Bill Text: OH HB237 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: With respect to the Common Core Initiative academic standards and the distribution of student information.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced - Dead) 2013-07-31 - To Education [HB237 Detail]
Download: Ohio-2013-HB237-Introduced.html
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Representative Thompson
Cosponsors:
Representatives Becker, Hood, Lynch, Young, Adams, J., Wachtmann, Maag, Boose, Roegner, Beck, Retherford, Perales, Sprague
| To enact section 3301.078 of the Revised Code with | 1 |
| respect to the Common Core Initiative academic | 2 |
| standards and the distribution of student | 3 |
| information. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3301.078 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 3301.078. (A) Notwithstanding any other provision of law | 7 |
| to the contrary, the state board of education shall not adopt, and | 8 |
| the department of education shall not implement, the academic | 9 |
| content standards for English language arts and mathematics | 10 |
| developed by the common core standards initiative. Nor shall the | 11 |
| state board use the partnership for assessment of readiness for | 12 |
| college and careers (PARCC), or any other assessments related to | 13 |
| or based on the common core standards, as any of the assessments | 14 |
| required under sections 3301.0710 and 3301.0712 of the Revised | 15 |
| Code. | 16 |
| Any actions taken to adopt or implement the common core state | 17 |
| standards as of the effective date of this section are void. | 18 |
| (B)(1) The state board of education is the sole authority for | 19 |
| adopting academic content standards for the state's public schools | 20 |
| and shall adopt academic content standards of its own choosing. No | 21 |
| official of this state, whether appointed or elected, shall join | 22 |
| on behalf of the state or a state agency any consortium, | 23 |
| association, or other entity when such membership would require | 24 |
| the state to cede any measure of control over education, including | 25 |
| academic content standards and assessments of such standards. | 26 |
| (2) The state board shall provide public notice of any | 27 |
| proposed adoption or revision of academic content standards on the | 28 |
| department of education's web site. The state board shall request | 29 |
| comments on the proposed changes from the general public, | 30 |
| including parents, teachers, experts on academic content | 31 |
| standards, representatives of political, educational, and | 32 |
| faith-based organizations, and nonpartisan policy institutes. | 33 |
| The state board shall not adopt or revise any statewide | 34 |
| academic content standards until the state board holds a public | 35 |
| hearing in each congressional district in the state. The state | 36 |
| board shall post notice of each hearing on the department's web | 37 |
| site and in a newspaper of general circulation in the respective | 38 |
| congressional district. | 39 |
| (C) No school district or school shall be required to use any | 40 |
| statewide academic standards adopted by the state board under | 41 |
| section 3301.079 of the Revised Code as a condition for approval | 42 |
| to operate or for receiving state funds. | 43 |
| (D) Notwithstanding sections 3301.0714 and 3301.94 of the | 44 |
| Revised Code, the superintendent of public instruction, the state | 45 |
| board, the department, or any other state entity that deals with | 46 |
| education shall not do any of the following: | 47 |
| (1) Expend any funds on construction, enhancement, or | 48 |
| expansion of any statewide longitudinal data system designed to | 49 |
| track students, or compile personally identifiable student | 50 |
| information, beyond what is necessary for basic administrative | 51 |
| needs, for academic evaluation of programs and student progress, | 52 |
| or for compliance with division (D)(5) of this section; | 53 |
| (2) Share any personally identifiable information of students | 54 |
| or teachers with any entity outside the state, except as provided | 55 |
| in division (D)(5) of this section. The prohibition of division | 56 |
| (D)(2) of this section does not apply to virtual, online, or hard | 57 |
| drive file storage hosted by third parties outside of the state. | 58 |
| (3) Share any personally identifiable information of students | 59 |
| or teachers with any entity that intends to use that information | 60 |
| to develop commercial products or services or that intends to | 61 |
| transfer the information to any other entity for use in developing | 62 |
| commercial products or services; | 63 |
| (4) Share any personally identifiable information of students | 64 |
| or teachers with any entity within the state, unless that entity | 65 |
| is an educational agency or an institution which the state | 66 |
| expressly prohibits, in writing, the agency or institution from | 67 |
| the following: | 68 |
| (a) Using the information to develop commercial products or | 69 |
| services or transferring the information to any other entity to | 70 |
| develop commercial products or services; | 71 |
| (b) Using the transfer of information for economic or | 72 |
| workforce development planning. | 73 |
| (5) Share any personally identifiable information of students | 74 |
| or teachers with the United States department of education, unless | 75 |
| all of the following apply: | 76 |
| (a) The sharing of information is required as a condition of | 77 |
| receiving a federal education grant. | 78 |
| (b) The United States department of education agrees, in | 79 |
| writing, to all of the following: | 80 |
| (i) To use the information only to evaluate the program or | 81 |
| programs funded by the grant; | 82 |
| (ii) That the information will not be used for any research | 83 |
| beyond that related to the evaluation of the program or programs | 84 |
| funded by the grant, unless the teacher or parent or guardian of | 85 |
| any student whose information will be used for the research | 86 |
| affirmatively consents to that use in writing; | 87 |
| (iii) That it will not share the information with any other | 88 |
| governmental or private entity, unless the teacher or parent or | 89 |
| guardian of any student whose information will be shared | 90 |
| affirmatively consents to that sharing in writing; | 91 |
| (iv) That it will agree to destroy the information upon | 92 |
| completion of the evaluation of the program or programs funded by | 93 |
| the grant. | 94 |
| (c) The grant or program for which the information is | 95 |
| required is authorized by federal statute or by federal rule | 96 |
| adopted under 5 U.S.C. 500 et seq. | 97 |
| (E) If the United States department of education requires as | 98 |
| a condition of a federal education grant that the grant recipient | 99 |
| provide personally identifiable information of students or | 100 |
| teachers in a way that does not comply with division (D)(5) of | 101 |
| this section, the grant recipient shall provide the teacher or | 102 |
| parent or guardian of any student whose information is required | 103 |
| with notification that includes all of the following: | 104 |
| (1) That the grant recipient has been required to turn over | 105 |
| the teacher's or student's information to the United States | 106 |
| department of education; | 107 |
| (2) That neither the grant recipient nor any other entity or | 108 |
| official within the state will have control of the use or further | 109 |
| sharing of that information; | 110 |
| (3) The contact information, including telephone number and | 111 |
| electronic mail address, of the United States department of | 112 |
| education official seeking the information. | 113 |
