REPRESENTATIVES Husted, D. Miller, Clancy, Peterson, Raga, DeWine, Goodman, DePiero, G. Smith, Ogg, Jerse, White, Schaffer, Willamowski, Schmidt, Gilb, Setzer, Webster, Barrett, Williams, Key, Faber, Allen, Woodard

To amend sections 3313.533, 3319.26, 3319.31, and

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3319.51 and to enact section 3319.302 of the

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Revised Code to permit school districts that

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establish certain alternative schools to contract

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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, and to declare 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	14
3319.51 be amended and section 3319.302 of the Revised Code be	15
enacted to read as follows:	16

Sec. 3313.533.  (A) The board of education of a city,	17
exempted village, or local school district may adopt a resolution	18
to establish and maintain an alternative school in accordance with	19
this section. The resolution shall specify, but not necessarily	20
be limited to, all of the following:	21

(1) The purpose of the school, which purpose shall be to	22
serve students who are on suspension, who are having truancy	23
problems, who are experiencing academic failure, who have a	24
history of class disruption, or who are exhibiting other academic	25
or behavioral problems specified in the resolution;	26

(2) The grades served by the school, which may include any	27
of grades kindergarten through twelve;	28

(3) A requirement that the school be operated in accordance	29
with this section. The board of education adopting the resolution	30
under division (A) of this section shall be the governing board of	31
the alternative school. The board shall develop and implement a	32
plan for the school in accordance with the resolution establishing	33
the school and in accordance with this section. Each plan shall	34
include, but not necessarily be limited to, all of the following:	35

(a) Specification of the reasons for which students will be	36
accepted for assignment to the school and any criteria for	37
admission that are to be used by the board to approve or	38
disapprove the assignment of students to the school;	39

(b) Specification of the criteria and procedures that will	40
be used for returning students who have been assigned to the	41
school back to the regular education program of the district;	42

(c) An evaluation plan for assessing the effectiveness of	43
the school and its educational program and reporting the results	44
of the evaluation to the public.	45

(B) Notwithstanding any provision of Title XXXIII of the	46
Revised Code to the contrary, the alternative school plan may	47
include any of the following:	48

(1) A requirement that on each school day students must	49
attend school or participate in other programs specified in the	50
plan or by the chief administrative officer of the school for a	51
period equal to the minimum school day set by the state board of	52
education under section 3313.48 of the Revised Code plus any	53
additional time required in the plan or by the chief	54
administrative officer;	55

(2) Restrictions on student participation in extracurricular	56
or interscholastic activities;	57

(3) A requirement that students wear uniforms prescribed by	58
the district board of education.	59

(C) In accordance with the alternative school plan, the	60
district board of education may employ teachers and nonteaching	61
employees necessary to carry out its duties and fulfill its	62
responsibilities or may contract with a nonprofit or for profit	63
entity to operate the alternative school, including the provision	64
of personnel, supplies, equipment, or facilities.	65

(D) An alternative school may be established in all or part	66
of a school building.	67

(E) If a district board of education elects under this	68
section, or is required by section 3313.534 of the Revised Code,	69
to establish an alternative school, the district board may join	70
with the board of education of one or more other districts to form	71
a joint alternative school by forming a cooperative education	72
school district under section 3311.52 or 3311.521 of the Revised	73
Code, or a joint educational program under section 3313.842 of the	74
Revised Code. The authority to employ personnel or to contract	75
with a nonprofit or for profit entity under division (C) of this	76
section applies to any alternative school program established	77
under this division.	78

(F) Any individual employed as a teacher at an alternative	79
school operated by a nonprofit or for profit entity under this	80
section shall be licensed and shall be subject to background	81
checks, as described in section 3319.39 of the Revised Code, in	82
the same manner as an individual employed by a school district.	83

(G) Division (G) of this section applies only to any	84
alternative school that is operated by a nonprofit or for profit	85
entity under contract with the school district.	86

(1) In addition to the specifications authorized under	87
division (B) of this section, any plan adopted under that division	88
for an alternative school to which division (G) of this section	89
also applies shall include the following:	90

(a) A description of the educational program provided at	91
the alternative school, which shall include:	92

(i) Provisions for the school to be configured in clusters	93
or small learning communities;	94

(ii) Provisions for the incorporation of education	95
technology into the curriculum;	96

(iii) Provisions for accelerated learning programs in	97
reading and mathematics.	98

(b) A method to determine the reading and mathematics level	99
of each student assigned to the alternative school and a method to	100
continuously monitor each student's progress in those areas. The	101
methods employed under this division shall be aligned with the	102
curriculum adopted by the school district board of education under	103
section 3313.60 of the Revised Code.	104

(c) A plan for social services to be provided at the	105
alternative school, such as, but not limited to, counseling	106
services, psychological support services, and enrichment programs;	107

(d) A plan for a student's transition from the alternative	108
school back to a school operated by the school district.	109

(2) Notwithstanding division (A)(2) of this section, any	110
alternative school to which division (G) of this section applies	111
shall include only grades six through twelve.	112

(3) Notwithstanding anything in division (A)(3)(a) of this	113
section to the contrary, the characteristics of students who may	114
be assigned to an alternative school to which division (G) of this	115
section applies shall include only disruptive and low-performing	116
students.	117

Sec. 3319.26.  The state board of education shall adopt rules	118
establishing the standards and requirements for obtaining an	119
alternative educator license for teaching in grades seven to	120
twelve, or the equivalent, in a designatedany specified grade	121
level or subject area. The rules shall require applicants for the	122
license to hold a minimum of a baccalaureate degree, to have	123
successfully completed three semester hours or the equivalent of	124
college coursework in the developmental characteristics of	125
adolescent youthschild development and three semester hours or	126
the equivalent in teaching methods, and to have passed an	127
examination in the subject area for which application is being	128
made. An alternative educator license shall be valid for two	129
years and shall not be renewable.	130

The rules shall require the holder of an alternative educator	131
license, as a condition of continuing to hold the license, to show	132
satisfactory progress in taking and successfully completing within	133
two years at least twelve additional semester hours, or the	134
equivalent, of college coursework in the principles and practices	135
of teaching in such topics as student development and learning,	136
pupil assessment procedures, curriculum development, classroom	137
management, and teaching methodology.	138

The rules shall provide for the granting of a provisional	139
educator license to a holder of an alternative educator license	140
upon successfully completing all of the following:	141

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

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(B) The twelve semester hours, or the equivalent, of the	143
additional college coursework described in this section;	144

(C) The assessment of subject matter content and	145
professional knowledge that is required of other applicants for a	146
provisional educator license. The standards for successfully	147
completing this assessment and the manner of conducting the	148
assessment shall be the same as for any other applicant for a	149
provisional educator license.	150

Sec. 3319.302. It is the intent of the general assembly that	151
the state board of education shall administer this section without	152
adopting any rules for its implementation.	153

Unless the provisions of division (B) or (C) of section	154
3319.31 of the Revised Code apply to an applicant, the state board	155
of education shall issue a one-year conditional teaching permit	156
to any applicant who meets the following conditions:	157

(A) Holds a bachelor's degree;

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(B) Has successfully completed a basic skills test as	159
prescribed by the state board;	160

(C) Has completed either as part of the applicant's degree	161
program or separate from it the equivalent of at least fifteen	162
semester hours of coursework in the teaching area or subject area	163
in which licensure under this section is sought;	164

(D) Has completed the equivalent of a total of six semester	165
hours of additional coursework in the areas of the teaching or	166
subject area described in division (C) of this section,	167
characteristics of student learning, diversity of learners,	168
planning for instruction, instruction strategies, learning	169
environments, communication, assessment, or student support. The	170
coursework may have been completed through classes developed and	171
offered by regional professional development providers, such as	172
special education regional resource centers, regional professional	173
development centers, educational service centers, local	174
educational agencies, professional organizations, and institutions	175
of higher education, provided the coursework is taken for credit	176
in collaboration with a college or university that has a teacher	177
education program approved by the state board.	178

(E) The applicant has entered into a written agreement with	179
the school district; community school; or nonprofit or for profit	180
entity operating an alternative school under section 3313.533 of	181
the Revised Code that will employ the applicant and the department	182
of education under which the district, school, or entity will	183
provide for the applicant a structured mentoring program in the	184
areas listed in division (D) of this section that is aligned with	185
the performance expectations prescribed by state board rule for	186
entry-year teachers.	187

(F) The applicant agrees to complete while employed under	188
the one-year teaching permit the equivalent of an additional three	189
semester hours of coursework in the teaching area or subject area	190
in which the individual is teaching and for which the individual	191
will seek an alternative educator license pursuant to division (G)	192
of this section. The individual's mentor prescribed in division	193
(E) of this section shall assist the individual in selecting	194
coursework to satisfy the requirement prescribed in this division.	195
The coursework may be completed through classes offered by	196
regional professional development providers, such as special	197
education regional resource centers, regional professional	198
development centers, educational service centers, local	199
educational agencies, professional organizations, and institutions	200
of higher education, if the coursework is taken for credit in	201
collaboration with a college or university that has a teacher	202
education program approved by the state board.	203

(G) The applicant agrees to seek at the conclusion of the	204
year in which the individual is employed under the one-year	205
teaching permit issued under this section an alternative educator	206
license issued under section 3319.26 of the Revised Code in the	207
teaching area or subject area in which the individual has been	208
teaching and plans to continue to teach. The applicant shall not	209
be reemployed by the school district; community school; or	210
nonprofit or for profit entity operating an alternative school	211
under section 3313.533 of the Revised Code or be employed by	212
another such district, school, or entity unless that alternative	213
educator license is issued to the applicant prior to the beginning	214
of the next school year.	215

(H) The applicant pays the fee established under section	216
3319.51 of the Revised Code.	217

Sec. 3319.31.  (A) As used in this section and sections	218
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	219
means a certificate, license, or permit described in division (B)	220
of section 3301.071 or in section 3301.074, 3319.088, or 3319.29,	221
or 3319.302 of the Revised Code.	222

(B) For any of the following reasons, the state board of	223
education, in accordance with Chapter 119. and section 3319.311 of	224
the Revised Code, may refuse to issue a license to an applicant,	225
may limit a license it issues to an applicant, or may suspend,	226
revoke, or limit a license that has been issued to any person:	227

(1) Engaging in an immoral act, incompetence, negligence, or	228
conduct that is unbecoming to the applicant's or person's	229
position;	230

(2) A plea of guilty to, a finding of guilt by a jury or	231
court of, or a conviction of any of the following:	232

(a) A felony;

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(b) A violation of section 2907.04 or 2907.06 or division	234
(A) or (C) of section 2907.07 of the Revised Code;	235

(c) An offense of violence;

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(d) A theft offense, as defined in section 2913.01 of the	237
Revised Code;	238

(e) A drug abuse offense, as defined in section 2925.01 of	239
the Revised Code, that is not a minor misdemeanor;	240

(f) A violation of an ordinance of a municipal corporation	241
that is substantively comparable to an offense listed in divisions	242
(B)(2)(a) to (e) of this section.	243

(C) The state board may take action under division (B) of	244
this section on the basis of substantially comparable conduct	245
occurring in a jurisdiction outside this state or occurring before	246
a person applies for or receives any license.	247

(D) The state board may adopt rules in accordance with	248
Chapter 119. of the Revised Code to carry out this section and	249
section 3319.311 of the Revised Code.	250

Sec. 3319.51.  (A) The state board of education shall	251
annually establish the amount of the fees required to be paid	252
under division (B) of section 3301.071 and sections 3301.074,	253
3319.088, and 3319.29, and 3319.302 of the Revised Code. The	254
amount of these fees shall be such that they, along with any	255
appropriation made to the fund established under division (B) of	256
this section, will be sufficient to cover the annual estimated	257
cost of administering the sections of law listed under division	258
(B) of this section.	259

(B) There is hereby established in the state treasury the	260
state board of education licensure fund, which shall be used by	261
the state board of education solely to pay the cost of	262
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	263
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, and 3319.31 of the	264
Revised Code. The fund shall consist of the amounts paid into the	265
fund pursuant to division (B) of section 3301.071 and sections	266
3301.074, 3319.088, and 3319.29, and 3319.302 of the Revised Code	267
and any appropriations to the fund by the general assembly.	268

Section 2. That existing sections 3313.533, 3319.26, 3319.31,	269
and 3319.51 of the Revised Code are hereby repealed.	270

Section 3. This act is hereby declared to be an emergency	271
measure necessary for the immediate preservation of the public	272
peace, health, and safety. The reason for such necessity is that	273
giving immediate effect to the provisions of this act will permit	274
school district boards to take advantage of those provisions that	275
could increase the number of available persons to fill faculty	276
vacancies in time for the start of the next school year and, thus,	277
to help correct the current teacher shortage problem facing many	278
district boards. Therefore, this act shall go into immediate	279
effect.	280