OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 82 Final Analysis
134th General Assembly
Click here for H.B. 82’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. Cross and Jones
Effective date: September 30, 2021
Effective Date:
Mike Niemi, Research Analyst
Allison Schoeppner, Research Analyst
SUMMARY
State report card system
 Revises the state report card system for school districts and other public schools,
beginning with the report card issued for the 2021-2022 school year, replacing the A to
F letter grade system with a “star” performance rating system.
 Requires the State Board of Education, in consultation with stakeholders and advocates,
to adopt rules by March 31, 2022, to establish the performance criteria, benchmarks,
and rating systems necessary to implement the new state report card, including the
method to assign performance ratings.
 Revises the six components used to determine an overall rating, including how they are
rated individually, how they are used to calculate the overall rating, and, in some
instances, renames them.
 Revises the performance measures that are used to determine component ratings and
eliminates separate performance ratings for those measures.
 Requires performance ratings to be presented on the state report card with rating
descriptions and prescribed graphics depicting rating scales and trends.
 Requires end-of-course exams in science, American history, and American government,
as well as certain substitute exams in those subject areas, be included in the calculations
of the performance index score for a district or school.
 Requires the Department to explore the feasibility of the value-added progress
dimension using the gain index and effect size to improve differentiation and
interpretation of the measure.
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 Eliminates students in the lowest quintile for achievement statewide as a report card
subgroup.
 Requires the Department, by September 30, 2023, to conduct a study regarding the
effectiveness and necessity of the value-added progress dimension ranking of public
schools.
 Requires the Department, by December 31, 2024, to issue a report regarding the
effectiveness of the state report card.
 Establishes a 12-member state report card committee on July 1, 2023, which must issue
a report about state report cards by June 30, 2024.
Other education provisions
EMIS reporting of all-day kindergarten
 Requires districts and schools to report through the EMIS the number of students
enrolled in all-day kindergarten.
State assessment score range
 Renames the “accelerated level of skill” range of scores on state assessments to the
“accomplished level of skill.”
Third Grade Reading Guarantee promotion score
 Requires that the promotion score used to determine whether a student may be
promoted to fourth grade under the Third Grade Reading Guarantee equal a “proficient
level of skill” by July 1, 2024.
Delay posting of community school sponsor evaluation system
 Delays the deadline for the Department to post on its website the community school
sponsor evaluation system for the 2021-2022 school year (rather than July 15, 2021, as
otherwise required under continuing law).
High school diplomas
Industry recognized credentials
 Requires the Superintendent of Public Instruction’s industry-recognized credentials and
licenses committee to assign a point value for each credential and establish the total
number of points necessary to satisfy certain high school graduation requirements.
 Requires the Department, when calculating the students who earned an industry-
recognized credential for the state report card, to include only students who earned a
credential, or group of credentials, at least equal to that total number of points.
State issued licenses
 Permits students who obtain a state-issued license for practice in a vocation that
requires an exam to use that license to qualify for an Industry-recognized Credential
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diploma seal or as a “foundational” option when using an alternative demonstration of
competency.
Nationally standardized college admissions assessments
 Permits the parent or guardian of a student beginning with the class of 2026 to choose
not to have the nationally standardized college admission assessment administered to
that student.
TABLE OF CONTENTS
STATE REPORT CARD SYSTEM ......................................................................................................... 4
State Board rules for criteria, benchmarks, and rating systems .................................................... 5
Star system to rate component and overall performance ............................................................. 5
Phased-in overall rating............................................................................................................... 6
Presentation of the performance ratings ................................................................................... 7
District and building report card notification requirements....................................................... 8
Components .................................................................................................................................... 8
Gap Closing .................................................................................................................................. 8
Gifted performance indicator................................................................................................. 9
Achievement ............................................................................................................................... 9
Reported-only data............................................................................................................... 10
Progress ..................................................................................................................................... 10
Reported-only data............................................................................................................... 10
Graduation ................................................................................................................................ 10
Reported-only data............................................................................................................... 10
Early Literacy ............................................................................................................................. 11
Reported-only data............................................................................................................... 12
College, Career, Workforce, and Military Readiness ................................................................ 12
Subject to JCARR approval .................................................................................................... 13
Reported-only data............................................................................................................... 13
Summary of component performance measures and data ......................................................... 14
Additional reported-only data ...................................................................................................... 15
Student opportunity profile ...................................................................................................... 15
Performance indicator unit ........................................................................................................... 17
Revised Code provisions contingent on report card results......................................................... 17
Other report card provisions ........................................................................................................ 22
Performance index score .......................................................................................................... 22
Assessment passage rates ......................................................................................................... 23
Students in the lowest quintile subgroup ................................................................................. 23
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Value-added progress dimension ............................................................................................. 23
Report card related studies .......................................................................................................... 23
Value-added progress dimension ranking study....................................................................... 23
Report on the effectiveness of state report cards .................................................................... 24
State report card review committee ......................................................................................... 24
EMIS reporting of all-day kindergarten ........................................................................................ 25
State assessment score range....................................................................................................... 25
Third Grade Reading Guarantee promotion score ....................................................................... 25
Delay posting of community school sponsor evaluation system ................................................. 25
High school diplomas .................................................................................................................... 26
Industry-recognized credentials ................................................................................................ 26
State-issued licenses ................................................................................................................. 26
Nationally standardized college admission assessments ............................................................. 26
DETAILED ANALYSIS
STATE REPORT CARD SYSTEM
The act revises the state report card system that measures the academic performance
of city, local, and exempted village school districts, individual school buildings operated by
districts, community schools, STEM schools, and college-preparatory boarding schools.1 It does
not affect the separate state report card systems established under continuing law for joint
vocational school districts and dropout prevention and recovery community schools.2
Beginning with the state report card issued for the 2021-2022 school year, the act
replaces the A to F letter grade system with a rating system that uses “stars” to indicate a
district’s or school’s overall performance and performance for the individual components that
are factored into the overall rating. It further changes the performance measures used to
calculate component ratings and how component ratings determine a district’s or school’s
overall rating. It also prescribes criteria regarding the presentation of the ratings and certain
new data reporting requirements that are not factored into a component’s performance
rating.3
1 R.C. 3302.03 and 3314.012. See also R.C. 3326.17 and 3328.26, neither in the act.
2 R.C. 3302.033 and 3314.017, neither in the act.
3 R.C. 3302.03(D).
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State Board rules for criteria, benchmarks, and rating systems
The act requires the State Board of Education to adopt rules by March 31, 2022, to
establish the performance criteria, benchmarks, and rating systems necessary to implement the
new state report card, including the method for the Department of Education to assign
performance ratings to components and the overall rating. In doing so, the State Board must
consult with stakeholder groups and advocates that represent parents, community members,
students, business leaders, and educators from different school typologies. The State Board
must use data from prior school years and simulations to ensure there is meaningful
differentiation among districts and schools across all performance ratings and that more than
half of all districts or schools do not earn the same performance rating in any component or
overall rating (except, as described below, for the College, Career, Workforce, and Military
Readiness component).
Prior to adopting or updating those rules, the State Board President and the Department
must conduct a public presentation before the standing committees of the House of
Representatives and the Senate that consider K-12 education legislation. The presentation must
describe the format of the report card and the performance criteria, benchmarks, and rating
system, including the method to assign performance ratings.
The act requires the Department to notify districts and schools of the changes to the
state report card by October 7, 2021.4
Star system to rate component and overall performance
Under the new star performance rating system, the Department must use the State
Board’s method to assign a district or school with a performance rating of “one star,” “two
stars,” “three stars,” “four stars,” or “five stars” for each of the following individual components
that applies to the district or school:
1. Gap Closing;
2. Achievement;
3. Progress;
4. Graduation;
5. Early Literacy; and
6. College, Career, Workforce, and Military Readiness. This component is reported only
and not rated for the 2021-2022, 2022-2023, and 2023-2024 school years. However,
beginning with the report card issued for the 2024-2025 school year, it may be rated
(see “College, Career, Workforce, and Military Readiness” below).
4 R.C. 3302.03(D)(4).
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Phased-in overall rating
The act phases in an overall rating beginning with the 2022-2023 school year. The
Department generally must use the component ratings to determine a district’s or school’s
overall rating. Unlike component ratings, however, an overall rating may be assigned in half-
-star intervals, such as “one and one-half stars,” with a maximum rating of “five stars.”5
For the 2021-2022 school year, rather than an overall rating, the act requires the
Department to use the Gap Closing, Achievement, Progress, Graduation, and Early Literacy
components to determine a method to meaningfully differentiate between districts and schools
to comply with any reporting or accountability provisions prescribed under state and federal
law. It expressly permits the Department to calculate an overall grade or overall performance
rating for a district or school for the 2021-2022 school year in order to:
1. Identify schools for comprehensive, targeted, or additional targeted support and
improvement in accordance with federal law and Ohio’s request, as approved by the
U.S. Department of Education, to delay such identification until fall 2022 using
performance data from the 2021-2022 school year; and
2. Calculate the academic performance component and the overall rating for each
community school sponsor required to be evaluated for the 2021-2022 school year
under continuing law.6
For the 2022-2023 and 2023-2024 school years, the Department must use performance
ratings for the Gap Closing, Achievement, Progress, Graduation, and Early Literacy components
to calculate a district’s or school’s overall rating. The College, Career, Workforce, and Military
Readiness component is not factored into the overall rating for those years. In calculating the
rating, Achievement and Progress must be given the same weight, and Gap Closing, Graduation,
and Early Literacy must be weighted equally. The individual weights of Gap Closing, Graduation,
and Early literacy al