.03, 3302.036, 3302.05, 3302.15, 3305.052, 3305.08, 3305.21, 3307.152, 3307.154, 3307.371, 3307.41, 3309.157, 3309.159, 3309.66, 3309.671, 3310.03, 3310.09, 3310.14, 3310.41, 3310.522, 3310.56, 3311.19, 3313.375, 3313.41, 3313.411, 3313.603, 3313.608, 3313.6010, 3313.612, 3313.614, 3313.72, 3313.615, 3313.902, 3313.617, 3313.975, 3313.674, 3313.68, 3313.976, 3313.981, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.091, 3314.38, 3315.08, 3317.016, 3317.017, 3317.01, 3317.013, 3317.014, 3317.02, 1 3317.021.\ 3317.022, 3317.0212, 3317.0213, 3317.0217, 3317.051, 3317.06, 3317.16, 3317.161, 3317.23, 3317.231, 3317.24, 3318.02, 3318.024, 3318.054, 3318.30, 3318.40, 3319.114, 3319.22, 3319.223, 3319.303, 3319.51, 3319.61, 3323.13, 3326.10, 3326.11, 3326.32, 3326.33, 3326.50, 3327.01, 3327.02, 3328.24, 3332.10, 3333.01, 3333.011, 3333.021, 3333.03, 3333.042, 3333.031, 3333.032, 3333.04, 3333.041, 3333.043, 3333.044, 3333.045, 3333.047, 3333.048, 3333.049, 3333.0410, 3333.0411, 3333.0412, 3333.0413, 3333.05, 3333.06, 3333.07, 3333.071, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 3333.123, 3333.15, 3333.16, 3333.124, 3333.161, 3333.13, 3333.14, 3333.162, 3333.163, 3333.164, 3333.17, 3333.171, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.28, 3333.29, 3333.30, 3333.31, 3333.33, 3333.34, 3333.342, 3333.35, 3333.36, 3333.37, 3333.372, 3333.373, The above boxed and initialed text was disapproved. 01791 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. '5i 6-3o - Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 15C 1791 ABATC '/JT . . . . . . ~ imfarKifsich, Governor Am. Sub. H. B. No. 64 131st G.A. 6 5165.17, 5165.19.15165.192) 5165.23. 5166.01, 5166.16, 5167.03, 5168.01, 5168.06, 5168.07, 5168.10, 5168.11, 5168.23, 5168.26, 5168.40, 5168.44, 5168.45, 5168.47, 5168.48, 5168.49, 5168.53, 5168.60, 5168.63, 5168.64, 5168.67, 5301.68, 5301.69, 5501.73, 5505.068, 5505.0610, 550522, 5505.261, 5513.01, 5537.05, 5575.01, 5703.057,(5703.21, 5703.36l5705.19, 5705.194, 5705.21, 5705.212, 5705.214, 5705.34, 5709.17, 5709.62, 5709.63, 5709.632, 5709.67, 5709.73, 5713.30,15715.01, 5715.39, 5725.22, 5725.33, 5725.98, 5726.01 5726.50, 5726.54, 5727.031 ,(5727.06, 5727.11,\5727.111 ^5727 15,( ^ 5727.75, 5727.80, 5727.81, 5727.811, 5727.84, 5727.85, 5727.86, 5729.16, 5729.98, 5733.0610, 5733.58, 5736.01 5736.02, 5736.50, 5739.01, 5739.02, 5739.026,[5739.029, 5739.09, _ _ _ 5739.102, _ _ 5739.101, 5739.103, [5739.13 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . ^ 5741.01, 5741.03,[5741.12,]5741.17, 5743.02, 5743.05, \fclC 5743.32, 5747.01, 5747.02, 5747.05, 5747.055, 5747.058, 5747.08, 5747.113, 5747.21, 5747.37, 5747.50, 5747.51, 5747.53, 5747.71, 5747.98, 5751.01, 5751.02, 5751.20, 5751.21, 5751.22, 5751.50, 5902.02, 5903.12, 5904.01, 5910.08, 5919.341, 6101.16, 6109.21, 6109.30, 6111.01, 6111.02,6111.027,6111.03,6111.04,6111.044,6111.12, 6111.30, 6111.44, 6111.99, and 6131.23; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 1511.02 (939.02), 1511.021 (939.03), 1511.022 (939.04), 1511.03 (939.06), 1511.05 (939.05), 1511.071 (939.10), 1511.10 (939.08), 1511.11 (939.09), 1515.01 (940.01), 1515.02 (940.02), 1515.03 (940.03), 1515.05 (940.04), 1515.07 (940.05), 1515.08 (940.06), 1515.081 (940.07), 1515.09 (940.08), 1515.091 (940.09), 1515.092 (940.10), 1515.093 (940.11), 1515.10 (940.12), 1515.11 (940.13), 1515.13 (940.14), 1515.14 The above boxed and initialed text was disapproved. Date: _ Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 15 01791 / asich, Governor Am. Sub. H. B. No. 64 131st G.A. 7 (940.15), 1515.15 (940.16), 1515.16 (940.17), 1515.17 (940.18), 1515.18 (940.19), 1515.181 (940.20), 1515.182 (940.21), 1515.183 (940.22), 1515.184 (940.23), 1515.185 (940.24), 1515.19 (940.25), 1515.191 (940.26), 1515.192 (940.27), 1515.193 (940.28), 1515.21 (940.29), 1515.211 (940.30), 1515.22 (940.31), 1515.23 (940.32), 1515.24 (940.33), 1515.28 (940.34), 1515.29 (940.35), 3333.031 (3333.012), 5123.1610 (5123.1611), 5101.98 (5902.05); to enact new sections and 124.183, 2323.44, 3109.171, 3109.172, 5123.1610, and 5165.25 and sections 5.2298, 9.318, 9.483, 101.60, 103.42, 103.44, 103.45, 103.46, 103.47, 103.48, 103.49, 103.50, 109.747, 111.31, 117.54, 118.041, 122.641, 124.29, 125.035, 125.061, 131.025, 133.083, 135.182, 135.731, 153.83, 167.041, 169.051, 173.548, 174.09, 307.679, 339.061, 340.035, 503.55, 503.56, 503.57, 505.1010, 517.073, 715.014, 743.50, 939.01, 939.07, 1503.50, 1503.51, 1503.52, 1503.53, 1503.54, 1503.55, 1509.231, 1509.232, 1521.20, 1739.141, 3109.173, 3109.174, 3109.175, 3109.176, 3109.177, 3109.178, 3109.179, 31 15.101, 3115.102, 31 15.103, 31 15.104, 31 15.105, 31 15.201, 3115.202, 31 15.203, 31 15.204, 3115.205, 31 15.206, 3115.207, 31 15.208, 3115.209, 31 15.210, 31 15.211, 3115.301, 31 15.302, 31 15.303, 31 15.304, 31 15.305, 3115.306, 31 15.307, 31 15.308, 31 15.309, 31 15.310, 3115.311, 31 15.312, 31 15.313, 31 15.314, 31 15.315, 3115.316, 3115.317, 31 15.318, 31 15.319, 31 15.401, 3115.402, 31 15.501, 31 15.502, 31 15.503, 31 15.504, 3115.505, 31 15.506, 31 15.507, 31 15.601, 31 15.602, 3115.603, 3115.604, 31 15.605, 31 15.606, 31 15.607, 3115.608, 31 15.609, 31 15.610, 31 15.611, 31 15.612, 3115.613, 31 15.614, 31 15.615, 31 15.616, The above boxed and initialed text was disapproved. Date:. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 150 791 / BA & hP rJ Am. Sub. H. B. No. 64 131st G.A. 8 3115.701, 3115.702, 3115.703, 3115.704, 3115.705, 3115.706, 3115.707, 3115.708, 3115.709, 3115.710, 3115.711, 3115.712, 3115.713, 3115.801, 3115.802, 3115.901, 3115.902, 3115.903, 3304.171, 3305.062, 3311.191, 3311.221, 3313.413, 3313.619, :3313.6110, 3313.721, 3314.085, 3317.018, 3317.019, :3317.0215, \ 3318.71, 3317.0216 , 3317.0218, 3317.26. 3319.113, 3319.271, 3319.323, 3333.165, 3333.70, 3319.67, 3333.92, 3326.101, 3335.361, 3326.41, 3345.311, 3345.35, 3345.38, 33,45.39, 3345.46, 3345.47, 3365.034, 3365.14, .13701.139] 3701.142, 3701.602, 3701.70, 3701.701, 3701.702, 3701.703, 3701.834, 3701.95, 3702.309, 3702.3010 , 3705.23 L, 3707.57, 3734.061, 3734.49, 3781.106, 3901.052, 3901.241, 3959.111, 4113.81, 4141.432, 4301.243, 4301.83, 4503.581, 4503.771, 4503.86, 4582.56, 4730.252, 4731.071, 4731.62, 4511.0915, P4731.74:1 4760.133, 4762.133, 4765.161, 4765.361, 4774.133, 4778.141, 4923.041, 4927.10, 4927.101, 4928.541, 4928.542, 4928.543, 4928.544, 4928.581, 4928.582, 4928.583, 5101.072, 5101.612, 5101.621, 5101.622, 5101.691, 5101.692, 5103.50, 5103.51, 5103.52, 5103..53, 5103.54i, 5103.55, 5104.042, 5104.29, 5123.621, 5124.155, 5120.035, 5120.037, 5123.376, 5124.69, 5124.70, 5164.912_J \ [5164.78, 5160.401, 5162.365, 5166 161, 5166.24, 5166.32,15166.3315166.40. 5166.401 5166 402, 5166.403, 5166 .407, 5166.408, 5124.68, 5166.404, 5166.405, 5166.406 5167.04; 5167.15, 5166.409, 5167 16, 5167.17, 5167.32, 5167.33, 5502.132, 5703.361 at u iKjy.y 6301.18 6301.19 5739.213, 5747.502., 5913.12, 5913.13, '. . . - - - ’ 6111.051, 6117.021, 6301.4 6f and 5913.14, The above boxed and initialed text was disapproved. loir Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 kasich, Governor Am. Sub. H. B. No. 64 131st G.A. 9 sections 103.132, 111.181, 122.26, 122.952, 124.183, 125.021, 125.022, 125.023, 125.03, 125.051, 125.06, 125.17, 125.32, 125.37, 125.47, 125.48, 125.50, 125.52, 125.53, 125.54, 125.55, 125.57, 125.68, 125.833, 125.91, 125.92, 125.93, 125.96, 125.98, 149.13, 183.26, 901.61, 901.62, 901.63, 901.64, 903.04, 955.29, 955.30, 955.32, 955.35, 955.351, 955.36, 955.37, 955.38, 1511.01, 1511.04, 1511.06, 1511.07, 1511.08, 1511.99, 2323.44, 3109.171 ,3109.172,3109.18;, 3115.01 ,3115.02, 3115.03, 3115.031 , 3115.04 , 3115.05, 3115.06, 3115.07, 3115.08, 3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 3115.16, 3115.17, 3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 3115.38, 3115.39, 3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 3115.45, 3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3115.52, 3115.53, 3115.54, 3115.55, 3115.56, 3115.57, 3115.58, 3115.59, 3301.92, 3301.921, 3313.473, 3318.33, 3326.29, 3337.11, 3734.51, 3736.04, 3769.086, 3770.061, 4731.283, 4741.09, 5104.012, 5104.037, 5119.411, 5163.08, 5165.25, 5165.26, 5168.12, and 5739.212 of the Revised Code; to amend Section 755.40 of Sub. H.B. 53 of the 131st General Assembly, to amend Sections 125.10, 125.11, and 733.40 of Am. Sub. H.B. 59 of the 130th General Assembly, to amend Section 745.10 of Am. Sub. H.B. 483 of the 130th General Assembly, to amend Section 10 of Am. Sub. H.B. 487 of the 130th General Assembly, to amend Sections 207.70, 207.200, 213.20, 215.10, 221.20, 235.10, 245.10, and 259.10 of Am. H.B. 497 of the 130th General Assembly, to amend Sections 221.10, 223.10, 223.40, and 239.10 of Am. H.B. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 64 131st G.A. 10 497 of the 130th General Assembly, as subsequently amended, to amend Section 2 of Am. Sub. S.B. 1 of the 130th General Assembly, to amend Section 9 of Am. Sub. H.B. 386 of the 129th General Assembly, as subsequently amended, to amend Section 7 of Sub. H.B. 532 of the 129th General Assembly, to amend Section 5 of Am. Sub. S.B. 314 of the 129th General Assembly, to amend Section 4 of Sub. S.B. 171 of the 128th General Assembly, as subsequently amended, and to amend Section 20.15 of H.B. 215 of the 122nd General Assembly; to repeal Sections 701.10 and 701.61 of Am. Sub. H.B. 59 of the 130th General Assembly, Section 13 of Sub. H.B. 477 of the 130th General Assembly, Sections 551.10 and 733.20 of Am. Sub. H.B. 483 of the 130th General Assembly, Section 5 of Am. Sub. H.B. 486 of the 130th General Assembly, and Section 13 of Am. Sub. H.B. 487 of the 130th General Assembly; to amend section 118.023 of the Revised Code as amended by this act to terminate certain of its amendments by this act two years after their effective date; to amend the versions of sections 340.01, 340.03, 340.15, and 5119.21 of the Revised Code that are scheduled to take effect September 15, 2016, to continue the provisions of this act on and after the effective date, to amend the version of section 4501.01 of the Revised Code that is scheduled to take effect January 1, 2017, to continue the provisions of this act on and after the effective date, to make operating appropriations for the biennium beginning July 1, 2015, and ending June 30, 2017, to provide authorization and conditions for the operation of state programs, to amend section 102.01 and to repeal sections 103.61, 103.62, 103.63, 103.64, 103.65, 103.66, and 103.67 of the Am. Sub. H. B. No. 64 131st G.A. 11 Revised Code on January 1, 2018, to terminate those laws on that date, and to provide that the amendments by this act to section 5124.67 of the Revised Code terminate on July 1, 2018, when section 5124.67 of the Revised Code is repealed on that date. Be it enacted by the General Assembly of the State of Ohio: Section 101.01. That sections 1.05, 9.312, 9.333, 9.83, 9.833, 9.90, 9.901, 102.02, 102.022, 103.412, 105.41, 109.57, 109.572, 109.77, 109.79, 113.06, 113.07, 118.023, 118.04, 119.04, 119.12, 121.03, 121.04, 121.22, ^121.36, 121.372, 121.40, 122.17, 122.171, 122.174, 122.175, 122.177, 122.64, 122.68, 122.85, 122.87, 122.942, 122.95, 122.951, 123.10, 123.28, 123.281, 124.11, 124.14, 124.15, 124.152, 124.181, 124.34, 124.382, 124.392, 125.02, 125.04, 125.041, 125.05, 125.07, 125.08, 125.081, 125.082, 125.10, 125.11, 125.112, 125.13, 125.27, 125.28, 125.31, 125.36, 125.38, 125.39, 125.42, 125.43, 125.45, 125.49, 125.51, 125.58, 125.601, 125.607, 125.609, 125.76, 125.901, 126.32, 128.021, 128.40, 128.54, , * 128.55, 128.57, 131.09, 131.15, 131.34, tl 31.35.1 131.43, 131.44, 133.01^)^133.04, 133.05, 133.07, 133.34, 135.01, 135.04, 135.14, 135.144, 135.145, 135.18, 135.181, 135.35, 135.353, 135.354, 135.37, 135.74, 140.01, 141.04, 145.114, 145.116, 145.56, 145.571, 149.04, 149.43, 153.08, 153.70, 156.01, 156.02, 156.04, 167.06, 173.47, 173.48, 173.522, 173.523, 173.543, 173.544, 173.545, 174.02, 187.03, 191.04, 191.06, 305.31, 306.35, 319.63, 321.24^\ 323.13, 325.03, 325.04, 325.06, 325.08, 325.09, 325.10, 325.11, 325.14, 325.15, 339.06, 340.03, 340.034, 340.04, 340.05, 340.07, 340.12, 340.15, 341.34, 343.01, 349.01, 349.03, 349.04, 349.06, 349.07, 349.14, 355.02, 355.03, 355.04, 505.101, 505.24, 505.701, 505.86, 507.09, 507.11, 517.07, 517.15, 717.01, 718.01, 718.04, 718.05, 718.07, 718.37, 731.59, 737.41, 742.114, 742.116, 742.462, 742.47, 759.36, 901.08, 901.21, 901.22, 902.01, 903.01, 903.03, 903.07, 903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 905.31, 905.323, 918.41, 931.01, 931.02, 941.14, 953.22, 955.12, 955.121, 955.14, 955.15, 955.20, 955.27, 991.03, 1306.20, 1309.528, 1332.25, 1347.08, 1349.04, 1501.01, 1501.011, 1501.022, 1501.04, 1503.99, 1505.10, 1506.01, 1509.01, 1509.06, 1509.11, 1509.23, 1509.27, 1509.28, 1509.33, 1511.02, 1511.021, 1511.022, 1511.03, 1511.05, 1511.071, 1511.10, 1511.11, 1513.07, 1513.16, 1514.06, 1514.08, 1514.13, 1514.40, 1514.42, 1514.47, 1515.01, 1515.02, 1515.05, 1515.07, The above boxed and initialed text was disapproved. c^a - > ^ Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501 . Kasich, Governor Am. Sub. H. B. No. 64 131st G.A. 12 1515.08, 1515.081, 1515.09, 1515.091, 1515.092, 1515.093, 1515.10, 1515.11, 1515.13, 1515.14, 1515.16, 1515.17, 1515.18, 1515.183, 1515.19, 1515.191, 1515.21, 1515.211, 1515.22, 1515.23, 1515.24, 1515.28, 1515.29, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18, 1521.19, 1522.03, 1522.05, 1522.11, 1522.12, 1522.13, 1522.131, 1522.15, 1522.16, 1522.17, 1522.18, 1522.20, 1522.21, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20, 1531.35, 1548.11, 1561.04, 1707.01, 1707.14, 1711.15, 1711.16, 1713.02, 1713.03, 1713.031, 1713.04, 1713.05, 1713.06, 1713.09, 1713.25, 1724.04, 1739.02, 1739.03, 1739.05, 1739.07, 1739.12, 1739.13, 1739.20, 1739.21, 1751.18, 1751.65, 1776.82, 2106.19, 2109.301, 2113.35, 2151.011, 2151.3514, 2151.421, 2301.03, 2305.231, 2919.21, 2923.129, 2925.03, 2929.13, 2929.18, 2929.20, 2935.33, 2951.041, 2953.25, 2967.14, 2967.193, 2969.14, 2981.12, 2981.13, 3105.171, 3109.13, 3109.14, 3109.16, 3109.17, 3119.27, 3121.03, 3301.078, 3301.0711, 3301.0712, 3301.52, 3301.53, 3301.541, 3301.55, 3301.56, 3301.57, 3301.58, 3301.922, 3301.923, 3302.02, 3302.03, 3302.036, 3302.05, 3302.15, 3305.052, 3305.08, 3305.21, 3307.152, 3307.154, 3307.371, 3307.41, 3309.157, 3309.159, 3309.66, 3309.671, 3310.03, 3310.09, 3310.14, 3310.41, 3310.522, 3310.56, 3311.19, 3313.375, 3313.41, 3313.411, 3313.603, 3313.608, 3313.6010, 3313.612, 3313.614, 3313.615, 3313.617, 3313.674, 3313.68, 3313.72, 3313.902, 3313.975, 3313.976, 3313.981, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.091, 3314.38, 3315.08. 3317.01. 3317.013, 3317.014, 3317.016, 3317.017, 3317.02, 3317.021,\3317.022, 3317.0212, 3317.0213, 3317.0217, 3317.051, 3317.06, 3317.16, 3317.161, 3317.23, 3317.231, 3317.24, 3318.02, 3318.024, 3318.054, 3318.30, 3318.40, 3319.114, 3319.22, 3319.223, 3319.303, 3319.51, 3319.61, 3323.13, 3326.10, 3326.11, 3326.32, 3326.33, 3326.50, 3327.01, 3327.02, 3328.24, 3332.10, 3333.01, 3333.011, 3333.021, 3333.03, 3333.031, 3333.032, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045, 3333.047, 3333.048, 3333.049, 3333.0410, 3333.0411, 3333.0412, 3333.0413, 3333.05, 3333.06, 3333.07, 3333.071, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 3333.123, 3333.124, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162, 3333.163, 3333.164, 3333.17, 3333.171, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.28, 3333.29, 3333.30, 3333.31, 3333.33, 3333.34, 3333.342, 3333.35, 3333.36, 3333.37, 3333.372, The above boxed and Initialed text was disapproved. SOrK Date Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1 , Governor Am. Sub. H. B. No. 64 131st G.A. 13 3333.373, 3333.374, 3333.375, 3333.39, 3333.391, 3333.392, 3333.43, 3333.44, 3333.50, 3333.55, 3333.58, 3333.59, 3333.61, 3333.611, 3333.612, 3333.613, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68, 3333.69, 3333.71, 3333.72, 3333.73, 3333.731, 3333.74, 3333.75, 3333.76, 3333.77, 3333.78, 3333.79, 3333.82, 3333.83, 3333.84, 3333.86, 3333.87, 3333.90, 3333.91, 3334.08, 3335.02, 3335.09, 3337.10, 3345.022, 3345.05, 3345.06, 3345.061, 3345.32, 3345.421, 3345.45, 3345.48, 3345.50, 3345.51, 3345.54, 3345.692, 3345.70, 3345.72, 3345.73, 3345.74, 3345.75, 3345.76, 3345.81, 3345.86, 3354.01, 3365.02, 3365.07, 3365.15, 3501.01, 3501.12, 3501.17, 3599.03, 3701.023, 3701.045, 3701.344, 3701.501, 3701.60, 3701.65, 3702.304, 3702.74, 3702.91, 3704.05, 3704.14, 3705.08, 3709.03, 3709.05, 3709.07, 3709.41, 3714.051, 3714.07, 3714.073, 3714.08, 3714.09, 3718.03, 3734.01, 3734.02, 3734.021, 3734.029, 3734.07, 3734.50, 3734.551, 3734.57, 3734.822, 3734.901, 3736.03, 3736.05, 3736.06, 3737.17, 3737.84, 3743.07, 3743.20, 3743.44, 3743.45, 3743.63, 3743.65, 3743.75, 3745.015, 3745.11, 3745.70, 3750.081, 3750.13, 3769.03, 3769.08, 3769.083, 3769.087, 3769.089, 3769.101, 3770.01, 13770.031 3770.05, 3770.07, 3772.02, 3772.03, 3772.99, 3773.33, 3773.41, 3773.42, 3781.10, 3794.07, 3901.491, 3903.81, 3905.33, 3905.481, 3929.86, 3959.01, 3959.12, 4115.03, 4117.01, 4117.10, 4121.03, 4121.121, 4123.322, 4301.12, 4301.43, 4301.61, 4301.639, 4303.181 4303.181. 4303.184, 4501.21, 4503.181, 4503.535, 4503.77, 4503.78,14505.06,1 4507.21, 4511.191, 4513.611 AEIC 4513.67, 4519.10, 4707.02, 4715.18, 4723.06, 4723.08, 4723.482, 4723.50, 4723.88, 4725.40, 4725.411, 4725.51, 4729.51, 4729.53, 4729.541, 4729.56, 4729.80, 4729.82, 4729.84, 4729.86, 4730.14, 4730.25, 4731.07, 4731.141, 4731.15, 4731.22, 4731.222, 4731.225, 4731.24, 4731.26, 4731.281, 4731.282, 4731.293, 4731.295, 4731.296, 4731.297, 4731.299, 4731.41, 4732.10, 4735.06, 4735.13, 4735.141, 4736.12, 4741.03, 4741.11, 4741.12, 4741.17, 4741.19, 4741.22, 4741.31, 4760.02, 4760.03, 4760.031, 4760.032, 4760.04, 4760.05, 4760.06, 4760.13, 4760.131, 4760.132, 4760.15, 4760.16, 4760.18, 4762.06, 4762.13. 4763.01, 4763.07, 4774.06, 4774.13, 4778.06, 4778.14, 4905.71, 4905.81,14909.161,14923.04, 4927.01, 4927.02, 4927.07, 4927.11, 4927.15, 4928.54, 4928.55, 4929.164, 5101.073, 5101.54, 5101.60, 5101.61, 5101.611, 5101.62, 5101.69, 5101.71, 5101.72, 5101.91, 5101.92, 5101.98, 5101.99, 5103.02, 5104.01, 5104.013, 5104.015, 5104.016, 5104.017, 5104.018, 5104.03, 5104.036, 5104.04, 5104.09, 5104.30, 5104.31, 5104.34, 5104.37, 5104.38, 5104.99, 5107.05, 5107.64, 5115.04, 5119.01, 5119.10, 5119.11, 5119.161, 5119.18, 5119.186, 5119.21, 5119.23, 5119.25, 5119.28, 5119.31, 5119.33, 5119.34, 5119.341, 5119.36, 5119.361, \fUL The above boxed and initialed text was disapproved. -if Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation TBATCH- - R. Kasich, Governor Am. Sub. H. B. No. 64 131st G.A. 14 5119.365, 5119.41 5119.44, 5119.61, 5119.94, 5119.99, 5120.112, 5120 135, 5120.28 5120.38, 5120.381, 5120.382, 5122.31, 5122.36, 5123 032, 5123.033, 5123.08, 5123.16, 5123.161, 5123.162, 5123.163, WT, 5123.166, 5123.167, 5123.169, 5123.19, 5123.196, 5123.198, 5123 86, 5124.101, 5124.15, 5124.33, 5124.60, 5124.61, 5124.67, 5126.042, 5126 0510, 5126.15, 5126.201, 5139.02, 5139.03, 5139.50, 5147.07, 5160.37 5162.01. 5162.11. 5162.12. 5162.13, 5162.36, 5162.361, 5162.363, vO\V.15163.03.l5163.06.f5163.211 5163.30, 5163.33, 5164.01, 5164.38, 5164.57, Tm 5165 "~15. xtvESI 5165.151. _ _ _ _ _ , 5165.152, 5165.157, 5165.16, 5165.17, 5165.19, 5165.23, 5166.01, 5166.16, 5167.03, 5168.01, 5168.06, 5168.07, 5168, 10, 5168.11, 5168.23, 5168.26, 5168.40, 5168.44, 5168.45, 5168.47, 5168, 48, 5168.49, 5168.53, 5168.60, 5168.63, 5168.64, 5168.67, 5301.68, 5301, 69 5501.73 5505.068. 55050610, 5505.22. 5505.261, 5513.01, \P)f 5537 05,15575.01, 5703.057,15703.21,15703.36,15705.19, 5705.194, 5705.21, *"5705 212, 5705.214, 570“ ' 5709.632, 5709, 67, 5709.73, 5713.30 , (5715.01, 5715.39. 5725.22. 5725.33. 5725.98 5726, 01,5726.50,5126.54, 57273m: 5727.06, 5727.11X 5727, 75, 5727.80, 5727.81, 5727.811, 5727.84, 5727.85, 5727.86, 5729.16 5729 98, 5733.0610. 5733.58. 5736.01, 5736.02, 5736.50, 5739.01 5739.02 5739 026,15739.029,15739 09, 5739.101, 5739.102, 5739.103,15739.13J 5741, 01, 5741.03,1574U2I5741.17, 5743.02, 5743.05, 5743.32, 5747.01, 5747, 02, 5747.05, 5747.055, 5747.058, 5747.08, 5747.113, 5747.21, 5747, 37, 5747.50, 5747.51, 5747.53, 5747.71, 5747.98, 5751.01, 5751.02, 5751, 20, 5751.21, 5751.22, 5751.50, 5902.02, 5903.12, 5904.01, 5910.08, 5919, 341, 6101.16, 6109.21, 6109.30, 6111.01, 6111.02, 6111.027, 6111.03, 6111, 04, 6111.044, 6111.12, 6111.30, 6111.44, 6111.99, and 6131.23 be amended; sections 1511.02 (939.02), 1511.021 (939.03), 1511.022 (939.04), 1511.03 (939.06), 1511.05 (939.05), 1511.071 (939.10), 1511.10 (939.08), 1511.11 (939.09), 1515.01 (940.01), 1515.02 (940.02), 1515.03 (940.03), 1515.05 (940.04), 1515.07 (940.05), 1515.08 (940.06), 1515.081 (940.07), 1515.09 (940.08), 1515.091 (940.09), 1515.092 (940.10), 1515.093 (940.11), 1515.10 (940.12), 1515.11 (940.13), 1515.13 (940.14), 1515.14 (940.15), 1515.15 (940.16), 1515.16 (940.17), 1515.17 (940.18), 1515.18 (940.19), 1515.181 (940.20), 1515.182 (940.21), 1515.183 (940.22), 1515.184 (940.23), 1515.185(940.24), 1515.19 (940.25), 1515.191 (940.26), 1515.192 (940.27),1515.193 (940.28), 1515.21 (940.29), 1515.211 (940.30), 1515.22 (940.31), 1515.23 (940.32), 1515.24 (940.33), 1515.28 (940.34), 1515.29 (940.35), 3333.031 (3333.012), 5123.1610 (5123.1611), and 5101.98 (5902.05) be amended for the purpose of adopting \filt Ml The above boxed and initialed text was disapproved. '30-IS Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 15j 131st G.A. Am. Sub. H. B. No. 64 15 new section numbers as indicated in parentheses; new sections 124.183, 2323.44, 3109.171, 3109.172, 5123.1610, and 5165.25 and sections 5.2298, 9.318, 9.483, 101.60, 103.42, 103.44, 103.45, 103.46, 103.47, 103.48, 103.49, 103.50, 109.747, 111.31, 117.54, 118.041, 122.641, 124.29, 125.035, 125.061, 131.025, 133.083, 135.182, 135.731, 153.83, 167.041, 169.051, 173.548, 174.09, 307.679, 339.061, 340.035, 503.55, 503.56, 503.57, 505.1010, 517.073, 715.014, 743.50, 939.01 939.07, 1503.50, 1503.51, 1503.52, 1503.53, 1503.54, 1503.55, 1509.231, 1509.232,>1521.20,k 1739.141, 3109.173, 3109.174, 3109.175, 3109.176, 3109.177, 3109.178, 3109.179, 3115.101, 3115.102, 3115.103, 3115.104, 3115.105, 3115.201, 3115.202, 3115.203, 3115.204, 3115.205, 3115.206, 3115.207, 3115.208, 3115.209, 3115.210, 3115.211, 3115.301, 3115.302, 3115.303, 3115.304, 3115.305, 3115.306, 3115.307, 3115.308, 3115.309, 3115.310, 3115.311, 3115.312, 3115.313, 3115.314, 3115.315, 3115.316, 3115.317, 3115.318, 3115.319, 3115.401, 3115.402, 3115.501, 3115.502, 3115.503, 3115.504, 3115.505, 3115.506, 3115.507, 3115.601, 3115.602, 3115.603, 3115.604, 3115.605, 3115.606, 3115.607, 3115.608, 3115.609, 3115.610, 3115.611, 3115.612, 3115.613, 3115.614, 3115.615, 3115.616, 3115.701, 3115.702, 3115.703, 3115.704, 3115.705, 3115.706, 3115.707, 3115.708, 3115.709, 3115.710, 3115.711, 3115.712, 3115.713, 3115.801, 3115.802, 3115.901, 3115.902, 3115.903, 3304.171, 3305.062, 3311.191, 3311.221, 3313.413, 3313.619, 3313.6110.. 3313.721. 3314.085, 3317.018,;3317.019, 3317.0215, 3317.0216 , 3317.0218,13317.26 , 3318.71, 3319.113, 3319.271, 3319.323, 3319.67, 3326.101, 3326.41, 3333.165, 3333.70, 3333.92, 3335.361, 345.311. 3345.35. 3345.38, 3345.39, 3345.46, 3345.47, 3365.034,13365.14 (3701.139,1 3701.142, 3701.602, 3701.70, 3701.701, 3701.702, 3701.7037 3701.834, 3701.95, 3702.309, 3734.49, 3781.106, 3901.052, 4301.243, 4301.83, 4503.581 4730.252, 4731.071, 4731.62, 3702.3010, 3705.231, 3707.57, 3734.061, 3901.241, 3959.111, 4113.81, 4141.432, 4503.77L 4503.86, 4511.0915, 4582.56, >4731.74,14760.133, 4762.133, 4765.161, 4765.361, 4774.133, 4778.141, 4923.041, 4927.10, 4927.101, 4928.541, 4928.542, 4928.543, 4928.544, 4928.581, 4928.582, 4928.583, 5101.072, 5101.612, 5101.621, 5101.622, 5101.691, 5101.692, 5103.50, 5103.51, 5103.52, 5103.53, 5103.54, 5103.55, 5104.042, 5104.29, 5120.035, 5120.037, _5123.376. _ _ _ _ _5123.621. _ _ _ _5124.155. _ _ _ 5124.68/ 5124.69. 5124.70 5160.401 _ 5162.365.15163.04,115164.78, 5164.912J _ _ _ _ ,,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5166.161, 5166.24, 5166.32, <5166.33,1 5166.40, 5166.401, 5166.402, 5166.403, *5166.404, 5166.405, 5166.406, 5166.407, 5166.408,,, 5166.409^ 5167.04 5167.15, 5167.16, 5167.17, 5167.32, 5167.33 5502.132, (5703.361,1 5703.85, Am. Sub. H. B. No. 64 131st G.A. 16 6301.18 6301.19 5705.2112. 5709.92. 5709.93.1 5709.94. 5727.09.1 5739.213. 5747.502.^^“ 39TTTI7~59T3713, 5913.14, 6111.051', 6i 1 an&mZ&of the Revised Code be enacted to read as follows: Sec. 1.05. (A) As used in the Revised Code, unless the context otherwise requires, "imprisoned" or "imprisonment" means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, a halfway house, an alternative residential facility, or another facility described or referred to in section 2929.34 of the Revised Code for the type of criminal offense and under the circumstances specified or referred to in that section. (B) As used in division (A) of this section, "community-based correctional facility/' "halfway house," and "alternative residential facility" have has the same meanings meaning as in section 2929.01 of the Revised Code. Sec. 5.2298. The month of April is designated as "Eastern European Month." The people of Ohio are called upon to observe this month with appropriate educational opportunities, ceremonies, and activities. Sec. 9.312. (A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage. The factors that the state agency or political subdivision shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, the bidder's financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly. For purposes of this division, the provision of a bid guaranty in accordance with divisions (A)(1) and (B) of section 153.54 of the Revised Code issued by a surety licensed to do business in this state is evidence of financial responsibility, but a state agency or political subdivision may request additional financial information for review from an apparent low The above boxed and initialed text was disapproved. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. Am. Sub. H. B. No. 64 131st G.A. 976 (b) Include cumulative totals from both the fall and spring administrations of the third grade English language arts achievement assessment; (c) Except as required by the No Child Left Behind Act of 2001, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year. (L) Beginning with the 2015-2016 school year and at least once every three years thereafter, the state board of education shall review and may adjust the benchmarks for assigning letter grades to the performance measures and components prescribed under divisions (C)(3) and (D) of this section. Sec. 3302.036. (A) Notwithstanding anything in the Revised Code to the contrary, the department of education shall not assign an overall letter grade under division (C)(3) of section 3302.03 of the Revised Code for any school district or building for the 2014-2015. 2015-2016. or 2016-2017 school year years, may, at the discretion of the state board of education, not assign an individual grade to any component prescribed under division (C)(3) of section 3302.03 of the Revised Code, and shall not rank school districts, community schools established under Chapter 3314. of the Revised Code, or STEM schools established under Chapter 3326. of the Revised Code under section 3302.21 of the Revised Code for that those school yew years. The report card ratings issued for the 2014-2015. 2015-2016. or 2016-2017 school year years shall not be considered in determining whether a school district or a school is subject to sanctions or penalties. However, the report card ratings of any previous or subsequent years shall be considered in determining whether a school district or building is subject to sanctions or penalties. Accordingly, the report card ratings for the 2014-2015» 2015-2016. or 2016-2017 school year years shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years. (B) The provisions from which a district or school is exempt under division (A) of this section shall be the following: (1) Any restructuring provisions established under this chapter, except as required under the "No Child Left Behind Act of 2001"; (2) Provisions for the Columbus city school pilot project under section 3302.042 of the Revised Code; (3) Provisions for academic distress commissions under section 3302.10 of the Revised Code; (4) Provisions prescribing new buildings where students are eligible for Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 64 131st G. A. 977 the educational choice scholarships under section 3310.03 of the Revised Code; (5) Provisions defining "challenged school districts" in which new start-up community schools may be located, as prescribed in section 3314.02 of the Revised Code; (6) Provisions prescribing community school closure requirements under section 3314.35 or 3314.351 of the Revised Code. (C) Notwithstanding anything in the Revised Code to the contrary and except as provided in Section 3 of H.B. 7 of the 131st general assembly, no school district, community school, or STEM school shall utilize at any time during a student's academic career a student's score on any assessment administered under division (A) of section 3301.0710 or division (B)(2) of section 3301.0712 of the Revised Code in the 2014-2015. 2015-2016. or 2016-2017 school year as a factor in any decision to promote or to deny the student promotion to a higher grade level or in any decision to grant course credit. No individual student score reports on such assessments administered in the 2014-2015. 2015-2016. or 2016-2017 school yew years shall be released, except to a student's school district or school or to the student or the student's parent or guardian. Sec. 3302.05. The state board of education shall adopt rules freeing school districts from specified state mandates if one of the following applies: (A) For the 2011-2012 school year, the school district was declared to be excellent under section 3302.03 of the Revised Code, as that section existed prior to the effective date ofthis-seetion March 22. 2013. and had above expected growth in the overall value-added measure. (B) For the 2012-2013 school year, the school district received a grade of "A" for the number of performance indicators met under division (A)(1)(c) of section 3302.03 of the Revised Code and for the value-added dimension under division (A)(1)(e) of section 3302.03 of the Revised Code. (C) For the 2013-2014. 2014-2015. or 2015-2016 school year, the school district received a grade of "A" for the number of performance indicators met under division (B)(1)(c) of section 3302.03 of the Revised Code and for the value-added dimension under division (B)(1)(e) of section 3302.03 of the Revised Code. (D) For the 2014-2015 2016-2017 school year and for each school year thereafter, the school district received an overall grade of "A" under division (C)(3) of section 3302.03 of the Revised Code. Any mandates included in the rules shall be only those statutes or rules pertaining to state education requirements. The rules shall not exempt Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 64 131st G.A. The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code. * Mt/JL C* _ _ _ _ _ _ Director, Legislative Service Commission. Filed in the office of the Secretary of State at Columbus, Ohio, on the ' ., A. D. 20 IS Secretary of State. Same snhitM File No. Effective Date W If' nw Jm efcf (fed M 5ecto m Somt dales hk to (itu on £mdtd //] Ik fall *This certification has required my designation of the following in the left-hand margin as a proper code section number: 6301.18 6301.19 Director, Legislative Service Commission Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Am. Sub. H. B. No. 64 131st G.A. Speaker Passed Jtmi Tip_ , 20JSI Approved Governor. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH S e c r e t a r y o f State. j-T i-T oo ^efl 3 ° Electronically Filed 09/? J±! 0o oo s' £ •1 oiS-5 <° “ £j" j?£ J 3lm ’§ „ o S'! < * J 111 « i'i iS r, _f- 0) i ^ d ^ c^ a 2^2“^ ■ o,oaK .e fll C/3 , *gg3J O B »-i 1 • • O 73 ^ 1 gra^c » 60 ,g , o -S eT 3 18 904006 / Confirmation Nbr. 1501791 / BATCH I Department I of Education John R. Kasich, Governor Paolo DeMaria, Superintendent of Public Instruction September 20, 2018 To Whom It May Concern, As the custodian of the Local Report Card, I verify that the attached documents are true and accurate copies of the School District Local Report Cards for the 2015-2016, 2016-2017 and 2017-2018 school years for East Cleveland City School District located in Cuyahoga County, Ohio. If you have any questions, I can be contacted at (614) 995-9944. CiMttA/KP Marianne Mottley Director, Report Card Project Ohio Department of Education I, Paolo DeMaria, currently serve as the Superintendent of Public Instruction. I hereby certify that Marianne Mottley, as part of her official capacity, is one of the custodians of the School District Report Cards and that her signature set forth above, is genuine. Wherefore, I have duly signed and sealed this certification, this 20th day of September, 2018. Anthony E. Palmer, Jr,, Attorney At Law 'T? / /[) N0WRYPUBUC-STATEpfOHIO j &UO\t0 /V.UtM/cwwrfiiionhMno«pintoi()rt« - - - - - - - - - - ' 11 - - - - - - - - - ! - - - - S«, 147.03 R.C. Paolo DeMaria Superintendent of Public Instruction Ohio Department of Education 5fz*.'te- o-f iL\j ^ -ft> *v-vi2. /* i£A.SS., 8 9040064C©M^mation Nb^f-Stil^f / B. Electronically Filed 09/21/20f8iCoIl edu( EXHIBIT E For people who are deaf or hard of hearing please call Relay Ohio first at 711. Elo cby v^/lllO I Department I of Education John R. Kaslch, Governor Paolo DeMarla, Superintendent of Public Instruction December 21, 2016 Pursuant to Sections 3301.11 and 3301.13 of the Ohio Revised Code, I hereby authorize Diane Lease, in her capacity as Chief Legal Counsel of the Ohio Department of Education, the powers, duties and functions of the Superintendent of Public Instruction in connection with serving as custodian of records and an authorized signatory for the certification of public records from the Department’s website. This authorization to act on my behalf shall not include the power to adopt any rule or resolution that the Superintendent of Public Instruction is required or permitted to adopt and promulgate, the power to make any delegation or appointment that the Superintendent of Public Instruction is expressly required to make, the power to make to the General Assembly or the Governor any report which may be required of the Superintendent of Public Instruction or the power to settle legal claims or causes of action which have been brought against the Ohio Department of Education. Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH i} The Achievement component represents the number .- I of students who passed the state tests and how well they performed on them. Gap Closing COMPONENT GRADE The Gap Closing component shows how well schools are meeting the performance expectations for our most vulnerable populations of students in English language arts, math and graduation. annual Measurable Objectives . 01791! Ct .. The K-3 Literacy component looks at how successful the school is at getting struggling readers on track to pro?ciency in third grade and beyond. i K- 3 Literacy Improvement 39. . IRN: 043901 neuronal-tome Printed on August 17, 2017 Progress The Progress component looks closely at the growth that all students are making based on their past performances. Value?Added Overall . . Gifted? . Students with Lowest 20% in Achievement. Graduation Rate The Graduation Rate component looks at the percent of students who are successfully ?nishing high school with a diploma in four or ?ve years. com Graduation Rates 69.3% of students graduated in 4 years 74.8% of students graduated in 5 years .. u1u. - Whether training in a technical ?eld or preparing for work or college, the Prepared for Success component looks at how well prepared Ohio's students are for all future opportunities. Page 1 of 31 - 91?: Estdeveland 'Crty 52115013155? .7me a: it" i 1 v.1 :d?hi?F-?J-Tiaw??g?r?r-e - 3: 7?7? ?m .3. . The Achievement component represents the number of students who passed the state tests and how well they performed on them. Performance Index The Performance Index measures the test results of every student, not just those who score pro?cient or higher. There are six levels on the index and districts receive points Performance Lodeic Trend for every student in each ofthese levels. The higher the achievement level the more the points awarded in the district?s index. This rewards schools and districts for improving the performance of all students, regardless of achievement levelAchievement of Points for Points Level Students this Level Received 0? 0 an Advanced Plus 0.0 1.3 0.0 8 a may Advanced 19 1.2 2.2 3 Accelerated 4.6 1.1 5.0 8 pro?cient 13.5 1.0 13.5 a Basic 24.7 0.5 14Limited 54.9 0.3 16.5 43 I 40/0 Untested 0.4 0.0 0.0 52.1 of a possible 120.0 52.1 90.0 100.0% 80.0 89.9% 70-0 - 79.9% 50.0 - 69.9% 0.0 0. in ii II 223-3 I mama-nus I mm 2013 2014 2015 2016 Academia Prc?deni: Limited I I I as? Untested Limited Basic Pro?cient Accelerated :52; .Cl? 9 Advanced IRN: 043901 Printed on August 17, 2017 Page 2 of 31 Page 3 of 31 on August 17,2017 Printed IRN: 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH ■ District Reading Mathematics Science ■ S i m i l a r Districts S t a t e A v e r a g e «2 0R1e2a d i n g 2013 2014 2015 2016 • M a t h e m a t i c s o S c i e n c e ® All T e s t s I ectronically Filed 09/21/201816251 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 BATCH IRN: 043901 6th Grade 61.2% 60% . 54.3% 56.7% Grade 60% 535% 55.3% i1 4 4?1. Mathematis District . Similar Districts State Average 70 64. 9% 60% 52 7% 500/0 47.5%: 400/0 30% 2279525394, 200Mathematics Science I District I Simiiar Districts State Average 11th Grade Cumufah?ve 067' Printed on August 17 1002012 2013 2014 2015 2016 0 Reading 0 Mathematics 0 Social Studies Tests 211'; Grade 100% 80% i 60% 0 - Ian-?Ii 20%i ?wage?has. 0% - 2012 2013 2014 2015 2016 0 Reading 0 Mathematics All Tests 40% 3th Grade 10000 80% 60% #331 20% 8 ?6 0/0 2012 2013 2014 20 15 20 16 . Reading 0 Mathematics 0 Science Tests 1111?? Grade Cumulative 067' 2017 Page 5 of 31 Page 6 of 31 o n A u g u s t 17, 2 0 1 7 Printed IRN: 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paae7of31 i IRN: 043901 Printed on Auoust 17. 2017 i 'Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Page 8 of 31 V> 18 T3 :> £ § fc in 0 Ol IRN: 043901 m o n A u g u s t 17. 2 0 1 7 c £ Printed cn c 2 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Page 9 of 31 o n A u g u s t 17, 2 0 1 7 Printed IRN: 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paqe 10 of 31 M J3 cu 1/{ o n A u g u s t 17, 2 0 1 7 0) Printed en > ^ '3 ¥ (C fll ft) M ■SO TJ 3 to u ID : ".S» J lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 Printed o n A u g u s t 17, 2 0 1 7 E a s t C l e v e l a n d City S c h o o l District Paqe 11 of 31 Page 12 of 31 2017 17, August Printed o n 043901 IR.Ni Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Page 13 of 31 o n A u g u s t 17, 2 0 1 7 Printed IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paael4of31 o n A u a u s t 17, 2 0 1 7 Printed IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paae 15 of 31 o n A u q u s t 17, 2 0 1 7 Printed IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paae 16 of 31 i nj 9-5 *6^ 2017 £ SL Printed o n A u q u s t 17, Graduation Rate Trend •O o J * \3 .Co Pbi JS" IRN: 043901 ^ !» Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH P a g e 1 7 of 31 2017 Printed o n A u g u s t 17, IRN: 043901 'Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paqe 18 of 31 o n A u q u s t 17, 2 0 1 7 Printed IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Page 19 of 31 C5 *o ra X ! 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£ ca £ c £ 5! -q D u 1 Sfi § ro 5 £ tt IS lectronically FiiejdS9/21/2018 16:51 / BRIEF / CV 18 9O40Q6/£onfirmal@hNbr. 1501791 / BATCH IRN: 043901 # P a g e 20 of 31 V < JL a) io toa) fe •£ E S' s o B a) "O 4-j ? ?•:? 03 m <: E o .c _c Q) 4— o 03 > o TO i_ , TO £S S z: a? y j= -a ^ c 8 ° O w Q_ > E § T3 C 03 to E lb to b ]3 £) I o ^ u £ to TO to CL s* 13 CO * £ C C o ra o o 73 Cl I I 1 5 20> fe Si to £ fe £ st- E I “O TO s a cz — 03 C £ a5 U fe to b o o n A u g u s t 17, 2 0 1 7 8 i? 03CL OV c Ol 5 8 c o c fa 2 I fo £ 2 c U O tn & P _Q .£ Q. CL 4-1 Sf* & +3 a) •§ O D O U Si Q. Printed a) E _o I I 4o § G ■§ lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 s P a g e 21 of 31 V' • f, .Vi* V/.. "■Electronically Filed 09/21/2018 16^1 / BRIEF / CV 18 904006 / cOnfi^ation Nbr. 1501791 / BATCH IRN: 043901 Printed o n A u g u s t 17, 2 0 1 7 £>- - < Electronically FlTed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH A u g u s t 17, 2 0 1 7 Page 2 2 of 31 C Printed o n c T1 IRN: 043901 8 Page 23 of 31 st Printed .8 o n A u g u s t 17, 2 0 1 7 sz jgglectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 w £ (V £ U (0 2 (A *L 15 i_ 3 O > lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH 244520: Teacher Evaluations Principal Evaluations 44444 69. 7% i Accomplished 2:45: Skilled Developing i Accomplished Skilled Developing a Ineffective I Not Complete I Ineffective I Not Complete lectronically Filed 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 IBATCH IRN: 043901 Printed on August 17,1201? Page 25 of 31 Page 26 of 31 t §! k c o 8. o; */l £ ?o ^ £ 5 £ S 3 s s "K > c c tJ £! £ 8BS 4-i w nj M tJ? 8^ 43 S°« o c -o -d o P a? 8 * ip u .E o > RJ ■a c c — . ro -a 3* <=*§ 0^=5c if 5 o n A u g u s t 17, 2 0 1 7 *3 S i3 o T3 <1> _ c -a ro rc vi cn Printed c o u ,E E » o 8 gS! I3J3§ Rro -v paio ~ a- S : 043901 I tr Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH . 1015 20mm Electronically Filed 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 Ca -L 1.1- "rdfor??aicfeveland? rty semi gist-5e: ., - - These measures answer several questions about spending and performance. How much is spent on Classroom instruction? How much, on average, is spent on each student? What is the source of the revenue? How do these measures compare to other districts and schools? Comparison Group: Enrollment between 1000 and 2499 What percent of funds are spent on classroom instruction? How does this district rank in comparison to other districts of similar size? 274 out of 276 A rank of 1 indicates the highest percent spent on classroom instruction. District 516%: 9.23% 043901 Comparison Group State Classroom Instruction 334% w. 67.1% NonClassroorn Instruction District State Operating Spending per Pupil $13,208 $8,840 Classroom Instruction $7,577 942 Non-dassroom Spending $5,532 898 $4,000 $8,000 $12,000 $16,000 East Cleveland City 18 NOT among the 20% of public districts with the lowest operating expenditures per pupil East Cleveland City IS NOT among the 20% of public districts with the highest academic performance index scores. Note: District ?nancial data do not include data associated with community schools that are sponsored by the school district Printed on August 17, 2017 Paoe 27 of 31 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 Printed h o w d o e s t h a t c o m p a r e t o s i m i l a r districts a n d s c h o o l s ? o n A u g u s t 17, 2 0 1 7 T h i s m e a s u r e a n s w e r s t h e q u e s t i o n - w h a t is t h e r e l a t i o n s h i p o f a v e r a g e s p e n d i n g p e r s t u d e n t : t o p e r f o r m a n c e , a n d P a g e 2 8 of 31 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 Local State $8,2.78372 15.8% $34,482,688 65.7% Printed o n A u g u s t 17, 2 0 1 7 $8,697,598,445 3 9 . 5 % $10,072,007,846 4 5 . 7 % P a g e 2 9 of 31 P a g e 3 0 of 31 A u g u s t 17, 2 0 1 7 Printed o n IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 . N o d a t a r e t u r n e d f o r this v i e w . T h i s m i g h t b e b e c a u s e t h e a p p l i e d filter e x c l u d e s lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH all data. Printed o n A u a u s t 17, 2 0 1 7 Paae31of31 Electronically Filed 09/21/2018 16:51 CV 18 904006 Confirmation Nbr. 1501791 School District DISTRICT GRADE {?ies ement The Achievement component represens the number of studenE who passed the state tests and how well they performed on them. rformance Index Endicators Met Gap Closing The Gap Closing Component shows how well schools are meeting the performance expectations for our most vulnerable populations of studenm in English language arts, math and graduation. nnual Measurable Objectives I on Nbi?.I 1?501791/ .. i .. I. The K-3 Literacy component looks at how successful the school is at getting struggling readers on track to pro?ciency in third grade and beyond. K- 3 Literacy Improvement 48. (i . g. IRN: 043901 {3 I a a . Progress The Progress component looks closely at the growth that all students are making based on their past performances. Value-Added Overall Students with Lowest 20% in Achievement . . .F Graduation Rate The Graduation Rate component looks at the percent of students who are successfully finishing high school with a diploma in four or ?ve years. Graduation Rates 68.0% of students graduated in 4 years 75.1% of students graduated in 5 yearsF .w We" 3? Xvi-"wt - min? ?xv Whether training in a technical ?eld or preparing for work or college, the Prepared for Success component looks at how well prepared Ohio's students are for all future opportunitiesg?gJH-?h' Printed on August 13, 2018 . mnronem Gm: .. COMPONENT GRADE Page 1 of 31 -n l-Fw :"Eiva?; ?5505 El {653: 5 r\ .7 of a possible 120.0 0.0 - 100.0% .0 - 89. m raElectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH o^aso^o^ovovdsosd>oN st» >*• rt“* >y rr rf' OLnoLnoLooLnocn rsvoujini/i’t'TronN Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 ' ' ' . ; ►< ' l '*■ ■' Printed ' 2 0 1 6 - 2 0 1 7 _ R e .p o r t C a r d f o r Ea a; s t C l e v e l a n d C i t y S c h o o l A D i s t r i c t o n A u g u s t 13, 2 0 1 8 Page 6 of 31 Page 7 of 31 2018 Printed o n A u g u s t 13, IRM: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / C V 18 904006 / Confirmation Nbr. 1501791 / BATCH Paqe8of31 A u q u s t 13, 2 0 1 8 Printed o n IRM; 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH Paae9of31 2018 Printed o n Aucaist 13, Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 inoinoinoirjqLoo t t m r*i n n -j -loo ?ihpbrforsastcnetanac .tl - 1? .I 1. .r 2017.13an . 4. I v- t- - 12016 EGGS iving Sew Identi?ed and Race These charts show, of the students identi?ed as gifted, the percentage of students receiving gifted services. Ali Grades Grades K-3 ['th -I. . . ?l . ..1 IMath I Reading 100.0% A 45 40.0% 20 94W Superior Cognitive I Reading I Math lectronically Filed 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation 0.0% TOW) Grades 9?12 o\ P. ?55 oi; aoadga as, NIT Grades 4-8 3'5 MP i? SG 0% 40.0%l 30 0% 200% Superior Cognitive I Reading .mam Supemr Cognitive I Reading I Math Page 10 of 31 Printed on August 13. 2018 IRN: 043901 P a o e 11 of 31 2018 Printed o n A u a u s t 13. IRN: 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH firearm see-rim; fees? :11. 4' . we Aug: I A The Progress component looks closely at the growth that all studenls GRAPE . are making based on their past performances. Overall Progress Details This measures the progress for all students in math, ELA, science and social studia using tests in grades 4-8 and some end-of?course exams. These tabla show the Progress scores by test grade and subject for students in grades 4-8 and some end-of-course tees, and includes up to three years of data as available. 4 Gifted Students This measures the progress for students identi?ed as gifted in reading, All Grades math, science, social studies and/or superior cognitive ability. 4th Grade 5th Grade 6th Grade 1 i . 1 Students in the Lowest 200/0 in Achievement This measures the progress for students identi?ed as the lowest 20% 7th Grade statewide in reading, math, science or social studies achievement. 8th Grade . . . . . Students with Disabilities a, 7: as: . Englishl 1gb? ?ghter-ex .. u, A. 'i This measures the progress for students with disabilities. High School .-.1 English II What do the colors mean? The Progress Component measures how groups of students made progress as compared to the statewide expectation of growth. The expectation of growth is based on how students in the group performed, on average, compared to other students like them across the state ectronically Filed 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 Students made more progress than expected signi?cant evidence StudenB made more progress than expected moderate evidence StudenE made progress similar to the statewide expectation evidence StudenE made less progress than expected moderate evidence Students made less progress than expected signi?cant evidence IRN: 043901 Printed on August 13, 2018 Page 12 of 31 Page 13 of 31 2018 13, August Printed o n IRN: 043901 ^Ellctronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH T h e r e d line o n e a c h g r a p h identifiesS u tb hg er oA un pn su awli tMhe af se uw re ar b tl he a On b 3j e0 c ts itvued.e n Tt hs ea r2e0 n1 o7 t A r Ma tOe df oarn dE l dA o isn o7 t7 .a p1 p% e, a fro ro nM atth he isg r a7 p2h %s ,. a n d f o r G r a d u a t i o n R a t e is 8 5 . 1 % . P a g e 15 of 31 o n A u g u s t 13, 2 0 1 8 Printed IRN: 043901 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH P a g e 16 of 31 o n A u g u s t 13, 2 0 1 8 Printed IRN: 043901 lectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH u" I Electronically Filed 09/21/2018 16:51 CV 18 904006 Confirmation Nbr. 1501791 IBATCH IRN: 043901 34;: restrict The Literacy component looks at how successful the school is at getting struggling readers on track to pro?ciency in third grade and beyond. 81 Students Moved to On 0 167 Students Track .i Started OffTrack . Remained Off Track .Moved to On Track RIMP Reading Improvement and Monitoring Plan. District? are required to create a RIMP for students not on track to be pro?cient in English Language Arts by the end of 3rd grade. . Remained Off Track . Moved to On Track Printed on August 13. 2018 Page 17 of 31 P a q e 18 of 31 o n A u q u s t 13, 2 0 1 8 Printed ^Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 «r,& ro N o t e : T h e s e d a t a r e p r e s e n t s t u d e n t s in t h e 4 - y e a r a n d 5 - y e a r g r a d u a t i o n rates, i.e. s t u d e n t s w h o e n t e r e d 9 t h g r a d e in 2 0 1 2 a n d 2 0 1 3 . o cr> i i s° O "S 5 a) ■E I ^ o> o c ro "to Q. O ,S> ((— (D U aj £ c 2 o t. a. o r Q. t a g 8 ° a a 43 J= -g = -S(Di_ c a; ° "a in CL ? S 2 C CD « -C ±3 0) * 01 CT> -o ■§ F\ V to Cl — O co co aT a> p O) s 8 ££ TO CO § CsCL Q. oj o § CL oj CL CL -m _c P 0) 5 » 4—1 to TO ■w Jg CO JOo o to a) §! O CO o y o TO 4_> g ■5 ^ 9- to \_ o VCT> _pto ro a) o c ^ o > -aT 4-J3 u g >TO 4CL *1 _> -C C 4—1 c c ° 5 E S o CL E 8£ CO CO TO Q. 8e m to “ Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH W o r e : T h e s e c t e t a r e p r e s e n t s t u d e n t s i n t h e 4 - y e a r a n d 5 - y e a r g r a d u a t i o n r a t e s , i.e. s t u d e n t s w h o e n t e r e d 9 t h g r a d e in 2 0 1 2 a n d 2 0 1 3 . ID £ > I to E CO 00 Page 21 of 31 o n A u g u s t 13, 2 0 1 8 Printed g § q _ _ _ _ sjtflectronically Filed 09/21/2018 l6%1 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH IRN: 043901 .^ ml 1 Chronic bsenteeism Rate: Electronically F?llred 09/21/2018 16:51 IBRIEF CV 18 904006 Confirmation Nbr. 1501791 IRN: 043901 All Studenls Am. Indian Alaskan Native Asian or Paci?c Islander Black, Non-Hispanic Hispanic Multiracial White, Non?Hispa n?ic Students with Disabilities Economic Disadvantage Limited English Pro?ciency Migrant Male Female Attendance Rate 90.6% NC NC 90.6% NC NC NC 90.0% 90.6% NC NC 90.3%) 90.85% NC Not Calculated because there are fewer than 10 in the group Printed on August 13, 2018 100% 80% 60% 40% 20% 00/0 ?Lam?s" a Himanic Smdents Disabilities I slam, Non-Haven?: Whll?, Hon-Hammi: . Limited Engiisn Proficiency Agrarian Indian or Asian or Paci?c Islander I Multiracial Economic Disadvantage Attendance Rate is not shown if enrollment is less than 10. Page 22 of 31 Page 2 3 of 31 o n A u g u s t 13, 2 0 1 8 Printed IRN: 043901 rElectronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH > ro al n> u c (Z ■o c a) # JS ro (A 01 Ol ro 01 > < ro rd £ O' 4o IA k. 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[2 ro 5 O OCL _C0 P in0 o < E c o ■O 0 0 TO O E c 0 .Q TO 0 d TO o <3 C£ CT> 2 TO aj c q: o C o re TO d =j T3 <5 TD v*7 h TO (O o o r, w (0 — O ^ 1C a E to cl c oCltj--Eo o c 0 CL o E J= O in (O CL -»—■ TO CE >> 0 TO TO 0 lectVonically Filed 09^1/2018 16:51 / BRIEJF / §V^8 ^0400^/ CpnifTmitiaB Nbr.350l79lJ;BATbH 0 c E E c w ID CO c c 3 (0 3 CD □> O c o E nj >* >. >» 0 0 o > 0 o CL T32 *D2 to W C h- https://reportcard.education.ohiQ.gov/district/print/043901 o 0 https://reportcard education.ohio.gov/district/print/043901 9 /2 0 / 2 0 1 8 Electronically Filed 09/21/2018 16:51 / BRIEF / CV 18 904006 / Confirmation Nbr. 1501791 / BATCH