2006 Ohio Revised Code - [3301.07.10] 3301.0710.Statewide program to test student achievement; graduation tests.

[§ 3301.07.10] § 3301.0710. Statewide program to test student achievement; graduation tests.
 

The state board of education shall adopt rules establishing a statewide program to test student achievement. The state board shall ensure that all tests administered under the testing program are aligned with the academic standards and model curricula adopted by the state board and are created with input from Ohio parents, Ohio classroom teachers, Ohio school administrators, and other Ohio school personnel pursuant to section 3301.079 [3301.07.9] of the Revised Code. 
 

The testing program shall be designed to ensure that students who receive a high school diploma demonstrate at least high school levels of achievement in reading, writing, mathematics, science, and social studies. 

(A) (1) The state board shall prescribe all of the following: 

(a) Two statewide achievement tests, one each designed to measure the level of reading and mathematics skill expected at the end of third grade; 

(b) Three statewide achievement tests, one each designed to measure the level of reading, writing, and mathematics skill expected at the end of fourth grade; 

(c) Four statewide achievement tests, one each designed to measure the level of reading, mathematics, science, and social studies skill expected at the end of fifth grade; 

(d) Two statewide achievement tests, one each designed to measure the level of reading and mathematics skill expected at the end of sixth grade; 

(e) Three statewide achievement tests, one each designed to measure the level of reading, writing, and mathematics skill expected at the end of seventh grade; 

(f) Four statewide achievement tests, one each designed to measure the level of reading, mathematics, science, and social studies skill expected at the end of eighth grade. 

(2) The state board shall determine and designate at least five ranges of scores on each of the achievement tests described in divisions (A)(1) and (B) of this section. Each range of scores shall be deemed to demonstrate a level of achievement so that any student attaining a score within such range has achieved one of the following: 

(a) An advanced level of skill; 

(b) An accelerated level of skill; 

(c) A proficient level of skill; 

(d) A basic level of skill; 

(e) A limited level of skill. 

(B) The tests prescribed under this division shall collectively be known as the Ohio graduation tests. The state board shall prescribe five statewide high school achievement tests, one each designed to measure the level of reading, writing, mathematics, science, and social studies skill expected at the end of tenth grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such test that shall be deemed to be a passing score on the test as a condition toward granting high school diplomas under sections 3313.61, 3313.611 [3313.61.1], 3313.612 [3313.61.2], and 3325.08 of the Revised Code. 

The state board may enter into a reciprocal agreement with the appropriate body or agency of any other state that has similar statewide achievement testing requirements for receiving high school diplomas, under which any student who has met an achievement testing requirement of one state is recognized as having met the similar achievement testing requirement of the other state for purposes of receiving a high school diploma. For purposes of this section and sections 3301.0711 [3301.07.11] and 3313.61 of the Revised Code, any student enrolled in any public high school in this state who has met an achievement testing requirement specified in a reciprocal agreement entered into under this division shall be deemed to have attained at least the applicable score designated under this division on each test required by this division that is specified in the agreement. 

(C) Except as provided in division (H) of this section, the state board shall annually designate as follows the dates on which the tests prescribed under this section shall be administered: 

(1) For the reading test prescribed under division (A)(1)(a) of this section, as follows: 

(a) One date prior to the thirty-first day of December each school year; 

(b) At least one date of each school year that is not earlier than Monday of the week containing the first day of May; 

(c) One date during the summer that is not earlier than the tenth day of June nor later than the fifteenth day of July for students receiving summer remediation services under section 3313.608 [3313.60.8] of the Revised Code. 

(2) For the mathematics test prescribed under division (A)(1)(a) of this section and the tests prescribed under divisions (A)(1)(b), (c), (d), (e), and (f) of this section, at least one date of each school year that is not earlier than Monday of the week containing the first day of May; 

(3) For the tests prescribed under division (B) of this section, at least one date in each school year that is not earlier than Monday of the week containing the fifteenth day of March for all tenth grade students and at least one date prior to the thirty-first day of December and at least one date subsequent to that date but prior to the thirty-first day of March of each school year for eleventh and twelfth grade students. 

(D) In prescribing test dates pursuant to division (C)(3) of this section, the state board shall, to the greatest extent practicable, provide options to school districts in the case of tests administered under that division to eleventh and twelfth grade students and in the case of tests administered to students pursuant to division (C)(2) of section 3301.0711 [3301.07.11] of the Revised Code. Such options shall include at least an opportunity for school districts to give such tests outside of regular school hours. 

(E) In prescribing test dates pursuant to this section, the state board of education shall designate the dates in such a way as to allow a reasonable length of time between the administration of tests prescribed under this section and any administration of the National Assessment of Education Progress Test given to students in the same grade level pursuant to section 3301.27 of the Revised Code or federal law. 

(F) The state board shall prescribe a practice version of each Ohio graduation test described in division (B) of this section that is of comparable length to the actual test. 

(G) Any committee established by the department of education for the purpose of making recommendations to the state board regarding the state board's designation of scores on the tests described by this section shall inform the state board of the probable percentage of students who would score in each of the ranges established under division (A)(2) of this section on the tests if the committee's recommendations are adopted by the state board. To the extent possible, these percentages shall be disaggregated by gender, major racial and ethnic groups, limited English proficient students, economically disadvantaged students, students with disabilities, and migrant students. 

If the state board intends to make any change to the committee's recommendations, the state board shall explain the intended change to the Ohio accountability task force established by section 3302.021 [3302.02.1] of the Revised Code. The task force shall recommend whether the state board should proceed to adopt the intended change. Nothing in this division shall require the state board to designate test scores based upon the recommendations of the task force. 

(H) (1) The state board shall require any alternate assessment administered to a student under division (C)(1) of section 3301.0711 [3301.07.11] of the Revised Code to be completed and submitted to the entity with which the department contracts for the scoring of the test not later than the first day of April of the school year in which the test is administered. 

(2) For any test prescribed by this section, the state board may designate a date one week earlier than the applicable date designated under division (C) of this section for the administration of the test to limited English proficient students. 

(3) In designating days for the administration of the tests prescribed by division (A) of this section, the state board shall require the tests for each grade level to be administered on consecutive days. 
 

HISTORY: 142 v H 231 (Eff 10-5-87); 144 v H 55 (Eff 6-30-92); 146 v H 223 (Eff 11-15-95); 147 v S 55 (Eff 7-1-98); 148 v S 237 (Eff 6-21-2000); 149 v S 1. Eff 9-11-2001; 150 v H 3, § 1, eff. 8-15-03; 150 v H 95, § 1, eff. 9-26-03; 150 v S 2, § 1, eff. 6-9-04; 151 v H 66, § 101.01, eff. 7-1-06.
 

The effective date is set by § 612.09 of 151 v H 66. 

The provisions of § 18 of S.B. 2 (150 v  - ) read as follows: 

SECTION 18. Section 3301.0710 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th 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. 

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

SECTION 3. * * * (B) For each proficiency test required to be administered pursuant to section 3301.0712 [3301.07.12] of the Revised Code, as amended by this act, the four ranges of scores used to denote different levels of achievement on each test shall be the same as the levels of achievement described in division (A)(2) of section 3301.0710 of the Revised Code, as it existed prior to the effective date of this act. 

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." 

 

Effect of Amendments

151 v H 66, effective July 1, 2006, added the exception to the beginning of the introductory language of (C); in (C)(1)(b) and (2), substituted "first day of May" for "eighth day of March"; and added (H). 

S.B. 2, Acts 2004, effective June 9, 2004, inserted "that is not earlier than the tenth day of June nor later than the fifteenth day of July" in (C)(1)(c); and redesignated (F) as introduced in H.B. 3 (150 v  - ) as (G). 

H.B. 95, Acts 2003, effective September 26, 2003, added (F). 

H.B. 3, Acts 2003, effective August 15, 2003, rewrote (A) and (B); in (C)(1), inserted "reading"; in (C)(2), inserted "mathematics test prescribed under division (A)(1)(a) of this section and the" and "and (f)," and made minor stylistic changes; added "or federal law" to the end of (E); and added (F).