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(A) A dropout prevention and recovery school is one to which any of the following applies:
(1) Any community school that operates a drug recovery program in cooperation with a court; or
(2) Any community school in which the majority of students are enrolled in a dropout prevention and recovery program operated by the school that meets the following criteria:
(a) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age;
(b) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs;
(c) The program requires students to attain at least the applicable score designated for each of the assessments prescribed under division (B)(1) of section 3301.0710 of the Revised Code or, to the extent prescribed by rule of the state board of education under division (D)(6) of section 3301.0712 of the Revised Code, division (B)(2) of that section;
(d) The program develops an individual career plan for the student that specifies the student's matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship;
(e) The program provides counseling and support for the student related to the plan developed under division (A)(4) of that section during the remainder of the student's high school experience; and
(f) The programs instructional plan demonstrates how the academic content standards adopted by the state board of education under section 3301.079 of the Revised Code will be taught and assessed; or
(3) Any conversion community school whose sponsoring district has received a waiver from having the schools academic data rolled up into the districts local report card because the school primarily enrolls students between sixteen and twenty-two years of age who dropped out of high school or are at risk of dropping out of high school due to poor attendance, disciplinary problems, or suspensions.
(B) Pursuant to section 3314.017 of the Revised Code, the state board of education shall prescribe an academic performance rating, benchmark and report card system for community schools that primarily serve students enrolled in dropout prevention and recovery programs as described in division (A)(4)(a) of section 3314.35 of the Revised Code, to be used in lieu of the system prescribed under sections 3302.03 and 3314.012 of the Revised Code, beginning with the 2012-2013 school year. Each such school shall comply with the testing and reporting requirements of the system as prescribed by the state board.
(C) Nothing in this rule and the academic performance rating, benchmark and report card system prescribed by the state board shall relieve a school from its obligations under the "No Child Left Behind Act of 2001" to make "adequate yearly progress" as defined in section 3302.01 of the Revised Code, or a school's amenability to the provisions of section 3302.04 or 3302.041 of the Revised Code. The department shall continue to report each school's performance as required by the act and enforce applicable sanctions under section 3302.04 or 3302.041 of the Revised Code.
(D) The academic performance rating, benchmark and report card system shall use the following performance indicators:
(1) Graduation rates for the four year student graduation cohort:
(a) A performance rating for the four year student graduation cohort of thirty-six per cent or higher means that the school earns the rating of "exceeds standards" on this indicator;
(b) A performance rating of at least eight per cent and no higher than thirty-five point nine per cent means that the school earns the rating of "meets standards" on this indicator; and
(c) A rating of less than seven-point-nine per cent means that the school receives the rating of "does not meet standards" for this indicator;
(2) Graduation rates for the five, six, seven and eight year student graduation cohorts:
(a) A performance rating of forty per cent or higher means that the school earns the rating of "exceeds standards" on these graduation rates;
(b) A performance rating of at least twelve per cent and no higher than thirty-nine point nine per cent means that the school earns the rating of "meets standards" on these graduation rates; and
(c) A rating of less than twelve per cent means that the school receives the rating of "does not meet standards" for these graduation rates.
(3) Passage rate for twelfth-grade students currently enrolled in the school who have attained the designated passing score on all of the applicable state high school achievement assessments required under division (B)(1) or (B)(2) of section 3301.0710 of the Revised Code and other students enrolled in the school, regardless of grade level, who are within three months of their twenty-second birthday and have attained the designated passing score on all of the applicable state high school achievement assessments by their twenty-second birthday:
(a) A performance rating of sixty-eight per cent or higher means that the school earns a rating of "exceeds standards";
(b) A performance rating of at least thirty-two per cent and no higher than sixty-seven point nine per cent means that the school earns a rating of "meets standards"; and
(c) A performance rating of less than thirty-two per cent means that the school receives the rating of "does not meet standards";
(4) Annual measurable objectives as defined in section 3302.01 of the Revised Code;
(a) A performance rating of thirty-six per cent or higher means that the school earns a rating of "exceeds standards";
(b) A performance rating of at least one per cent and no higher than thirty-five point nine per cent means that the school earns a rating of "meets standards"; and
(c) A performance rating of less than one per cent means that the school receives the rating of "does not meet standards";
(E) It is the intention of the state board of education to periodically review performance levels for each established benchmark as prescribed in section 3314.017 of the Revised Code and amend those benchmarks, if the data analysis warrants a revision.
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