2006 Ohio Revised Code - [3301.07.14] 3301.0714.Guidelines for statewide education management information system.

[§ 3301.07.14] § 3301.0714. Guidelines for statewide education management information system.
 

(A)  The state board of education shall adopt rules for a statewide education management information system. The rules shall require the state board to establish guidelines for the establishment and maintenance of the system in accordance with this section and the rules adopted under this section. The guidelines shall include: 

(1) Standards identifying and defining the types of data in the system in accordance with divisions (B) and (C) of this section; 

(2) Procedures for annually collecting and reporting the data to the state board in accordance with division (D) of this section; 

(3) Procedures for annually compiling the data in accordance with division (G) of this section; 

(4) Procedures for annually reporting the data to the public in accordance with division (H) of this section. 

(B)  The guidelines adopted under this section shall require the data maintained in the education management information system to include at least the following: 

(1) Student participation and performance data, for each grade in each school district as a whole and for each grade in each school building in each school district, that includes: 

(a) The numbers of students receiving each category of instructional service offered by the school district, such as regular education instruction, vocational education instruction, specialized instruction programs or enrichment instruction that is part of the educational curriculum, instruction for gifted students, instruction for handicapped students, and remedial instruction. The guidelines shall require instructional services under this division to be divided into discrete categories if an instructional service is limited to a specific subject, a specific type of student, or both, such as regular instructional services in mathematics, remedial reading instructional services, instructional services specifically for students gifted in mathematics or some other subject area, or instructional services for students with a specific type of handicap. The categories of instructional services required by the guidelines under this division shall be the same as the categories of instructional services used in determining cost units pursuant to division (C)(3) of this section. 

(b) The numbers of students receiving support or extracurricular services for each of the support services or extracurricular programs offered by the school district, such as counseling services, health services, and extracurricular sports and fine arts programs. The categories of services required by the guidelines under this division shall be the same as the categories of services used in determining cost units pursuant to division (C)(4)(a) of this section. 

(c) Average student grades in each subject in grades nine through twelve; 

(d) Academic achievement levels as assessed by the testing of student achievement under sections 3301.0710 and 3301.0711 [3301.07.10 and 3301.07.11] of the Revised Code; 

(e) The number of students designated as having a handicapping condition pursuant to division (C)(1) of section 3301.0711 [3301.07.11] of the Revised Code; 

(f) The numbers of students reported to the state board pursuant to division (C)(2) of section 3301.0711 [3301.07.11] of the Revised Code; 

(g) Attendance rates and the average daily attendance for the year. For purposes of this division, a student shall be counted as present for any field trip that is approved by the school administration. 

(h) Expulsion rates; 

(i) Suspension rates; 

(j) The percentage of students receiving corporal punishment; 

(k) Dropout rates; 

(l) Rates of retention in grade; 

(m) For pupils in grades nine through twelve, the average number of carnegie units, as calculated in accordance with state board of education rules; 

(n) Graduation rates, to be calculated in a manner specified by the department of education that reflects the rate at which students who were in the ninth grade three years prior to the current year complete school and that is consistent with nationally accepted reporting requirements; 

(o) Results of diagnostic assessments administered to kindergarten students as required under section 3301.0715 [3301.07.15] of the Revised Code to permit a comparison of the academic readiness of kindergarten students. However, no district shall be required to report to the department the results of any diagnostic assessment administered to a kindergarten student if the parent of that student requests the district not to report those results. 

(2) Personnel and classroom enrollment data for each school district, including: 

(a) The total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category of instructional service, instructional support service, and administrative support service used pursuant to division (C)(3) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building. 

(b) The total number of employees and the number of full-time equivalent employees providing each category of service used pursuant to divisions (C)(4)(a) and (b) of this section, and the total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category used pursuant to division (C)(4)(c) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building. 

(c) The total number of regular classroom teachers teaching classes of regular education and the average number of pupils enrolled in each such class, in each of grades kindergarten through five in the district as a whole and in each school building in the school district. 

(d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code. 

(3) (a) Student demographic data for each school district, including information regarding the gender ratio of the school district's pupils, the racial make-up of the school district's pupils, the number of limited English proficient students in the district, and an appropriate measure of the number of the school district's pupils who reside in economically disadvantaged households. The demographic data shall be collected in a manner to allow correlation with data collected under division (B)(1) of this section. Categories for data collected pursuant to division (B)(3) of this section shall conform, where appropriate, to standard practices of agencies of the federal government. 

(b) With respect to each student entering kindergarten, whether the student previously participated in a public preschool program, a private preschool program, or a head start program, and the number of years the student participated in each of these programs. 

(4) Any data required to be collected pursuant to federal law. 

(C)  The education management information system shall include cost accounting data for each district as a whole and for each school building in each school district. The guidelines adopted under this section shall require the cost data for each school district to be maintained in a system of mutually exclusive cost units and shall require all of the costs of each school district to be divided among the cost units. The guidelines shall require the system of mutually exclusive cost units to include at least the following: 

(1) Administrative costs for the school district as a whole. The guidelines shall require the cost units under this division (C)(1) to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil in formula ADM in the school district, as determined pursuant to section 3317.03 of the Revised Code. 

(2) Administrative costs for each school building in the school district. The guidelines shall require the cost units under this division (C)(2) to be designed so that each of them may be compiled and reported in terms of average expenditure per full-time equivalent pupil receiving instructional or support services in each building. 

(3) Instructional services costs for each category of instructional service provided directly to students and required by guidelines adopted pursuant to division (B)(1)(a) of this section. The guidelines shall require the cost units under division (C)(3) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components: 

(a) The cost of each instructional services category required by guidelines adopted under division (B)(1)(a) of this section that is provided directly to students by a classroom teacher; 

(b) The cost of the instructional support services, such as services provided by a speech-language pathologist, classroom aide, multimedia aide, or librarian, provided directly to students in conjunction with each instructional services category; 

(c) The cost of the administrative support services related to each instructional services category, such as the cost of personnel that develop the curriculum for the instructional services category and the cost of personnel supervising or coordinating the delivery of the instructional services category. 

(4) Support or extracurricular services costs for each category of service directly provided to students and required by guidelines adopted pursuant to division (B)(1)(b) of this section. The guidelines shall require the cost units under division (C)(4) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components: 

(a) The cost of each support or extracurricular services category required by guidelines adopted under division (B)(1)(b) of this section that is provided directly to students by a licensed employee, such as services provided by a guidance counselor or any services provided by a licensed employee under a supplemental contract; 

(b) The cost of each such services category provided directly to students by a nonlicensed employee, such as janitorial services, cafeteria services, or services of a sports trainer; 

(c) The cost of the administrative services related to each services category in division (C)(4)(a) or (b) of this section, such as the cost of any licensed or nonlicensed employees that develop, supervise, coordinate, or otherwise are involved in administering or aiding the delivery of each services category. 

(D) (1)  The guidelines adopted under this section shall require school districts to collect information about individual students, staff members, or both in connection with any data required by division (B) or (C) of this section or other reporting requirements established in the Revised Code. The guidelines may also require school districts to report information about individual staff members in connection with any data required by division (B) or (C) of this section or other reporting requirements established in the Revised Code. The guidelines shall not authorize school districts to request social security numbers of individual students. The guidelines shall prohibit the reporting under this section of a student's name, address, and social security number to the state board of education or the department of education. The guidelines shall also prohibit the reporting under this section of any personally identifiable information about any student, except for the purpose of assigning the data verification code required by division (D)(2) of this section, to any other person unless such person is employed by the school district or the data acquisition site operated under section 3301.075 [3301.07.5] of the Revised Code and is authorized by the district or acquisition site to have access to such information or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 [3301.07.11] or 3301.0712 [3301.07.12] of the Revised Code. The guidelines may require school districts to provide the social security numbers of individual staff members. 

(2) The guidelines shall provide for each school district or community school to assign a data verification code that is unique on a statewide basis over time to each student whose initial Ohio enrollment is in that district or school and to report all required individual student data for that student utilizing such code. The guidelines shall also provide for assigning data verification codes to all students enrolled in districts or community schools on the effective date of the guidelines established under this section. 

Individual student data shall be reported to the department through the data acquisition sites utilizing the code but, except as provided in section 3310.11 of the Revised Code, at no time shall the state board or the department have access to information that would enable any data verification code to be matched to personally identifiable student data. 

Each school district shall ensure that the data verification code is included in the student's records reported to any subsequent school district or community school in which the student enrolls. Any such subsequent district or school shall utilize the same identifier in its reporting of data under this section. 

(E)  The guidelines adopted under this section may require school districts to collect and report data, information, or reports other than that described in divisions (A), (B), and (C) of this section for the purpose of complying with other reporting requirements established in the Revised Code. The other data, information, or reports may be maintained in the education management information system but are not required to be compiled as part of the profile formats required under division (G) of this section or the annual statewide report required under division (H) of this section. 

(F)  Beginning with the school year that begins July 1, 1991, the board of education of each school district shall annually collect and report to the state board, in accordance with the guidelines established by the board, the data required pursuant to this section. A school district may collect and report these data notwithstanding section 2151.357 [2151.35.7] or 3319.321 [3319.32.1] of the Revised Code. 

(G)  The state board shall, in accordance with the procedures it adopts, annually compile the data reported by each school district pursuant to division (D) of this section. The state board shall design formats for profiling each school district as a whole and each school building within each district and shall compile the data in accordance with these formats. These profile formats shall: 

(1) Include all of the data gathered under this section in a manner that facilitates comparison among school districts and among school buildings within each school district; 

(2) Present the data on academic achievement levels as assessed by the testing of student achievement maintained pursuant to division (B)(1)(d) of this section. 

(H) (1)  The state board shall, in accordance with the procedures it adopts, annually prepare a statewide report for all school districts and the general public that includes the profile of each of the school districts developed pursuant to division (G) of this section. Copies of the report shall be sent to each school district. 

(2) The state board shall, in accordance with the procedures it adopts, annually prepare an individual report for each school district and the general public that includes the profiles of each of the school buildings in that school district developed pursuant to division (G) of this section. Copies of the report shall be sent to the superintendent of the district and to each member of the district board of education. 

(3) Copies of the reports received from the state board under divisions (H)(1) and (2) of this section shall be made available to the general public at each school district's offices. Each district board of education shall make copies of each report available to any person upon request and payment of a reasonable fee for the cost of reproducing the report. The board shall annually publish in a newspaper of general circulation in the school district, at least twice during the two weeks prior to the week in which the reports will first be available, a notice containing the address where the reports are available and the date on which the reports will be available. 

(I)  Any data that is collected or maintained pursuant to this section and that identifies an individual pupil is not a public record for the purposes of section 149.43 of the Revised Code. 

(J)  As used in this section: 

(1) "School district" means any city, local, exempted village, or joint vocational school district. 

(2) "Cost" means any expenditure for operating expenses made by a school district excluding any expenditures for debt retirement except for payments made to any commercial lending institution for any loan approved pursuant to section 3313.483 [3313.48.3] of the Revised Code. 

(K)  Any person who removes data from the information system established under this section for the purpose of releasing it to any person not entitled under law to have access to such information is subject to section 2913.42 of the Revised Code prohibiting tampering with data. 

(L)  Any time the department of education determines that a school district has taken any of the actions described under division (L)(1), (2), or (3) of this section, it shall make a report of the actions of the district, send a copy of the report to the superintendent of such school district, and maintain a copy of the report in its files: 

(1) The school district fails to meet any deadline established pursuant to this section for the reporting of any data to the education management information system; 

(2) The school district fails to meet any deadline established pursuant to this section for the correction of any data reported to the education management information system; 

(3) The school district reports data to the education management information system in a condition, as determined by the department, that indicates that the district did not make a good faith effort in reporting the data to the system. 

Any report made under this division shall include recommendations for corrective action by the school district. 

Upon making a report for the first time in a fiscal year, the department shall withhold ten per cent of the total amount due during that fiscal year under Chapter 3317. of the Revised Code to the school district to which the report applies. Upon making a second report in a fiscal year, the department shall withhold an additional twenty per cent of such total amount due during that fiscal year to the school district to which the report applies. The department shall not release such funds unless it determines that the district has taken corrective action. However, no such release of funds shall occur if the district fails to take corrective action within forty-five days of the date upon which the report was made by the department. 

(M)  No data acquisition site or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department. 

(N)  The state board of education, in accordance with sections 3319.31 and 3319.311 [3319.31.1] of the Revised Code, may suspend or revoke a license as defined under division (A) of section 3319.31 of the Revised Code that has been issued to any school district employee found to have willfully reported erroneous, inaccurate, or incomplete data to the education management information system. 

(O)  No person shall release or maintain any information about any student in violation of this section. Whoever violates this division is guilty of a misdemeanor of the fourth degree. 

(P)  The department shall disaggregate the data collected under division (B)(1)(o) of this section according to the race and socioeconomic status of the students assessed. No data collected under that division shall be included on the report cards required by section 3302.03 of the Revised Code. 

(Q)  If the department cannot compile any of the information required by division (C)(5) of section 3302.03 of the Revised Code based upon the data collected under this section, the department shall develop a plan and a reasonable timeline for the collection of any data necessary to comply with that division. 
 

HISTORY: 143 v S 140 (Eff 10-2-89); 143 v S 336 (Eff 4-10-90); 144 v H 298 (Eff 7-26-91); 144 v H 55 (Eff 6-30-92); 144 v H 437 (Eff 4-30-92); 145 v H 152 (Eff 7-1-93); 146 v S 230 (Eff 10-29-96); 147 v H 215 (Eff 6-30-97); 147 v H 650 (Eff 7-1-98); 148 v H 282 (Eff 9-28-99); 149 v S 1 (Eff 9-11-2001); 149 v H 196 (Eff 11-20-2001); 149 v H 407 (Eff 10-11-2002); 149 v H 364. Eff 4-8-2003; 150 v H 95, § 1, eff. 9-26-03; 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; 151 v H 530, § 101.01, eff. 3-30-06; 151 v H 137, § 1, eff. 10-12-06.
 

The effective date is set by § 6 of 151 v H 137. 

The effective date is set by § 815.03 of 151 v H 530. 

The provisions of § 3 of 151 v H 11, as amended by § 606.05 of 151 v H 530, read as follows: 

SECTION 606.05. That Section 3 of Sub. H.B. 11 of the 126th General Assembly be amended to read as follows: 

"Sec. 3. (A) Notwithstanding anything to the contrary in division (D) of section 3317.024 of the Revised Code, in section 3317.07 of the Revised Code or in rules adopted under that section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, during fiscal year 2006 only, upon receipt of a waiver granted by the Superintendent of Public Instruction a school district, educational service center, or county MR/DD board may use the portion of the funds paid under appropriation item 200-503, Bus Purchase Allowance, as approved in the waiver for purchasing fuel for school buses. 

"(B) In the manner specified by the Superintendent of Public Instruction for purposes of this section, a school district, educational service center, or county MR/DD board may apply to the Superintendent for a waiver to use funds paid during fiscal year 2006 under appropriation item 200-503, Bus Purchase Allowance, to purchase fuel for school buses. The Superintendent shall require the school district, educational service center, or county MR/DD board to report to the Superintendent by December 31, 2005, its total expenditures for fuel for buses in fiscal year 2005 and its estimated expenditures for fuel for buses in fiscal year 2006. The Superintendent may grant a waiver to a school district, educational service center, or county MR/DD board only if the following conditions are met: 

"(1) The district, service center, or county MR/DD board demonstrates to the Superintendent's satisfaction that it has a sufficient supply of buses or contracted bus service to meet its pupil transportation obligations for fiscal year 2006 without spending all or part of its allocation of funds under appropriation item 200-503, Bus Purchase Allowance. 

"(2) The district's, service center's, or county MR/DD board's estimate of expenditures for fuel for buses in fiscal year 2006 is higher than its expenditures for fuel for buses in fiscal year 2005. 

"The Superintendent shall prescribe in the waiver the portion of those funds allocated to the school district, service center, or county MR/DD board under appropriation item 200-503, Bus Purchase Allowance, that may be used for purchasing fuel for buses, which portion shall not exceed the difference between the estimated expenditures for fuel for buses in fiscal year 2006 and the expenditures for fuel for buses in fiscal year 2005. 

"(C) Not later than July 31, 2006, each school district, educational service center, and county MR/DD board that receives a waiver under this section shall report to the Superintendent of Public Instruction its actual expenditures to purchase fuel for school buses in fiscal year 2006. If the Superintendent determines that the district, service center, or county MR/DD board did not spend all of the funds from appropriation item 200-503, Bus Purchase Allowance, prescribed in the waiver to purchase fuel for buses, the district, service center, or county MR/DD board shall allocate the remainder of those funds for school bus purchases in fiscal year 2007. 

"(D) The Office of Pupil Transportation within the Department of Education may audit school districts, educational service centers, and county MR/DD boards that apply for waivers to ensure the accuracy of the data reported under this section. If the Office finds that a district, service center, or county MR/DD board has reported data inaccurately, the Department shall apply division (L) of section 3301.0714 of the Revised Code to that district, service center, or county MR/DD board." 

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

The provisions of § 20 of S.B. 2 (150 v  - ) read as follows: 

SECTION 20. Section 3301.0714 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. 

 

Effect of Amendments

151 v H 137, effective October 12, 2006, corrected internal references. 

151 v H 530, effective March 30, 2006, in the second paragraph of (D)(2), inserted the exception. 

151 v H 66, effective September 29, 2005, added "or is employed by ... of the Revised Code" to the end of the next to last sentence in (D)(1). 

S.B. 2, Acts 2004, effective June 9, 2004, added (B)(2)(d). 

H.B. 95, Acts 2003, effective September 26, 2003, rewrote (M). 

H.B. 3, Acts 2003, effective August 15, 2003, inserted "the number of limited English proficient students in the district" in (B)(3)(a); added (B)(4); deleted "and shall remove all references to the code in any records retained in the district or school that pertain to any student no longer enrolled" from the end of the first sentence in the final paragraph of (D)(2); in (G)(2), substituted "(B)(1)(d)" for "(B)(1)(c)", and deleted "so that the academic achievement levels of students who are excused from taking any such test pursuant to division (C)(1) of section 3301.0711 of the Revised Code are distinguished from the academic achievement levels of students who are not so excused" from the end; and substituted "(C)(5)" for "(D)(5)" in (Q).