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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3301-13 | Proficiency Tests

 
 
 
Rule
Rule 3301-13-01 | Definitions.
 

Except as otherwise specified, the definitions contained in rule 3301-7-01 of the Administrative Code and the following definitions apply to this chapter.

(A) "Alternate assessment" means an assessment aligned to alternate learning standards for students with the most significant cognitive disabilities that complies with all applicable federal and state laws and rule 3301-13-03 of the Administrative Code.

(B) "Alternative assessment" means an assessment that is comparable to the state tests in terms of alignment to Ohio's learning standards and proficiency levels.

(C) "Appeal" means a request for a verification or rescoring of a student's responses to the state tests as applicable in accordance with rule 3301-13-06 of the Administrative Code.

(D) "Breach form" means an equivalent or parallel form of a test provided by the department that may be used in lieu of the test in limited situations and within a limited time frame.

(E) "Commercial test" means a test developed by a vendor and selected by the department for a state program but not owned, developed, or copyrighted by the department.

(F) "Department" means the department of education and workforce.

(G) "Diagnostic assessment" means a test adopted by the department in accordance with division (D) of section 3301.079 of the Revised Code that is aligned with Ohio's learning standards and model curriculum, designed to measure student comprehension of academic content and mastery of related skills for a relevant subject area at each grade level, kindergarten through three.

(H) "English learner" has the same meaning as "English learner" defined in 20 U.S.C. 7801 (2015).

(I) "Individualized education program" (IEP) means a written statement for a student with a disability that is developed, reviewed, revised, and implemented in accordance with rule 3301-51-07 of the Administrative Code.

(J) "Intervention" means alternative or supplemental instruction or services commensurate with both a student's test performance and classroom performance, provided to a student who failed to attain a proficient score on any state test, or failed to demonstrate academic performance at grade level based on the results of a state test, including any intensive prevention, intervention, or remediation prescribed under section 3301.0711, 3301.0715, 3313.608, or 3313.6012 of the Revised Code that is designed to help a student meet performance standards and is be based on individual student needs.

(K) "Kindergarten readiness assessment" means the developmentally appropriate test aligned with Ohio's early learning and development standards designed to measure a child's developmental readiness for engaging with kindergarten instruction.

(L) "Ohio English language proficiency assessment" means the test aligned with Ohio standards for English language proficiency designed to measure the acquisition of English by English learners in kindergarten through grade twelve.

(M) "Ohio English language proficiency screener" means the test aligned with Ohio standards for English language proficiency designed to identify students in grades kindergarten through twelve as English learners.

(N) "Ohio graduation tests" means the achievement tests prescribed in division (B) of section 3301.0710 of the Revised Code, designed to measure a student's level of academic achievement expected at the end of the tenth grade in writing, reading, mathematics, social studies, and science.

(O) "Ohio's state tests" means the grades three to eight English language arts, mathematics, and science tests, prescribed in division (A) of section 3301.0710 of the Revised Code, and the high school end-of-course examinations prescribed in division (B) of section 3301.0712 of the Revised Code.

(P) "Participating school" means any city, exempted village, local cooperative education, or joint vocational school district; any community or chartered nonpublic school that participates in state tests; the state school for the blind; the state school for the deaf; any school operated by the departments of youth services or rehabilitation and corrections; or any entity that participates in the state tests.

(Q) "Performance standard" means a score designated by the department indicative of a particular level of academic achievement at a designated grade for each state test.

(R) "Section 504 plan" means a written statement for a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(S) "Section 504 student" means a student identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(T) "State test" means any test that is provided by the department for use in all participating schools in the state including the grades three to eight English language arts, mathematics, and science tests; high school end-of-course examinations; Ohio graduation tests; diagnostic tests; alternate assessments; Ohio English language proficiency assessment; Ohio English language proficiency screener; or the kindergarten readiness assessment.

(U) "Student with a disability" refers either to a student receiving special education services under Chapter 3323. of the Revised Code in accordance with an individualized education program (IEP) developed pursuant to section 3323.011 of the Revised Code, or to a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015).

(V) "Summer test administration period" means the test administration period designated by the director of education and workforce during which the third grade English language arts assessment prescribed under division (A) of section 3301.0710 of the Revised Code may be administered to an individual who has not yet attained at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code and any test prescribed for high school graduation under section 3301.0710 or 3301.0712 of the Revised Code may be administered to any individual who has not yet met all the conditions prescribed in order to qualify for a high school diploma.

(W) "Test administration period" means the dates specified by the director of education and workforce for the administration of any state test in accordance with rule 3301-13-02 of the Administrative Code.

(X) "Test materials" means materials that are considered part of a test, including, but not limited to, oral or written directions, test booklets, test questions, answer documents, reading passages, writing prompts or styles, charts, graphs, maps, and tables, whether in digital or physical form, and does not include materials that are considered part of a commercial test.

Last updated May 14, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3301.07, 3301.0710
Amplifies: 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 5/12/2029
Prior Effective Dates: 6/8/1996, 8/10/2000, 12/21/2007
Rule 3301-13-02 | Administering state tests at the designated grades.
 

(A) Each participating school will administer the state tests to all students in the designated grade levels who are not specifically excused in accordance with the Ohio Revised Code or the Administrative Code as follows:

(1) Administer the third-grade English language arts test on any day of the test administration period designated by the director of education and workforce, in accordance with section 3301.0710 of the Revised Code as follows:

(a) The fall test administration period each school year is not to exceed five consecutive school days, including the make-up testing period; and

(b) The summer test administration period each school year is optional and is not to exceed five consecutive school days. Intervention is optional.

(2) Administer the following state tests once annually in the spring with the test administration period designated by the director of education and workforce in accordance with section 3301.0710 of the Revised Code, which is not to exceed fifteen consecutive school days, including the make-up testing period. The participating school may schedule the test in any order on any day of the test administration period for each of the following state tests:

(a) The third-grade tests in English language arts and mathematics;

(b) The fourth-grade tests in English language arts and mathematics;

(c) The fifth-grade tests in English language arts, mathematics and science;

(d) The sixth-grade tests in English language arts and mathematics;

(e) The seventh-grade tests in English language arts and mathematics; and

(f) The eighth-grade tests in English language arts, mathematics and science.

(3) Administer the high school end-of-course examinations as follows:

(a) Administer the high school end-of-course examinations to students who first enrolled in grade nine on or after July 1, 2014 in any order on any day of the test administration period designated by the director of education and workforce as follows:

(i) The fall test administration period each school year is not to exceed fifteen consecutive school days, including make-up testing;

(ii) The spring test administration period each school year is not to exceed fifteen consecutive school days, including make-up testing; and

(iii) The summer test administration period is optional and is not to exceed ten consecutive school days. Intervention is optional.

(b) Administer the high school end-of-course examinations in place of the Ohio graduation tests to students who entered ninth grade for the first time prior to July 1, 2014, in accordance with paragraph (A)(3)(a) of this rule. The Ohio graduation tests will not be administered after September 1, 2022.

(c) If the participating school is a dropout recovery community school as defined in section 3319.301 of the Revised Code, in addition to the annual testing windows established by the director of education and workforce under division (C) of section 3301.0710 of the Revised Code and paragraph (A)(3)(a) of this rule, administer the high school end-of-course examinations to students enrolled in the dropout recovery community school in any order on any day of the extended fall and spring test administration periods and summer test administration period established by the director of education and workforce in accordance with division (C) of section 3301.0727 of the Revised Code.

(4) Administer annually the alternate assessment at all grade levels and content areas to students with the most significant cognitive disabilities. The director of education and workforce will designate the test administration period for the administration of the alternate assessment.

(5) Administer within thirty days of enrollment the Ohio English language proficiency screener to potential English learners in grades kindergarten through twelve.

(6) Administer annually the Ohio English language proficiency assessment to English learners in grades kindergarten through twelve. The director of education and workforce will designate the test administration period for the administration of the Ohio English language proficiency assessment.

(7) Administer annually the alternate Ohio English language proficiency assessment to English learners with the most significant cognitive disabilities in grades kindergarten through twelve. The director of education and workforce will designate the test administration period for the administration of the alternate Ohio English language proficiency assessment.

(B) All students will take all state tests appropriate for their specified grade level during the designated test administration unless a student is excused from taking a test for one of the following reasons:

(1) A student scored at the proficient level on the English language arts test in grade three during the fall test administration period and a participating school has determined that is not mandatory for the student to take that test again during the spring administration. This does not, however, prevent a student from taking the grade three English language arts test in the spring if the student and/or parent requests the student to participate in the test;

(2) A student is properly authorized to take an alternate assessment pursuant to section 3301.0711 of the Revised Code and rule 3301-13-03 or 3301-13-09 of the Administrative Code;

(3) A student has a serious medical emergency caused by circumstances beyond the participating school's control pursuant to section 3301.0711 of the Revised Code; or

(4) A student is enrolled in a subject-area accelerated program in a participating school and is taking a course in high school at an accelerated grade level.

Any student in grades three through eight who was retained in the same grade level from one school year to the next school year will take the state tests as specified in this rule for the grade level in which the student currently is enrolled, regardless of any score previously received by a student on any such test during a prior school year.

(C) Breach forms provided by the department may be administered at the sole discretion of the department in a limited number of situations. The following is a list of situations of test security violations or administration irregularities that warrant the use of a breach form:

(1) When a participating school receives test materials which are clearly flawed, damaged, missing key information or content; or otherwise contain errors that prevent a valid administration of said tests in that participating school.

(2) When a disruptive or extraordinary event interrupts and prevents a valid administration of a test at a participating school.

(3) If a student or students at a participating school compromise the security of a test prior to or during the administration of a test, and subsequently prevent a valid administration of a test at the participating school as a result of that security compromise.

(4) If any district employee or other individual compromises the security of a test prior to or during the administration of a test; and subsequently prevents a valid administration of a test at the participating school as a result of that security compromise.

(5) Any other situation in which the use of a breach form is appropriate, as determined by the department on a case-by-case basis.

(D) Breach forms of the state tests for grades three through eight or high school end-of-course examinations may be administered to a single student or all students within a participating school within a grade level or to large subgroups of students within a grade level at a participating school.

(E) Test score results from the administration of a breach test form will be reported to the district and participating school at the individual, group and school level as deemed appropriate by the department.

(F) The procedure for using the breach form of a test is as follows:

(1) The school district or participating school will report orally, followed up by a written report, the test security violation or incident to the department within twenty-four hours of the occurrence of the irregularity at the participating school, or as soon as the district becomes aware of the occurrence of the irregularity at the participating school. The report will be filed with the department within two business days of the incident for the breach form to be a viable option;

(2) The school district or participating school will submit to the department in writing a list of students who will have their scores invalidated for the content area for which the breach form is being used, the content area being invalidated, and the reason for the invalidation. The list will include all the relevant student information including their names or unique state identification code, and the school and district IRNs. Chartered nonpublic schools may substitute the student identification code for the state identification code for those students who are not obligated to have a state identification code;

(3) The department will notify the testing contractor of the need for the breach form and direct the testing contractor to make available the appropriate number of breach test forms and materials to the district test coordinator or district designee;

(4) The participating school will administer the breach form in accordance with all test administration procedures established by the department;

(5) The breach test form administration will occur within two weeks of the end of all scheduled test administration windows for the grades three through eight English language arts, mathematics, and science tests, and the high school end-of-course examinations; and

(6) All tests and test materials will be returned to the site designated by the department.

(G) No breach form will be administered for the following:

(1) The fall administration of the third grade English language arts test;

(2) The summer administration of the third grade English language arts test;

(3) The spring administration of the alternate assessment;

(4) The spring administration of the Ohio English language proficiency assessment;

(5) The spring administration of the alternate Ohio English language proficiency assessment;

(6) Any administration of the high school end-of-course examinations except for the regular fall and spring test administration periods; and

(7) Any student involved in a potential cheating case, regardless of test administration period or test in question.

(H) In the event that a test security violation or test irregularity occurs in accordance with this rule, the cost of administering the breach tests will be determined in a manner specified by the department.

(I) To facilitate the test administration at each grade, each school district and participating school will annually appoint one named person in a school district and one person in each building, as the case may be, as a test coordinator whose duties are to ensure that all test administration and test security provisions included in Chapters 3301-13 and 3301-7 of the Administrative Code and all testing procedures adopted by the department and by a participating school are followed explicitly by all appropriate staff. In addition, each participating school will appoint enough test administrators and monitors to satisfy the provisions of this rule.

(J) During each test administration, all tests will be administered by each participating school in accordance with the following provisions:

(1) All online and paper test questions and all other test materials are considered secure and subject to the provisions of rule 3301-13-05 of the Administrative Code and section 3319.151 of the Revised Code;

(2) All test administration rooms will be selected such that test security provisions can be ensured while student comfort is maximized;

(3) Except for accommodations made in accordance with rule 3301-13-03 of the Administrative Code, only materials specifically designated by the department will be provided to students and/or permitted in the test administration room during testing;

(4) Each test administration period in each testing room will be conducted by a test administrator. A person is qualified to serve as a test administrator if:

(a) The person is a staff member employed by the participating school;

(b) The staff member holds a current license, certificate, permit, or registration issued by the state board of education, or is certificated under sections 3301.071 and 3319.22 of the Revised Code and Chapters 3301-23, 3301-24, and 3301-25 of the Administrative Code;

(c) The staff member is assigned to that testing room as the test administrator by the participating school; and

(d) The staff member is responsible for following explicitly the online and paper test administration directions provided by the department, including all test security provisions included in Chapter 3301-13 and rule 3301-7-01 of the Administrative Code and all testing procedures adopted by the department and established by the participating school.

(5) When the number of students taking any test in an assigned testing room exceeds thirty, additional staff and/or adult volunteers will be assigned as test monitors to that room to ensure that the ratio does not exceed thirty students to one test administrator/monitor at any time in any test administration room. In such cases, the test monitor is not subject to the criteria stated in paragraph (J)(4) of this rule. A student is not permitted to serve as a test monitor; and

(6) The test administrator and all test monitors assigned to a testing room will be informed of, and agree to follow, all prescribed test administration and test security provisions. Test administrators and test monitors will remain in the assigned testing room during the entire administration of any test to assure that security is maintained.

(K) Upon receipt of a written request by a school district superintendent, head administrator, or designee with evidence that a participating school has experienced an emergency interruption of the school schedule by events beyond the control of the school that will not permit the designated test administration period stated in this rule, the director of education and workforce may approve a modified testing schedule that permits testing to be completed in accordance with the provisions of this chapter.

(L) In addition to section 3301.0714 of the Revised Code and Chapter 3301-14 of the Administrative Code, each participating school will keep records for each student including the following:

(1) A unique state student identification code or a student data verification code in accordance with division (D)(2) of section 3301.0714 of the Revised Code;

(2) A list or designation of which state tests the student is obligated to take for each test administration period and which tests are not taken for each test administration period;

(3) The score and performance level for each state test taken;

(4) If intervention is to be provided; and

(5) An indication the student has met all of the conditions prescribed in order to qualify for a high school diploma.

(M) When a student who has taken tests administered pursuant to this rule in a participating school leaves that school to enroll in another participating school, the previously attended school will provide, immediately upon request by a school official from the enrolling school, all applicable records specified in paragraph (L) of this rule.

(N) Any school district, community school, or chartered nonpublic school with territory in a joint vocational school district may enter into an agreement with the joint vocational school district for the joint vocational school district to administer any test prescribed in this rule provided that any such test administration is conducted in accordance with the provisions of this chapter and under the direction of the school district and building testing coordinators. For any student who enrolls at a joint vocational school, the school previously attended will provide up-to-date records, as specified in paragraph (L) of this rule, to the joint vocational school. For any student who takes tests prescribed for graduation at a joint vocational school, that joint vocational school will provide such records, as specified in paragraph (L) of this rule to the high school from which the student will receive a diploma.

(O) Each joint vocational school district will administer the state tests under the direction of the school district and building test coordinators identified in accordance with this rule.

(P) Any correctional or penal institution that maintains a chartered high school serving residents or nonresidents will administer state tests in accordance with this chapter of the Administrative Code.

(Q) Any student who, while not obligated to participate in the system of assessments administered under divisions (B)(1) and (B)(2) of section 3301.0712 of the Revised Code, elects to participate in the system of assessments in accordance with division (E)(1) of that section will take the tests under the same rules and procedures as students enrolled in the participating school. The tests will be administered under the same rules and procedures as students enrolled in the participating school.

Last updated May 14, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3301.07, 3301.0710, 3301.0711
Amplifies: 3301.0710, 3301.0711, 3301.0712, 3301.0731, 3313.61
Five Year Review Date: 5/12/2029
Prior Effective Dates: 4/19/1994, 6/25/2009, 1/26/2013
Rule 3301-13-03 | Establishing provisions for the participation of students with disabilities in state tests administered at the designated grades.
 

(A) Each participating school will adopt a policy and establish procedures regarding the participation of students with disabilities in the state tests. Such policy and procedures will be consistent with this rule.

(B) Each excusal made in accordance with this rule, and the reason for the excusal, will be made in a student with a disability's IEP , or documented in writing for a section 504 student. The reasons for the excusal will include a statement of why the child cannot participate in the general education test and why the alternate assessment method is appropriate for the student.

(C) Any student excused from taking a state test pursuant to this rule who nevertheless takes and meets at least the proficient level of performance on said test may be credited on the student's transcript with meeting the minimum performance standard on the test if each accommodation provided meets the criteria provided in this rule.

(D) A student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administrative Code, will include in the IEP of each student with a disability , or a participating school will document in writing for any section 504 student , what specific accommodation(s), if any, will be provided when a student takes any state test . Any student with a disability who is obligated to take a state test may be provided any accommodation that meets the following criteria:

(1) The accommodation is specified in the student's IEP or section 504 plan and is provided for classroom and district tests;

(2) The accommodation does not change the content or structure of a test;

(3) The accommodation does not change what type of knowledge or skill that a test is intended to measure; and

(4) The accommodation does not change or enhance a student's response as to what type of knowledge or skill is intended to be assessed, but it facilitates how the response is provided or accessed.

(E) Any student with a disability who is excused from taking a state test in accordance with section 3301.0711 of the Revised Code and this rule, and who instead takes an alternate assessment, may be provided accommodations that either meet or do not meet the criteria in this rule, unless specifically provided by the department, depending upon the individual needs of a student as determined by the student's IEP team.

(F) Any student with a disability who otherwise has completed an IEP program but has not received a diploma due to not having passed any state test may take any test prescribed for high school graduation anytime it is administered in any district as set forth in section 3313.611 of the Revised Code.

Last updated May 14, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3301.07, 3301.0710, 3301.0711
Amplifies: 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 5/12/2029
Prior Effective Dates: 12/21/2007
Rule 3301-13-04 | Establishing provisions for a waiver by the superintendent of public instruction.
 

(A) In accordance with sections 3314.08 and 3317.03 of the Revised Code, for each year that assessments are administered pursuant to the provisions of this chapter, a school district and/or community school superintendent, head administrator or designee shall, by the first reporting deadline in division (A) of section 3317.03 of the Revised Code of the following school year, submit to the superintendent of public instruction in the manner specified by the department of education any request for a waiver for any such school with a student in its average daily membership who, in that school year, did not take one or more of the assessments as required by rule 3301-13-02 of the Administrative Code.

(B) The superintendent of public instruction may grant a waiver for such an individual for good cause shown, such as a medical condition attested to have prevented the student from taking one or more assessments during any test administration period.

(C) The provisions of this rule shall not be interpreted to mean that any student for whom a waiver is granted is exempt from the assessment provisions of this chapter. Each district and community school is accountable for all such students in accordance with section 3302.03 of the Revised Code.

Last updated November 1, 2024 at 3:37 PM

Supplemental Information

Authorized By: 3301.07, 3301.0710, 3301.0711, 3314.08, 3317.03
Amplifies: 3301.0710, 3301.0711, 3301.0712, 3314.08, 3317.03
Five Year Review Date: 11/5/2025
Rule 3301-13-05 | Establishing security and security investigation provisions for tests.
 

(A) All test questions and all other test materials, are considered secure test materials and subject to the provisions of sections 3319.151 and 3319.99 of the Revised Code and to the provisions of this rule.

(B) The test materials that are specifically designated as "practice tests" and any assessment released by the department as a public record in accordance with section 3301.0711 of the Revised Code and this rule are not considered secure.

(C) Each person designated as a test coordinator for a participating school, in accordance with rule 3301-13-02 of the Administrative Code, is responsible for:

(1) Ensuring that all test security provisions are complied with while test materials remain in a participating school;

(2) Ensuring that all test security provisions are complied with during the administration of each test administration session, including makeup sessions; and

(3) Accounting for all test materials, including booklets by serial number and answer documents.

(D) No person will reveal, cause to be revealed, release, cause to be released, reproduce, or cause to be reproduced any secure test materials through any means or medium including, but not limited to, electronic, photographic, photocopy, written, paraphrase, or oral.

(E) No unauthorized person is permitted to be in a test room during any test administration session or have access to any secure test materials at any time such materials are in a participating school.

(F) Each participating school will establish written procedures to protect the security of the paper test materials that include, but are not limited to, the following:

(1) Specification of district procedures for handling, tracking, and maintaining security of test materials from the time and point of receipt in a participating school until the time and point of shipping to the scoring contractor;

(2) Specification of procedures for handling, tracking, and maintaining security of test materials at a site before, during, and after a test administration, including, but not limited to, procedures for accounting for and storing test booklets, answer documents, and all other test materials in a secure location before, during, after, and between test administration sessions;

(3) Specification of building procedures for handling, tracking, and maintaining security of the test materials from the time and point of receipt in a building prior to testing until after the test administration when the test materials are returned to the district's central collection location;

(4) A provision mandating the shipping and return of all scorable used test booklets, secure answer documents, and any other materials specified by the department to the specified location not later than one business day after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider; and

(5) A provision mandating the shipping and return of all nonscorable used and unused test booklets, unused secure answer documents, and any other materials specified by the department to the specified location not later than seven calendar days after the completion of a test administration period in accordance with the directions provided by the designated scoring service provider.

(G) Each participating school will establish written procedures to protect the security of the online and paper tests that include, but are not limited to, the following:

(1) Identification of each person by name with a designated title as being either a test coordinator, test administrator, monitor, translator, or scribe who is authorized to be present in a test room during a test administration session, including a makeup session, and/or who is authorized to have access to the test materials;

(2) Specification of a procedure for investigating any alleged violation of a test security provision or any alleged unethical testing practice, including ensuring due process for any individual accused;

(3) Specifications of a procedure for determining an action or actions to be taken in response to any confirmed violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, this rule, or the school's test security procedures, including, but not limited to, cheating by a student, anyone assisting a student to cheat, and/or anyone compromising a student's test;

(4) Specification of a procedure for determining whether to invalidate a student's test in response to a test security violation caused either by a student and/or by any other person; and

(5) Specification of how the written procedures will be communicated in writing and discussed each school year with employees who have access to secure test materials, students enrolled in the participating school who are being tested, and with any other person authorized to be present in a test room and/or have access to any secure test materials.

(H) Each participating school will report any alleged test security violation to the department in accordance with the procedures specified by the department as soon as it becomes known to the participating school.

(1) Upon receipt of information about an alleged test security violation, the department will contact the participating school to request the opening of an investigation. After the initial contact, the department will notify the participating school in writing that a case has been opened for an alleged test security violation.

(2) Within ten calendar days after the completion of the participating school's investigation, the participating school will file a written report with the department containing the following:

(a) The names, positions, and titles of all persons believed to be involved in the incident;

(b) A detailed description of the incident;

(c) The interviews or testimony obtained during the investigation;

(d) A statement of evidence or a statement of lack of evidence that a test security violation occurred;

(e) The results of the investigation, including the grounds for determining the occurrence of a test security violation or lack thereof; and

(f) An explanation of any corrective or disciplinary action taken, including actions taken under authority of section 3319.151 of the Revised Code.

(3) Each participating school will ensure the cooperation of all of its employees in any investigation that is conducted by the department pursuant to any allegation or other indication that a test security violation may have occurred.

(I) By the first of October of each school year, each participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. In the event that a participating school administers a state test during a fall test administration period that occurs prior to the first of October, prior to the beginning of the applicable test administration period each school year, the participating school will communicate in writing to and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and the actions to be taken in response to any violations established pursuant to this rule. Students and staff will be reminded orally of these provisions prior to the beginning of each test administration period by a test coordinator and test administrator.

(J) Each joint vocational school district that has executed an agreement with a participating school to administer any test pursuant to rule 3301-13-02 of the Administrative Code will comply with all provisions of this rule.

(K) The provisions of this rule do not apply to commercial tests, as defined in rule 3301-13-01 of the Administrative Code. Districts and schools using commercial tests for state or local purposes are directed to follow the rules and procedures established by the commercial test provider.

Last updated May 14, 2024 at 8:39 AM

Supplemental Information

Authorized By: 3301.07, 3301.0710, 3301.0711
Amplifies: 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 5/12/2029
Prior Effective Dates: 8/10/2000
Rule 3301-13-06 | Scoring and reporting tests.
 

(A) Each participating school will ship all test materials developed by the department to one district specified central collection location within the district and from there ship the test materials to a designated scoring location in accordance with the procedures specified by the department. These procedures will include, but not be limited to, the following:

(1) The test materials for grades three through twelve will be processed at the conclusion of the regular test administration period with all completed scorable documents shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider;

(2) The test materials for the alternate assessment for grades three through twelve will be processed at the conclusion of the test administration period with all completed scorable documents shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider; and

(3) The test materials for the Ohio English language proficiency assessment for grades kindergarten through twelve will be processed at the conclusion of the administration period with all completed scorable documents shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider.

(B) After the completion of each test administration, the designated scoring service provider will send score reports to each participating school, that include, but are not limited to, the following:

(1) For the state tests, the data files and score reports will be delivered in accordance with the contracted timeline and division (G) of section 3301.0711 of the Revised Code;

(2) A data file for each student will be provided that states a score for each test taken and an indication of which performance standard the student met as adopted by the department;

(3) For each test, information about each student's performance on each standard assessed; and

(4) For each classroom where appropriate, and participating school, a summary of student performance by grade level for each test.

(C) Each school district and participating school will adopt a policy and establish procedures for releasing or permitting access to an individual student's test results. The policy and procedures will comply with section 3319.321 of the Revised Code and paragraphs (L), (M), and (N) of rule 3301-13-02 of the Administrative Code.

(D) All results from the tests will be used in accordance with rule 3301-13-02 of the Administrative Code.

(E) Within thirty days after receiving results, a participating school may appeal by submitting to the department a request for either a rescore or a test verification. The district superintendent, district test coordinator, head administrator, or designee of a participating school may appeal by submitting a timely request to the department under one of the following processes, depending on the reason for the appeal:

(1) Notwithstanding paragraph (E)(2)(a) of this rule, a rescore appeal can only be filed by the participating school for a student's constructed responses or English language arts essay items where the participating school believes that the student's score is not reflective of the student's performance in the classroom and/or on other standardized tests in the same subject.

(a) Responses approved for rescore will be scored by human readers who do not have knowledge of the original score or condition code ("initial rescore review").

(b) In cases where the initial rescore review receives the same score as the original score, the original score will be the final score. In cases where the initial rescore review receives a different score than the original score, a second human reader will review the original score and the score from the initial rescore review to resolve the differences between the two scores, and the decision made by the second human reader will be the final score.

(c) The department will work with its testing vendor to establish procedures to implement the rescore and verification process outlined in paragraphs (E)(1), (E)(2), and (E)(4) of this rule.

(d) In cases where there is no change in the score, the department's test vendor will charge the school district for the rescore, which in no event will exceed twenty-five dollars.

(2) Except for the items covered through the rescore, a test verification appeal can be filed by the participating school for those tests where the participating school believes a student tested and did not receive a score; or the participating school believes a score was incorrectly assigned to a student (paper testers only) for any of the grades three to eight English language arts, mathematics, and science tests or the high school end-of-course examinations.

(a) After review by the department's vendor, a score may be issued or corrected and in that case, the participating school has an opportunity to timely file for a rescore under paragraph (E)(1) of this rule.

(b) There is no charge for verifications.

(3) The request for a rescore or a test verification will include the name of the participating school, the school district and school IRN, the name of the student or the student's unique state identification code and grade level at the time the test was taken, the month and year of the administration of the test, the subject area of the test, and the rationale for the request. Chartered nonpublic schools may substitute the student identification code instead of the state student identification code for those students who are not obligated to have a unique state student identification code;

(4) Upon receipt of a request for a rescore or a test verification and a decision by the department, the department will notify the scoring service provider who will complete the rescoring or verification and notify the department of the results within thirty days;

(5) Within two business days after receiving results from the rescoring or verification by the scoring service provider, the department will inform the district superintendent, head administrator, or designee of the participating school of the results;

(6) No copy of a student's scorable document will be released prior to July first. After the first of July following the school year in which a test was administered, the district superintendent, head administrator, designee, and/or a student's parent or legal guardian may examine a copy of the scorable document or test in a secure setting established by mutual agreement between the department and the individual making the request;

(7) The final score of a test verification and/or rescoring of a test cannot be appealed.

Last updated May 14, 2024 at 8:39 AM

Supplemental Information

Authorized By: 3301.07, 3301.0710, 3301.0711
Amplifies: 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 5/12/2029
Prior Effective Dates: 1/26/2013
Rule 3301-13-07 | Establishing the provisions and decision procedures for the fairness sensitivity review committees.
 

(A) Each fairness sensitivity review committee will review all questions for tests prescribed under sections 3301.0710 and 3301.0712 of the Revised Code pursuant to section 3301.079 of the Revised Code.

(B) Membership of each fairness sensitivity review committee will consist of not less than twenty and not greater than thirty-five members in each of four grade level bands of tests: grades kindergarten through two, grades three through five, grades six through eight, and grades nine through twelve.

(C) Membership will be determined by the department.

(D) Membership of each fairness sensitivity review committee will represent specific groups of educators, parents, and community members as follows:

(1) Educators and/or parents of hearing impaired students; at least one and not more than four members;

(2) Educators and/or parents of visually impaired students; at least one and not more than four members;

(3) Educators and/or parents of English learners; at least one and not more than four members;

(4) Educators and/or parents of other students with disabilities; at least one and not more than four members;

(5) Educators and/or parents of gifted students; at least one and not more than four members;

(6) Parents of students in each grade band; at least two and not more than five members;

(7) Educators, parents, and/or community members who represent various groups that ensure a culturally diverse representation; at least three and not more than five;

(8) Educators and/or parents who represent all types of schools in Ohio; public, community schools, and nonpublic schools for that grade band;

(9) All regions of the state of Ohio are represented in the overall committee membership; and

(10) A balance of gender, and ethnicity is represented in the overall committee membership.

(E) The length of membership for each committee member will be limited to five years.

(F) The review will include, for each question reviewed, an evaluation of the following criteria to ensure that:

(1) Test questions do not promote or inquire as to individual moral or social values or beliefs;

(2) Test questions do not disadvantage groups of students because of their race, ethnicity, gender or disability;

(3) Diverse cultures are represented in tests and that material used neither offends nor stereotypes any student group;

(4) Test questions do not reflect an improper balance among gender, racial or ethnic groups;

(5) Test illustrations do not reflect an imbalance of physical types and do not avoid evidence of physical disability;

(6) Test questions do not contain materials understood only by specific cultural groups;

(7) Test questions do not use language that is interpreted differently by members of different groups of students;

(8) Test questions are not offensive or emotionally disturbing to a group of students;

(9) Test questions do not contain directions or scoring guidelines that assist or credit responses more typical of one group of students than another; and

(10) Test question scoring guidelines do not assign the highest possible score to those students who provide more information than requested by said test question.

(G) Each fairness sensitivity review committee will review test questions, materials, and illustrations using the criteria set forth in this rule.

(H) Each fairness sensitivity review committee will not judge, rate, or reject test questions based on academic content alignment with Ohio's learning standards.

(I) Each fairness sensitivity review committee will review test questions in accordance with this rule and will judge test questions to be:

(1) Approved for use with no revisions or only minor revisions;

(2) Revised and returned to the committee for further review and consideration; or

(3) Rejected from use on tests. If items, test materials, or illustrations are rejected, the committee will note which of the specific criteria of this rule are the basis of the rejection.

Last updated May 23, 2024 at 4:20 PM

Supplemental Information

Authorized By: 3301.07, 3301.079
Amplifies: 3301.079, 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 5/12/2029
Prior Effective Dates: 12/21/2007
Rule 3301-13-09 | Provisions for an excuse from taking any assessment required for graduation for an adult with disabilities or for providing accommodations on any assessment required for graduation for an adult with disabilities, twenty-two or more years of age, and enrolled in adult high school continuation program.
 

(A) For purposes of excusing an adult student from taking any assessment required for receiving a diploma under section 3313.611 of the Revised Code, or for providing accommodations on any assessment required for graduation, the provisions of this rule shall apply only to an adult student who meets all of the eligibility criteria in this rule.

(1) The adult student is a person twenty-two or more years of age and enrolled in a program pursuant to section 3313.532 of the Revised Code; and

(2) The adult student is a person with a disability based on an evaluation completed in accordance with the requirements of this rule.

(B) An adult student who meets the criteria pursuant to paragraph (A) of this rule or any applicant to a board of education for a diploma of adult education under division (B) of section 3313.611 of the Revised Code may request the board to conduct an evaluation. Upon the request, the board of education to which the request was made shall evaluate the person to determine whether the person has a disability. The evaluation shall be conducted in accordance with paragraphs (D) and (E) of this rule.

(C) For individuals enrolled in the twenty-two plus program pursuant to Chapter 3301-45 of the Administrative Code, the evaluations and requirements referenced in this rule shall be conducted by the board of education of the student's district of residence as that is the district responsible for issuing diplomas under the twenty-two plus program.

(D) An evaluation to determine if an adult student has a disability shall be accomplished in one of the following ways:

(1) By review and acceptance of the most recent evaluation team report (ETR) and individualized education program (IEP) with assessment exemptions completed by a public agency, as defined by Chapter 3301-51 of the Administrative Code if deemed appropriate; or

(2) By completing an evaluation in accordance with the requirements set forth in 20 U.S.C. section 1400 et seq. (January 2, 2006) known as the Individuals with Disabilities Education Act, as appropriate and considering the accommodations consistent with 29 U.S.C. section 794 (January 3, 2005), known as Section 504 of the Rehabilitation Act of 1973.

Evaluations and assessment exemption determinations shall be completed and approved by the board of education within one-hundred twenty days from the date of the request made under section 3313.532 of the Revised Code.

(E) Any evaluation completed by a board of education to determine whether an adult student has a disability must include a variety of assessments and be comprehensive and multidisciplinary in nature.

(F) A board of education shall maintain written documentation of all information used to determine any disability.

Last updated October 18, 2024 at 10:02 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.0710, 3301.0711, 3313.532
Amplifies: ORC 3313.532, 3313.611, 3313.618, 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 1/24/2025
Prior Effective Dates: 12/21/2007
Rule 3301-13-10 | Standard to develop a plan for any accommodation for or an excuse from statewide tests for students with disabilities in chartered nonpublic schools.
 

(A) For those students who have an individualized services plan (ISP) developed in accordance with 34 CFR 300.138(b), any excuse from an assessment pursuant to section 3301.0711 of the Revised Code shall be made in that student's ISP.

(B) For those students who do not have an ISP, any excuse from an assessment pursuant to division (C)(1)(c)(i)(I) of section 3301.0711 of the Revised Code shall be made in a written plan developed as follows:

(1) The written plan is developed and/or reviewed annually by the chartered nonpublic school;

(2) The written plan addresses the needs of the student with regards to being excused from statewide assessments;

(3) Parents are included in the development of the written plan and must agree to the written plan;

(4) Any excuse from participation in statewide assessments must be made in accordance with the same procedures and requirements for excusals that are done through ISPs, and considering the accommodations consistent with Section 504 of the Rehabilitation Act of 1973.

(5) Any accommodation must be made in accordance with rule 3301-13-03 of the Administrative Code and must be specified in the written plan; and

(6) The chartered nonpublic school shall implement the written plan.

Last updated October 18, 2024 at 10:02 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.0710, 3301.0711
Amplifies: ORC 3301.0710, 3301.0711, 3301.0712
Five Year Review Date: 7/23/2025
Prior Effective Dates: 8/22/2002, 12/21/2007
Rule 3301-13-11 | Identification, instruction, assessment, and reclassification of English learners.
 

(A) The following definitions are used in this rule:

(1) "English learner accommodations" means adjustments to the testing conditions, test format, or test administration that provide equitable access during assessments for students who are English learners. Such accommodations result in a valid assessment and do not interfere with the validity or reliability of a student's test score.

(2) "Participating school" means:

(a) A local, exempted village, city or joint vocational school district as defined in Chapter 3311. of the Revised Code;

(b) A community school as defined in Chapter 3314. of the Revised Code;

(c) A science, technology, engineering, arts and mathematics school, or STEM school, as defined in Chapter 3326. of the Revised Code;

(d) The state school for the deaf;

(e) The state school for the blind; and

(f) Any educational service center or other public educational entity that administers the assessments prescribed under section 3301.0711 of the Revised Code.

(B) Each participating school will adopt policies and procedures regarding the identification, instruction, assessment, and reclassification of English learners in accordance with this rule.

(C) Each participating school will identify students in grades kindergarten through twelve as English learners using Ohio's standardized procedures for the identification of students who are English learners, which include Ohio's language usage survey questions and the Ohio English language proficiency screener.

(D) Each participating school will develop and implement an English language instruction educational program that prescribes the specific educational approach the participating school will provide to every English learner and is tailored to meet the needs of the participating school's particular English language learner student population. Each participating school's adopted policies and procedures for the instruction of English learners will provide for the adoption of a written English language instruction educational program handbook that addresses the key components that the participating school will provide to every English learner under the program. The program will include at least the following:

(1) Planned instruction by qualified teachers to provide language assistance services and personnel to implement the chosen English language instruction educational program effectively;

(2) Adaptations and modifications in content instruction by all teachers based on the student's English language proficiency level, the English language proficiency standards, and Ohio's learning standards;

(3) A protocol for the identification, instruction, and assessment of English learners with disabilities as defined in Chapter 3323. of the Revised Code and rules 3301-13-03, 3301-13-09, and 3301-13-10 of the Administrative Code, and English learners identified as gifted pursuant to Chapter 3324. of the Revised Code and rule 3301-15-15 of the Administrative Code; and

(4) Appropriate accommodations for English learners for assessments administered in accordance with division (C)(3) of section 3301.0711 of the Revised Code.

(E) Each participating school will annually administer the Ohio English language proficiency assessment to each English learner in accordance with the procedures approved by the department of education and workforce in order to assess that student's progress in learning English and to determine whether the student continues to meet the eligibility criteria for an English learner. The department will adopt procedures for the administration of the Ohio English language proficiency assessment to English learners.

(F) Each participating school will adopt a policy and establish procedures regarding the participation of English learners in the state tests as provided under sections 3301.0710, 3301.0711, and 3301.0712 of the Revised Code. Any English learner who takes a state test may be provided English learner accommodations.

(G) The department will adopt guidance for accommodations for English learners on state tests. At a minimum, the English learner accommodations will meet the following criteria:

(1) The accommodation does not change the content or structure of a test;

(2) The accommodation does not change what type of knowledge or skill that a test is intended to measure; and

(3) The accommodation does not change or enhance a student's response as to what type of knowledge or skill is intended to be assessed, but it facilitates how the response is provided or accessed.

(H) Each participating school will reclassify students in grades kindergarten through twelve who were previously identified as English learners using Ohio's standardized procedures for the reclassification of students who are no longer identified as English learners, which consist of the Ohio English language proficiency assessment. A student is no longer classified as an English learner when the student has attained the composite overall performance level of proficient on the Ohio English language proficiency assessment.

(I) When a student is no longer classified as an English learner, the following actions will occur:

(1) The student's record in the educational management information system will be changed to show exit from English learner status;

(2) The student will participate in state testing without English learner accommodations; and

(3) Participating schools will monitor and provide appropriate support for former English learners for at least two years following the exit date.

(a) In no case will retesting of a student's English language proficiency be precluded.

(b) If the results of the retesting qualify the student as an English learner, the participating school will re-enter the student into English learner status and offer English language development services.

(4) Participating schools will notify parents and guardians of English learners of the reidentification to English learner status.

(J) For purposes of accountability, the department will follow the process and calculation outlined in its state plan submitted under the Elementary and Secondary Education Act of 1965, 20 U.S.C. 6311 to 6339, as approved by the United States department of education, when using test results of any English learner.

Last updated November 8, 2024 at 8:20 AM

Supplemental Information

Authorized By: 3301.07, 3301.0731
Amplifies: 3301.07, 3301.0731, 3301.0711
Five Year Review Date: 10/29/2029