REPRESENTATIVES Husted, Clancy, Peterson, Raga, DeWine, Goodman, DePiero, G. Smith, Ogg, Jerse, White, Schaffer, Willamowski, Schmidt, Gilb, Setzer, Webster, Barrett, Williams, Key, Faber, Allen, Woodard, Calvert, Grendell, Flowers, Buehrer, Reidelbach, Lendrum, Hagan, Womer Benjamin, Schneider, Niehaus, Aslanides, Coates, Blasdel, Collier, Latta, Seitz, Widowfield

To amend sections 3313.533, 3319.26, 3319.31, and

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3319.51 and to enact sections 3319.227 and 3319.302

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of the Revised Code to permit school districts that

3

establish certain alternative schools to contract

4

with nonprofit or for profit entities to operate

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those schools, to provide additional standards for

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alternative schools operated by nonprofit or for

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profit entities, to change the grade levels for

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which the alternative educator license may be

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issued, to require the State Board of Education to

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issue a one-year conditional teaching permit for

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individuals intending to seek an alternative

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educator license, to permit an individual holding

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an educator license or certificate to teach in an

14

area or grade level different from the individual's

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licensed or certificated area or grade level for

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two years under certain conditions, and to declare

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an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3313.533, 3319.26, 3319.31, and	19
3319.51 be amended and sections 3319.227 and 3319.302 of the	20
Revised Code be enacted to read as follows:	21

Sec. 3313.533.  (A) The board of education of a city,	22
exempted village, or local school district may adopt a resolution	23
to establish and maintain an alternative school in accordance with	24
this section. The resolution shall specify, but not necessarily	25
be limited to, all of the following:	26

(1) The purpose of the school, which purpose shall be to	27
serve students who are on suspension, who are having truancy	28
problems, who are experiencing academic failure, who have a	29
history of class disruption, or who are exhibiting other academic	30
or behavioral problems specified in the resolution;	31

(2) The grades served by the school, which may include any	32
of grades kindergarten through twelve;	33

(3) A requirement that the school be operated in accordance	34
with this section. The board of education adopting the resolution	35
under division (A) of this section shall be the governing board of	36
the alternative school. The board shall develop and implement a	37
plan for the school in accordance with the resolution establishing	38
the school and in accordance with this section. Each plan shall	39
include, but not necessarily be limited to, all of the following:	40

(a) Specification of the reasons for which students will be	41
accepted for assignment to the school and any criteria for	42
admission that are to be used by the board to approve or	43
disapprove the assignment of students to the school;	44

(b) Specification of the criteria and procedures that will	45
be used for returning students who have been assigned to the	46
school back to the regular education program of the district;	47

(c) An evaluation plan for assessing the effectiveness of	48
the school and its educational program and reporting the results	49
of the evaluation to the public.	50

(B) Notwithstanding any provision of Title XXXIII of the	51
Revised Code to the contrary, the alternative school plan may	52
include any of the following:	53

(1) A requirement that on each school day students must	54
attend school or participate in other programs specified in the	55
plan or by the chief administrative officer of the school for a	56
period equal to the minimum school day set by the state board of	57
education under section 3313.48 of the Revised Code plus any	58
additional time required in the plan or by the chief	59
administrative officer;	60

(2) Restrictions on student participation in extracurricular	61
or interscholastic activities;	62

(3) A requirement that students wear uniforms prescribed by	63
the district board of education.	64

(C) In accordance with the alternative school plan, the	65
district board of education may employ teachers and nonteaching	66
employees necessary to carry out its duties and fulfill its	67
responsibilities or may contract with a nonprofit or for profit	68
entity to operate the alternative school, including the provision	69
of personnel, supplies, equipment, or facilities.	70

(D) An alternative school may be established in all or part	71
of a school building.	72

(E) If a district board of education elects under this	73
section, or is required by section 3313.534 of the Revised Code,	74
to establish an alternative school, the district board may join	75
with the board of education of one or more other districts to form	76
a joint alternative school by forming a cooperative education	77
school district under section 3311.52 or 3311.521 of the Revised	78
Code, or a joint educational program under section 3313.842 of the	79
Revised Code. The authority to employ personnel or to contract	80
with a nonprofit or for profit entity under division (C) of this	81
section applies to any alternative school program established	82
under this division.	83

(F) Any individual employed as a teacher at an alternative	84
school operated by a nonprofit or for profit entity under this	85
section shall be licensed and shall be subject to background	86
checks, as described in section 3319.39 of the Revised Code, in	87
the same manner as an individual employed by a school district.	88

(G) Division (G) of this section applies only to any	89
alternative school that is operated by a nonprofit or for profit	90
entity under contract with the school district.	91

(1) In addition to the specifications authorized under	92
division (B) of this section, any plan adopted under that division	93
for an alternative school to which division (G) of this section	94
also applies shall include the following:	95

(a) A description of the educational program provided at	96
the alternative school, which shall include:	97

(i) Provisions for the school to be configured in clusters	98
or small learning communities;	99

(ii) Provisions for the incorporation of education	100
technology into the curriculum;	101

(iii) Provisions for accelerated learning programs in	102
reading and mathematics.	103

(b) A method to determine the reading and mathematics level	104
of each student assigned to the alternative school and a method to	105
continuously monitor each student's progress in those areas. The	106
methods employed under this division shall be aligned with the	107
curriculum adopted by the school district board of education under	108
section 3313.60 of the Revised Code.	109

(c) A plan for social services to be provided at the	110
alternative school, such as, but not limited to, counseling	111
services, psychological support services, and enrichment programs;	112

(d) A plan for a student's transition from the alternative	113
school back to a school operated by the school district.	114

(2) Notwithstanding division (A)(2) of this section, any	115
alternative school to which division (G) of this section applies	116
shall include only grades six through twelve.	117

(3) Notwithstanding anything in division (A)(3)(a) of this	118
section to the contrary, the characteristics of students who may	119
be assigned to an alternative school to which division (G) of this	120
section applies shall include only disruptive and low-performing	121
students.	122

Sec. 3319.227. Notwithstanding any provision to the	123
contrary in this chapter or in any educator licensing rule adopted	124
by the state board of education under authority granted under this	125
chapter, any individual who holds an educator license issued under	126
section 3319.22 of the Revised Code or a teacher's certificate	127
issued under former section 3319.22 of the Revised Code that has	128
continuing effect under section 3319.222 of the Revised Code may	129
be employed to teach in a grade level or in a subject or teaching	130
area for which the individual's license or certificate is not	131
valid for up to two school years, as long as the individual agrees	132
that during that time the individual will enroll in, attend, and	133
complete coursework required by rule of the state board for	134
licensure to teach in that grade level or in that subject or	135
teaching area. The necessary coursework may be completed through	136
classes developed and offered by regional professional development	137
providers, such as special education regional resource centers,	138
regional professional development centers, educational service	139
centers, local education agencies, professional organizations, and	140
institutions of higher education, provided the coursework is taken	141
for credit in collaboration with a college or university that has	142
a teacher education program approved by the state board. No	143
person shall teach in a grade level or subject or teaching area	144
under this section beyond two years until the person has completed	145
all coursework and tests prescribed by the state board for	146
licensure in that grade level or subject or teaching area.	147

Sec. 3319.26.  The state board of education shall adopt rules	149
establishing the standards and requirements for obtaining an	150
alternative educator license for teaching in grades seven to	151
twelve, or the equivalent, in a designatedany specified grade	152
level or subject area. The rules shall require applicants for the	153
license to hold a minimum of a baccalaureate degree, to have	154
successfully completed three semester hours or the equivalent of	155
college coursework in the developmental characteristics of	156
adolescent youthschild development and three semester hours or	157
the equivalent in teaching methods, and to have passed an	158
examination in the subject area for which application is being	159
made. An alternative educator license shall be valid for two	160
years and shall not be renewable.	161

The rules shall require the holder of an alternative educator	162
license, as a condition of continuing to hold the license, to show	163
satisfactory progress in taking and successfully completing within	164
two years at least twelve additional semester hours, or the	165
equivalent, of college coursework in the principles and practices	166
of teaching in such topics as student development and learning,	167
pupil assessment procedures, curriculum development, classroom	168
management, and teaching methodology.	169

The rules shall provide for the granting of a provisional	170
educator license to a holder of an alternative educator license	171
upon successfully completing all of the following:	172

(A) Two years of teaching under the alternative license;

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(B) The twelve semester hours, or the equivalent, of the	174
additional college coursework described in this section;	175

(C) The assessment of subject matter content and	176
professional knowledge that is required of other applicants for a	177
provisional educator license. The standards for successfully	178
completing this assessment and the manner of conducting the	179
assessment shall be the same as for any other applicant for a	180
provisional educator license.	181

Sec. 3319.302. It is the intent of the general assembly that	182
the state board of education shall administer this section without	183
adopting any rules for its implementation.	184

Unless the provisions of division (B) or (C) of section	185
3319.31 of the Revised Code apply to an applicant, the state board	186
of education shall issue a one-year conditional teaching permit	187
to any applicant who meets the following conditions:	188

(A) Holds a bachelor's degree;

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(B) Has successfully completed a basic skills test as	190
prescribed by the state board;	191

(C) Has completed either as part of the applicant's degree	192
program or separate from it the equivalent of at least fifteen	193
semester hours of coursework in the teaching area or subject area	194
in which licensure under this section is sought;	195

(D) Has completed the equivalent of a total of six semester	196
hours of additional coursework in the areas of the teaching or	197
subject area described in division (C) of this section,	198
characteristics of student learning, diversity of learners,	199
planning for instruction, instruction strategies, learning	200
environments, communication, assessment, or student support. The	201
coursework may have been completed through classes developed and	202
offered by regional professional development providers, such as	203
special education regional resource centers, regional professional	204
development centers, educational service centers, local	205
educational agencies, professional organizations, and institutions	206
of higher education, provided the coursework is taken for credit	207
in collaboration with a college or university that has a teacher	208
education program approved by the state board.	209

(E) The applicant has entered into a written agreement with	210
the school district; community school; or nonprofit or for profit	211
entity operating an alternative school under section 3313.533 of	212
the Revised Code that will employ the applicant and the department	213
of education under which the district, school, or entity will	214
provide for the applicant a structured mentoring program in the	215
areas listed in division (D) of this section that is aligned with	216
the performance expectations prescribed by state board rule for	217
entry-year teachers.	218

(F) The applicant agrees to complete while employed under	219
the one-year teaching permit the equivalent of an additional three	220
semester hours of coursework in the teaching area or subject area	221
in which the individual is teaching and for which the individual	222
will seek an alternative educator license pursuant to division (G)	223
of this section. The individual's mentor prescribed in division	224
(E) of this section shall assist the individual in selecting	225
coursework to satisfy the requirement prescribed in this division.	226
The coursework may be completed through classes offered by	227
regional professional development providers, such as special	228
education regional resource centers, regional professional	229
development centers, educational service centers, local	230
educational agencies, professional organizations, and institutions	231
of higher education, if the coursework is taken for credit in	232
collaboration with a college or university that has a teacher	233
education program approved by the state board.	234

(G) The applicant agrees to seek at the conclusion of the	235
year in which the individual is employed under the one-year	236
teaching permit issued under this section an alternative educator	237
license issued under section 3319.26 of the Revised Code in the	238
teaching area or subject area in which the individual has been	239
teaching and plans to continue to teach. The applicant shall not	240
be reemployed by the school district; community school; or	241
nonprofit or for profit entity operating an alternative school	242
under section 3313.533 of the Revised Code or be employed by	243
another such district, school, or entity unless that alternative	244
educator license is issued to the applicant prior to the beginning	245
of the next school year.	246

(H) The applicant pays the fee established under section	247
3319.51 of the Revised Code.	248

Sec. 3319.31.  (A) As used in this section and sections	249
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	250
means a certificate, license, or permit described in division (B)	251
of section 3301.071 or in section 3301.074, 3319.088, or 3319.29,	252
or 3319.302 of the Revised Code.	253

(B) For any of the following reasons, the state board of	254
education, in accordance with Chapter 119. and section 3319.311 of	255
the Revised Code, may refuse to issue a license to an applicant,	256
may limit a license it issues to an applicant, or may suspend,	257
revoke, or limit a license that has been issued to any person:	258

(1) Engaging in an immoral act, incompetence, negligence, or	259
conduct that is unbecoming to the applicant's or person's	260
position;	261

(2) A plea of guilty to, a finding of guilt by a jury or	262
court of, or a conviction of any of the following:	263

(a) A felony;

264

(b) A violation of section 2907.04 or 2907.06 or division	265
(A) or (C) of section 2907.07 of the Revised Code;	266

(c) An offense of violence;

267

(d) A theft offense, as defined in section 2913.01 of the	268
Revised Code;	269

(e) A drug abuse offense, as defined in section 2925.01 of	270
the Revised Code, that is not a minor misdemeanor;	271

(f) A violation of an ordinance of a municipal corporation	272
that is substantively comparable to an offense listed in divisions	273
(B)(2)(a) to (e) of this section.	274

(C) The state board may take action under division (B) of	275
this section on the basis of substantially comparable conduct	276
occurring in a jurisdiction outside this state or occurring before	277
a person applies for or receives any license.	278

(D) The state board may adopt rules in accordance with	279
Chapter 119. of the Revised Code to carry out this section and	280
section 3319.311 of the Revised Code.	281

Sec. 3319.51.  (A) The state board of education shall	282
annually establish the amount of the fees required to be paid	283
under division (B) of section 3301.071 and sections 3301.074,	284
3319.088, and 3319.29, and 3319.302 of the Revised Code. The	285
amount of these fees shall be such that they, along with any	286
appropriation made to the fund established under division (B) of	287
this section, will be sufficient to cover the annual estimated	288
cost of administering the sections of law listed under division	289
(B) of this section.	290

(B) There is hereby established in the state treasury the	291
state board of education licensure fund, which shall be used by	292
the state board of education solely to pay the cost of	293
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	294
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, and 3319.31 of the	295
Revised Code. The fund shall consist of the amounts paid into the	296
fund pursuant to division (B) of section 3301.071 and sections	297
3301.074, 3319.088, and 3319.29, and 3319.302 of the Revised Code	298
and any appropriations to the fund by the general assembly.	299

Section 2. That existing sections 3313.533, 3319.26, 3319.31,	300
and 3319.51 of the Revised Code are hereby repealed.	301

Section 3. This act is hereby declared to be an emergency	302
measure necessary for the immediate preservation of the public	303
peace, health, and safety. The reason for such necessity is that	304
giving immediate effect to the provisions of this act will permit	305
school district boards to take advantage of those provisions that	306
could increase the number of available persons to fill faculty	307
vacancies in time for the start of the next school year and, thus,	308
to help correct the current teacher shortage problem facing many	309
district boards. Therefore, this act shall go into immediate	310
effect.	311