2006 Ohio Revised Code - [3301.07.9] 3301.079.Academic standards for K-12; model curriculum; achievement tests; diagnostic assessment; persons to be consulted; fairness sensitivity review committee.

[§ 3301.07.9] § 3301.079. Academic standards for K-12; model curriculum; achievement tests; diagnostic assessment; persons to be consulted; fairness sensitivity review committee.
 

(A) (1)  Not later than December 31, 2001, the state board of education shall adopt statewide academic standards for each of grades kindergarten through twelve in reading, writing, and mathematics. Not later than December 31, 2002, the state board shall adopt statewide academic standards for each of grades kindergarten through twelve in science and social studies. The standards shall specify the academic content and skills that students are expected to know and be able to do at each grade level. 

(2) When academic standards have been completed for any subject area required by this division, the state board shall inform all school districts of the content of those standards. 

(B)  Not later than eighteen months after the completion of academic standards for any subject area required by division (A) of this section, the state board shall adopt a model curriculum for instruction in that subject area for each of grades kindergarten through twelve that is sufficient to meet the needs of students in every community. The model curriculum shall be aligned with the standards to ensure that the academic content and skills specified for each grade level are taught to students. When any model curriculum has been completed, the state board shall inform all school districts of the content of that model curriculum. 
 

All school districts may utilize the state standards and the model curriculum established by the state board, together with other relevant resources, examples, or models to ensure that students have the opportunity to attain the academic standards. Upon request, the department of education shall provide technical assistance to any district in implementing the model curriculum. 
 

Nothing in this section requires any school district to utilize all or any part of a model curriculum developed under this division. 

(C)  The state board shall develop achievement tests aligned with the academic standards and model curriculum for each of the subject areas and grade levels required by section 3301.0710 [3301.07.10] of the Revised Code. 
 

When any achievement test has been completed, the state board shall inform all school districts of its completion, and the department of education shall make the achievement test available to the districts. School districts shall administer the achievement test beginning in the school year indicated in section 3301.0712 [3301.07.12] of the Revised Code. 

(D) (1)  The state board shall adopt a diagnostic assessment aligned with the academic standards and model curriculum for each of grades kindergarten through two in reading, writing, and mathematics and for grade three in writing. The diagnostic assessment shall be designed to measure student comprehension of academic content and mastery of related skills for the relevant subject area and grade level. Any diagnostic assessment shall not include components to identify gifted students. Blank copies of diagnostic tests shall be public records. 

(2) When each diagnostic assessment has been completed, the state board shall inform all school districts of its completion and the department of education shall make the diagnostic assessment available to the districts at no cost to the district. School districts shall administer the diagnostic assessment pursuant to section 3301.0715 [3301.07.15] of the Revised Code beginning the first school year following the development of the assessment. 

(E)  Whenever the state board or the department of education consults with persons for the purpose of drafting or reviewing any standards, diagnostic assessments, achievement tests, or model curriculum required under this section, the state board or the department shall first consult with parents of students in kindergarten through twelfth grade and with active Ohio classroom teachers, other school personnel, and administrators with expertise in the appropriate subject area. Whenever practicable, the state board and department shall consult with teachers recognized as outstanding in their fields. 
 

If the department contracts with more than one outside entity for the development of the achievement tests required by this section, the department shall ensure the interchangeability of those tests. 

(F)  The fairness sensitivity review committee, established by rule of the state board of education, shall not allow any question on any achievement test or diagnostic assessment developed under this section or any proficiency test prescribed by former section 3301.0710 [3301.07.10] of the Revised Code, as it existed prior to September 11, 2001, to include, be written to promote, or inquire as to individual moral or social values or beliefs. The decision of the committee shall be final. This section does not create a private cause of action. 
 

HISTORY: 149 v S 1. Eff 9-11-2001; 150 v H 3, § 1, eff. 8-15-03; 150 v S 2, § 1, eff. 6-9-04; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

The provisions of § 10 of H.B. 3 (150 v  - ), read as follows: 

SECTION 10. Not later than ninety days after the effective date of this section, the Superintendent of Public Instruction shall submit to the General Assembly a detailed financial analysis of the projected costs for the state and for each school district of compliance with the "No Child Left Behind Act of 2001," Pub. L. 107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds the state can reasonably expect to receive per year under that act; and the financial consequences to the state and each school district for noncompliance with that act. The financial analysis shall examine the costs involved in building the capacity of school districts and buildings to assist students in achieving at levels that satisfy federal and state requirements. These costs shall include, but not be limited to, the following: 

* * * 

(C) The costs of professional development for teachers and administrators on the statewide academic standards adopted pursuant to section 3301.079 of the Revised Code and on the interpretation of student performance data. 

The provisions of § 13 of H.B. 3 (150 v  - ), as most recently amended by § 12 of S.B. 2 (150 v  - ), read as follows: 

SECTION 12. That Sections 11, 12, 13, and 14 of Am. Sub. H.B. 3 of the 125th General Assembly be amended to read as follows: 

"Sec. 13. The Legislative Office of Education Oversight shall conduct a study of the performance of students in the Class of 2007 on the Ohio Graduation Tests prescribed by division (B) of section 3301.0710 of the Revised Code to determine how well students meet the statewide academic standards developed pursuant to section 3301.079 of the Revised Code. The study shall include all students who enter the ninth grade in the school year beginning July 1, 2003; the Office shall not exclude from any analysis students who leave school prior to graduation. In conducting the study, the Office shall determine the number of such students who attain a score at the proficient level on all five of the Ohio Graduation Tests by June 30, 2007. To the extent possible, the Office also shall determine the number of such students who satisfy the alternative conditions described in section 3313.615 of the Revised Code for meeting the testing requirement to be eligible for a diploma. The Office shall issue annual written reports in June 2006 and June 2007 to the General Assembly, and shall issue a final, comprehensive written report of its findings to the General Assembly not later than June 30, 2008." 

Not analogous to former RC § 3301.07.9 (142 v H 231; 146 v S 230), renumbered RC § 3301.07.8 in 149 v S 1, eff 9-11-2001.

 

Effect of Amendments

151 v H 66, effective September 29, 2005, in (D)(1), deleted "Not later than July 1, 2008, and except as provided in division (D)(3) of this section" from the beginning, and substituted "grade three writing" for "each of grades three through eight in reading, writing, mathematics, science, and social studies"; and deleted (D)(3), pertaining to a prohibition of the state board of education's adopting certain diagnostic assessments. 

S.B. 2, Acts 2004, effective June 9, 2004, substituted "2008" for "2007" in (D)(1). 

H.B. 3, Acts 2003, effective August 15, 2003, added the last sentence to (E); deleted (F) and redesignated former (G) as present (F); and substituted "September 11, 2001" for "the effective date of this section" in present (G).