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To amend section 3314.03 and to enact section | 1 |
3313.801 of the Revised Code to require school | 2 |
districts and community schools that receive | 3 |
donated copies of the mottoes of the United States | 4 |
of America or the State of Ohio to display the | 5 |
mottoes in school buildings. | 6 |
Section 1. That section 3314.03 be amended and section | 7 |
3313.801 of the Revised Code be enacted to read as follows: | 8 |
Sec. 3313.801. If a reasonably sized copy of the official | 9 |
motto of the United States of America "In God We Trust" or the | 10 |
official motto of Ohio "With God, All Things Are Possible" is | 11 |
donated to any school district, or if money is donated to the | 12 |
district specifically for the purpose of purchasing such material, | 13 |
the board of education of the school district shall accept the | 14 |
donation and display the motto in an appropriate manner in a | 15 |
classroom, auditorium, or cafeteria of a school building in the | 16 |
district. | 17 |
Sec. 3314.03. A copy of every contract entered into under | 18 |
this section shall be filed with the superintendent of public | 19 |
instruction. | 20 |
(A) Each contract entered into between a sponsor and the | 21 |
governing authority of a community school shall specify the | 22 |
following: | 23 |
(1) That the school shall be established as either of the | 24 |
following: | 25 |
(a) A nonprofit corporation established under Chapter 1702. | 26 |
of the Revised Code, if established prior to April 8, 2003; | 27 |
(b) A public benefit corporation established under Chapter | 28 |
1702. of the Revised Code, if established after April 8, 2003; | 29 |
(2) The education program of the school, including the | 30 |
school's mission, the characteristics of the students the school | 31 |
is expected to attract, the ages and grades of students, and the | 32 |
focus of the curriculum; | 33 |
(3) The academic goals to be achieved and the method of | 34 |
measurement that will be used to determine progress toward those | 35 |
goals, which shall include the statewide achievement tests; | 36 |
(4) Performance standards by which the success of the school | 37 |
will be evaluated by the sponsor; | 38 |
(5) The admission standards of section 3314.06 of the Revised | 39 |
Code; | 40 |
(6)(a) Dismissal procedures; | 41 |
(b) A requirement that the governing authority adopt an | 42 |
attendance policy that includes a procedure for automatically | 43 |
withdrawing a student from the school if the student without a | 44 |
legitimate excuse fails to participate in one hundred five | 45 |
consecutive hours of the learning opportunities offered to the | 46 |
student. Such a policy shall provide for withdrawing the student | 47 |
by the end of the thirtieth day after the student has failed to | 48 |
participate as required under this division. | 49 |
(7) The ways by which the school will achieve racial and | 50 |
ethnic balance reflective of the community it serves; | 51 |
(8) Requirements for financial audits by the auditor of | 52 |
state. The contract shall require financial records of the school | 53 |
to be maintained in the same manner as are financial records of | 54 |
school districts, pursuant to rules of the auditor of state, and | 55 |
the audits shall be conducted in accordance with section 117.10 of | 56 |
the Revised Code. | 57 |
(9) The facilities to be used and their locations; | 58 |
(10) Qualifications of teachers, including a requirement that | 59 |
the school's classroom teachers be licensed in accordance with | 60 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 61 |
community school may engage noncertificated persons to teach up to | 62 |
twelve hours per week pursuant to section 3319.301 of the Revised | 63 |
Code; | 64 |
(11) That the school will comply with the following | 65 |
requirements: | 66 |
(a) The school will provide learning opportunities to a | 67 |
minimum of twenty-five students for a minimum of nine hundred | 68 |
twenty hours per school year; | 69 |
(b) The governing authority will purchase liability | 70 |
insurance, or otherwise provide for the potential liability of the | 71 |
school; | 72 |
(c) The school will be nonsectarian in its programs, | 73 |
admission policies, employment practices, and all other | 74 |
operations, and will not be operated by a sectarian school or | 75 |
religious institution; | 76 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 77 |
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 78 |
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 79 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 80 |
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.801, | 81 |
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, | 82 |
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, | 83 |
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 84 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 85 |
district and will comply with section 3301.0714 of the Revised | 86 |
Code in the manner specified in section 3314.17 of the Revised | 87 |
Code; | 88 |
(e) The school shall comply with Chapter 102. of the Revised | 89 |
Code except that nothing in that chapter shall prohibit a member | 90 |
of the school's governing board from also being an employee of the | 91 |
school and nothing in that chapter or section 2921.42 of the | 92 |
Revised Code shall prohibit a member of the school's governing | 93 |
board from having an interest in a contract into which the | 94 |
governing board enters that is not a contract with a for-profit | 95 |
firm for the operation or management of a school under the | 96 |
auspices of the governing authority; | 97 |
(f) The school will comply with sections 3313.61, 3313.611, | 98 |
and 3313.614 of the Revised Code, except that the requirement in | 99 |
sections 3313.61 and 3313.611 of the Revised Code that a person | 100 |
must successfully complete the curriculum in any high school prior | 101 |
to receiving a high school diploma may be met by completing the | 102 |
curriculum adopted by the governing authority of the community | 103 |
school rather than the curriculum specified in Title XXXIII of the | 104 |
Revised Code or any rules of the state board of education; | 105 |
(g) The school governing authority will submit within four | 106 |
months after the end of each school year a report of its | 107 |
activities and progress in meeting the goals and standards of | 108 |
divisions (A)(3) and (4) of this section and its financial status | 109 |
to the sponsor, the parents of all students enrolled in the | 110 |
school, and the legislative office of education oversight. The | 111 |
school will collect and provide any data that the legislative | 112 |
office of education oversight requests in furtherance of any study | 113 |
or research that the general assembly requires the office to | 114 |
conduct, including the studies required under Section 50.39 of Am. | 115 |
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 116 |
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 117 |
(12) Arrangements for providing health and other benefits to | 118 |
employees; | 119 |
(13) The length of the contract, which shall begin at the | 120 |
beginning of an academic year. No contract shall exceed five years | 121 |
unless such contract has been renewed pursuant to division (E) of | 122 |
this section. | 123 |
(14) The governing authority of the school, which shall be | 124 |
responsible for carrying out the provisions of the contract; | 125 |
(15) A financial plan detailing an estimated school budget | 126 |
for each year of the period of the contract and specifying the | 127 |
total estimated per pupil expenditure amount for each such year. | 128 |
The plan shall specify for each year the base formula amount that | 129 |
will be used for purposes of funding calculations under section | 130 |
3314.08 of the Revised Code. This base formula amount for any year | 131 |
shall not exceed the formula amount defined under section 3317.02 | 132 |
of the Revised Code. The plan may also specify for any year a | 133 |
percentage figure to be used for reducing the per pupil amount of | 134 |
disadvantaged pupil impact aid calculated pursuant to section | 135 |
3317.029 of the Revised Code the school is to receive that year | 136 |
under section 3314.08 of the Revised Code. | 137 |
(16) Requirements and procedures regarding the disposition of | 138 |
employees of the school in the event the contract is terminated or | 139 |
not renewed pursuant to section 3314.07 of the Revised Code; | 140 |
(17) Whether the school is to be created by converting all or | 141 |
part of an existing public school or is to be a new start-up | 142 |
school, and if it is a converted public school, specification of | 143 |
any duties or responsibilities of an employer that the board of | 144 |
education that operated the school before conversion is delegating | 145 |
to the governing board of the community school with respect to all | 146 |
or any specified group of employees provided the delegation is not | 147 |
prohibited by a collective bargaining agreement applicable to such | 148 |
employees; | 149 |
(18) Provisions establishing procedures for resolving | 150 |
disputes or differences of opinion between the sponsor and the | 151 |
governing authority of the community school; | 152 |
(19) A provision requiring the governing authority to adopt a | 153 |
policy regarding the admission of students who reside outside the | 154 |
district in which the school is located. That policy shall comply | 155 |
with the admissions procedures specified in section 3314.06 of the | 156 |
Revised Code and, at the sole discretion of the authority, shall | 157 |
do one of the following: | 158 |
(a) Prohibit the enrollment of students who reside outside | 159 |
the district in which the school is located; | 160 |
(b) Permit the enrollment of students who reside in districts | 161 |
adjacent to the district in which the school is located; | 162 |
(c) Permit the enrollment of students who reside in any other | 163 |
district in the state. | 164 |
(20) A provision recognizing the authority of the department | 165 |
of education to take over the sponsorship of the school in | 166 |
accordance with the provisions of division (C) of section 3314.015 | 167 |
of the Revised Code; | 168 |
(21) A provision recognizing the sponsor's authority to | 169 |
assume the operation of a school under the conditions specified in | 170 |
division (B) of section 3314.073 of the Revised Code; | 171 |
(22) A provision recognizing both of the following: | 172 |
(a) The authority of public health and safety officials to | 173 |
inspect the facilities of the school and to order the facilities | 174 |
closed if those officials find that the facilities are not in | 175 |
compliance with health and safety laws and regulations; | 176 |
(b) The authority of the department of education as the | 177 |
community school oversight body to suspend the operation of the | 178 |
school under section 3314.072 of the Revised Code if the | 179 |
department has evidence of conditions or violations of law at the | 180 |
school that pose an imminent danger to the health and safety of | 181 |
the school's students and employees and the sponsor refuses to | 182 |
take such action; | 183 |
(23) A description of the learning opportunities that will be | 184 |
offered to students including both classroom-based and | 185 |
non-classroom-based learning opportunities that is in compliance | 186 |
with criteria for student participation established by the | 187 |
department under division (L)(2) of section 3314.08 of the Revised | 188 |
Code; | 189 |
(24) The school will comply with section 3302.04 of the | 190 |
Revised Code, including division (E) of that section to the extent | 191 |
possible, except that any action required to be taken by a school | 192 |
district pursuant to that section shall be taken by the sponsor of | 193 |
the school. However, the sponsor shall not be required to take any | 194 |
action described in division (F) of that section. | 195 |
(B) The community school shall also submit to the sponsor a | 196 |
comprehensive plan for the school. The plan shall specify the | 197 |
following: | 198 |
(1) The process by which the governing authority of the | 199 |
school will be selected in the future; | 200 |
(2) The management and administration of the school; | 201 |
(3) If the community school is a currently existing public | 202 |
school, alternative arrangements for current public school | 203 |
students who choose not to attend the school and teachers who | 204 |
choose not to teach in the school after conversion; | 205 |
(4) The instructional program and educational philosophy of | 206 |
the school; | 207 |
(5) Internal financial controls. | 208 |
(C) A contract entered into under section 3314.02 of the | 209 |
Revised Code between a sponsor and the governing authority of a | 210 |
community school may provide for the community school governing | 211 |
authority to make payments to the sponsor, which is hereby | 212 |
authorized to receive such payments as set forth in the contract | 213 |
between the governing authority and the sponsor. The total amount | 214 |
of such payments for oversight and monitoring of the school shall | 215 |
not exceed three per cent of the total amount of payments for | 216 |
operating expenses that the school receives from the state. | 217 |
(D) The contract shall specify the duties of the sponsor | 218 |
which shall be in accordance with the written agreement entered | 219 |
into with the department of education under division (B) of | 220 |
section 3314.015 of the Revised Code and shall include the | 221 |
following: | 222 |
(1) Monitor the community school's compliance with all laws | 223 |
applicable to the school and with the terms of the contract; | 224 |
(2) Monitor and evaluate the academic and fiscal performance | 225 |
and the organization and operation of the community school on at | 226 |
least an annual basis; | 227 |
(3) Report on an annual basis the results of the evaluation | 228 |
conducted under division (D)(2) of this section to the department | 229 |
of education and to the parents of students enrolled in the | 230 |
community school; | 231 |
(4) Provide technical assistance to the community school in | 232 |
complying with laws applicable to the school and terms of the | 233 |
contract; | 234 |
(5) Take steps to intervene in the school's operation to | 235 |
correct problems in the school's overall performance, declare the | 236 |
school to be on probationary status pursuant to section 3314.073 | 237 |
of the Revised Code, suspend the operation of the school pursuant | 238 |
to section 3314.072 of the Revised Code, or terminate the contract | 239 |
of the school pursuant to section 3314.07 of the Revised Code as | 240 |
determined necessary by the sponsor; | 241 |
(6) Have in place a plan of action to be undertaken in the | 242 |
event the community school experiences financial difficulties or | 243 |
closes prior to the end of a school year. | 244 |
(E) Upon the expiration of a contract entered into under this | 245 |
section, the sponsor of a community school may, with the approval | 246 |
of the governing authority of the school, renew that contract for | 247 |
a period of time determined by the sponsor, but not ending earlier | 248 |
than the end of any school year, if the sponsor finds that the | 249 |
school's compliance with applicable laws and terms of the contract | 250 |
and the school's progress in meeting the academic goals prescribed | 251 |
in the contract have been satisfactory. Any contract that is | 252 |
renewed under this division remains subject to the provisions of | 253 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 254 |
Section 2. That existing section 3314.03 of the Revised Code | 255 |
is hereby repealed. | 256 |
Section 3. Section 3314.03 of the Revised Code is presented | 257 |
in this act as a composite of the section as amended by both Am. | 258 |
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 259 |
The General Assembly, applying the principle stated in division | 260 |
(B) of section 1.52 of the Revised Code that amendments are to be | 261 |
harmonized if reasonably capable of simultaneous operation, finds | 262 |
that the composite is the resulting version of the section in | 263 |
effect prior to the effective date of the section as presented in | 264 |
this act. | 265 |