OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 79 Bill Analysis
135th General Assembly
Click here for S.B. 79’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Reynolds
Effective date:
Holly Cantrell, Attorney
SUMMARY
 Requires a dropout prevention and recovery (DOPR) community school to administer
end-of-course exams in an online format throughout the school year based on the
needs of the student, in addition to the testing windows established under continuing
law.
 Requires the State Board of Education to consult with stakeholder groups and use data
from prior school years and simulations in establishing benchmarks and performance
levels for performance indicators on the DOPR community school report card.
 Requires the newly established Dropout Prevention and Recovery Advisory Council to
review, in collaboration with the State Board, all existing rules and guidance previously
developed or adopted by the Department of Education.
 Requires the Department to adopt any requirement imposed on a DOPR as a rule under
the Administrative Procedure Act and prohibits the Department from developing
guidelines, rather than rules, imposing requirements on a DOPR.
 Requires that any new rule related to DOPR community school requirements be
reviewed prior to adoption by the Dropout Prevention and Recovery Advisory Council.
DETAILED ANALYSIS
End-of-course exams for DOPR community schools
Under the bill, a dropout prevention and recovery (DOPR) community school must do
both of the following with regard to the administration of end-of-course exams:
March 27, 2023
Office of Research and Drafting LSC Legislative Budget Office
1. In addition to the annual testing windows established by the Superintendent of Public
Instruction, administer the exams in an online format at any time of year based on the
needs of the student;
2. Adhere to security requirements prescribed under continuing law for those exams.1
DOPR report cards
The bill requires the State Board of Education to base its rules for DOPR community
schools prescribing the expected performance levels and benchmarks for performance
indicators, in part, on simulations created by the Department of Education.2 The bill also
requires the Department to gather and analyze data from prior school years, rather than
leaving that to the Department’s discretion. It removes several requirements related to
developing the rating and report card systems, the timelines for which have passed. 3
DOPR Advisory Council
The bill establishes the DOPR Advisory Council to provide a forum for communication
and collaboration between the Department and parties involved in the establishment and
operation of DOPR community schools, including sponsors and operators.4 The Council consists
of the following members appointed by the State Board of Education:
1. Two members of the State Board;
2. One employee of the Department who works directly with DOPR community schools;
3. Seven individuals with experience in DOPR community schools, their operators, and
their sponsors that represent a diverse array of schools in terms of enrollment,
programs, learning models, and methods of instruction.
The Advisory Council is required to collaborate with the State Board to review all
existing rules and guidance previously developed or adopted by the Department imposing on a
DOPR community school.
Rules and guidelines from DOPR community schools
The bill requires the Department to adopt rules in accordance with the Administrative
Procedure Act to impose any requirement on a DOPR community school. It prohibits the
Department from developing guidelines – rather than a formally adopted rule – imposing
requirements on their general and uniform operation. Prior to adoption of any rules, the newly
created DOPR Advisory Council must review those rules. On the bill’s effective date, it voids any
1 R.C. 3301.0727.
2 R.C. 3314.017(D)(1).
3 R.C. 3314.017(G).
4 R.C. 3314.381.
P a g e |2 S.B. 79
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
guidance document previously developed by the Department that establishes general and
uniform operations for DOPRs.5
Background
Under continuing law, a dropout recovery community school is a community school in
which a majority of the students are enrolled in a dropout prevention and recovery program
that is operated by the school.6 Unlike standard community schools that receives grades based
on a star system for report card measures, DOPR community schools receive ratings of
“exceeds standards,” “meets standards,” “does not meet standards,” or “not reported.”7
DOPR schools must prepare students to meet the same requirements as students in
traditional public school districts and must administer assessments in English language arts and
mathematics twice per year to generate student growth reports. They must test all students in
grades 9-12 at regular intervals established by the Department of Education.8
HISTORY
Action Date
Introduced 03-07-23
ANSB0079IN-135/ts
5 R.C. 3314.382(B), (C), and (D).
6 R.C. 3319.301, not in bill.
7 R.C. 3314.017(D).
8Dropout Prevention and Recovery Assessments, available at education.ohio.gov.
P a g e |3 S.B. 79
As Introduced