Ohio Rev. Code § 3313.6034

(A) As used in this section:

(1) "Qualifying student" means a student who, on a diagnostic assessment prescribed under section 3301.079 of the Revised Code or a state assessment, demonstrates a limited level of skill in the subject area of mathematics, English language arts, or both. "Qualifying student" does not include either of the following:

(a) A student that has an individualized education program developed under Chapter 3323. of the Revised Code that includes services related to a traumatic brain injury or a significant cognitive disability, unless the student's parent or guardian and district or school have determined the services would be appropriate for the student;

(b) A student that attends a dropout prevention and recovery community school, as defined in section 3314.02 of the Revised Code.

(2) "State assessment" means either an achievement assessment prescribed under section 3301.0710 or an end-of-course examination prescribed under section 3301.0712 of the Revised Code.

(3) "Tutoring supports" means high-dosage tutoring opportunities aligned with the student's classroom instruction through a state-approved vendor on the list of high-quality tutoring vendors under section 3301.136 of the Revised Code or a locally approved opportunity that aligns with high-dosage tutoring best practices. High-dosage tutoring opportunities shall include instruction time delivered at least three days per week, or at least fifty hours over thirty-six weeks. High-dosage tutoring may be incorporated into a student's regular classroom instruction.

To the extent practicable, districts and schools shall endeavor to provide each of a student's tutoring supports with the same tutor.

(4) "Integrated student supports" means an evidence-based approach whereby schools intentionally and systematically leverage and coordinate resources and relationships available in the school and the surrounding community to address comprehensive student strengths, interests, and needs.

(B) Each school district, community school established pursuant to Chapter 3314., and STEM school established pursuant to Chapter 3326. of the Revised Code shall provide evidence-based academic intervention services, free of cost, to each qualifying student. The district or school shall provide those services directly, through a contracted vendor, or as a combination of both options. The district or school shall provide services that align with a qualifying student's assessed level of skill and provide accelerated learning and skill mastery where possible to help the student demonstrate a level of skill appropriate to the student's grade level. A district or school annually shall notify the department of education and workforce, through the education management information system established under section 3301.0714 of the Revised Code, of all of the following:

(1) The number of qualifying students enrolled in the district or school;

(2) The number of qualifying students receiving academic intervention services in mathematics, English language arts, or both;

(3) The number of qualifying students receiving academic intervention services from the district or school directly, through a vendor, or a combination of both options.

(C)(1) Academic intervention services provided to a student under this section may encompass a variety of evidence-based supports, including tutoring supports, additional instruction time, an extended school calendar, participation in a learning support program, or any other academically centered support service that the district or school determines will improve the student's academic performance. Intervention services may also be offered in combination with integrated student supports.

(2) All academic intervention services provided to a qualifying student under this section shall align with the academic instruction the student receives. Intervention services provided under division (B) of this section shall be in addition to and not a replacement for existing academic instruction and other services provided to students. All academic intervention services in English language arts shall align with the science of reading as defined in section 3313.6028 of the Revised Code.

(D) A district or school shall ensure that academic intervention services provided to a qualifying student under division (C) of this section do not supplant the student's core academic instructional time, except that in grades kindergarten through three, instruction aligned with science and social studies standards may be integrated into core mathematics and reading instruction rather than being taught in separate instructional periods.

(E)(1) A district or school shall notify the parent or guardian of a qualifying student that the student will receive academic intervention services prior to providing services to the student. Notification shall include a description of which intervention or interventions the qualifying student will receive and who will provide services to the student.

(2) The district or school periodically shall update the parent or guardian on the academic intervention services provided to the qualifying student and shall provide resources and recommendations for ways the parent or guardian may assist the qualifying student.

(F)(1) Beginning with the 2027-2028 school year, and each school year thereafter, the department randomly shall identify and select individual schools operated by a school district, community schools, and STEM schools for a review of their academic intervention services for qualifying students under this section. The department shall not select more than five per cent of all schools to review each year. No school shall be selected for review more than once every three years. The review shall include, at a minimum, a document review, interviews with applicable school staff, and observations of interventions.

The review shall assess all of the following:

(a) Whether qualifying students receive academic intervention services in accordance with division (B) of this section;

(b) The types and methods of academic intervention services that qualifying students receive;

(c) The quality of the academic intervention services provided by the school or the contracted vendor. To determine quality, the department may consider the length and duration of the intervention, specific programs and curriculum being used, the credentials and training of intervention providers, and data regarding qualifying student progress.

(2) The department shall provide a report to the school containing its review of the school's academic intervention services not later than seventy-five days after the department completes the review. Each report shall include an assessment of the efficacy of the academic intervention services provided to qualifying students, along with any recommendations the department considers necessary. The school shall post a copy of the report on its web site and shall make the report available upon request to any person. The department shall include a review completed under this division as part of the student opportunity profile on the state report card under section 3302.03 of the Revised Code.

(3) The department may contract with an organization that has documented expertise in supporting school improvement and academic intervention services to help with conducting its review under division (F) of this section.

(G)(1) A student who receives academic intervention services in mathematics or English language arts under this section is no longer eligible for services under this section in that subject area when the student demonstrates a proficient level of skill in it on either a diagnostic assessment or a state assessment.

(2) If a qualifying student receiving academic intervention services in both mathematics and English language arts demonstrates a level of skill that is proficient or higher under this section in one, but not both, subject areas, the student shall continue to receive academic intervention services for the subject area in which the student has not demonstrated a proficient level of skill.

(3) Any student in any of grades nine through twelve who fails to demonstrate a level of skill that is proficient or higher on a diagnostic assessment or an end-of-course examination in mathematics or English language arts, or both, and is not required to retake the examination, continues to qualify for intervention services under this section. For such a student, the district or school shall align intervention services with the student's selected graduation pathway prescribed under section 3313.618 of the Revised Code.

(H) Nothing in this section prohibits a district or school from providing academic intervention services to a student who does not meet the definition of a qualifying student under this section.