Sub. H. B. No. 184 As Reported by the Senate Education Committee

Representatives Faber, Taylor, Willamowski, Wagner, Seaver, Fessler, Hoops, Webster, Flowers, Reinhard, Collier, Gibbs, Martin, Hagan, Seitz, Peterson, Reidelbach, Schlichter, Aslanides, Blasdel, Bubp, Buehrer, Calvert, Combs, Daniels, DeWine, D. Evans, Garrison, Gilb, Hood, Hughes, Latta, Law, Oelslager, T. Patton, Raga, Schaffer, Schneider, Setzer, G. Smith, Uecker, Walcher

Senator Carey

A BILL

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

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

       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. (A) Except as provided in division (B) of this 9
section, if a copy of the official motto of the United States of 10
America "In God We Trust" or the official motto of Ohio "With God, 11
All Things Are Possible" is donated to any school district, or if 12
money is donated to the district specifically for the purpose of 13
purchasing such material, the board of education of the school 14
district shall accept the donation and display the motto in an 15
appropriate manner in a classroom, auditorium, or cafeteria of a 16
school building in the district, provided all of the following 17
conditions are satisfied: 18

       (1) The motto is printed on durable, poster-quality paper or 19
displayed in a frame. 20

       (2) The dimensions of the paper or frame are at least eight 21
and one-half inches by eleven inches. 22

       (3) The copy contains no words other than the motto and 23
language identifying the motto as the motto of the United States 24
of America or Ohio. 25

       (4) The copy contains no images other than appropriate 26
representations of the flag of the United States of America or 27
Ohio. 28

       (B) In lieu of complying with division (A) of this section, 29
the board of education of any school district may adopt, by a 30
majority vote of its membership, a resolution describing 31
appropriate design requirements for copies of the official mottoes 32
of the United States of America and Ohio that are different from 33
the design requirements described in divisions (A)(1) to (4) of 34
this section. If a copy of the official motto of the United States 35
of America or Ohio that meets the design requirements described in 36
the board's resolution is donated to the district, or if money is 37
donated to the district specifically for the purpose of purchasing 38
such material, the board shall accept the donation and display the 39
motto in an appropriate manner in a classroom, auditorium, or 40
cafeteria of a school building in the district. 41

       Sec. 3314.03. A copy of every contract entered into under 42
this section shall be filed with the superintendent of public 43
instruction. 44

       (A) Each contract entered into between a sponsor and the 45
governing authority of a community school shall specify the 46
following: 47

       (1) That the school shall be established as either of the 48
following: 49

       (a) A nonprofit corporation established under Chapter 1702. 50
of the Revised Code, if established prior to April 8, 2003; 51

       (b) A public benefit corporation established under Chapter 52
1702. of the Revised Code, if established after April 8, 2003; 53

       (2) The education program of the school, including the 54
school's mission, the characteristics of the students the school 55
is expected to attract, the ages and grades of students, and the 56
focus of the curriculum; 57

       (3) The academic goals to be achieved and the method of 58
measurement that will be used to determine progress toward those 59
goals, which shall include the statewide achievement tests; 60

       (4) Performance standards by which the success of the school 61
will be evaluated by the sponsor. If the sponsor will evaluate the 62
school in accordance with division (D) of section 3314.36 of the 63
Revised Code, the contract shall specify the number of school 64
years that the school will be evaluated under that division. 65

       (5) The admission standards of section 3314.06 of the Revised 66
Code and, if applicable, section 3314.061 of the Revised Code; 67

       (6)(a) Dismissal procedures; 68

       (b) A requirement that the governing authority adopt an 69
attendance policy that includes a procedure for automatically 70
withdrawing a student from the school if the student without a 71
legitimate excuse fails to participate in one hundred five 72
consecutive hours of the learning opportunities offered to the 73
student. 74

       (7) The ways by which the school will achieve racial and 75
ethnic balance reflective of the community it serves; 76

       (8) Requirements for financial audits by the auditor of 77
state. The contract shall require financial records of the school 78
to be maintained in the same manner as are financial records of 79
school districts, pursuant to rules of the auditor of state, and 80
the audits shall be conducted in accordance with section 117.10 of 81
the Revised Code. 82

       (9) The facilities to be used and their locations; 83

       (10) Qualifications of teachers, including a requirement that 84
the school's classroom teachers be licensed in accordance with 85
sections 3319.22 to 3319.31 of the Revised Code, except that a 86
community school may engage noncertificated persons to teach up to 87
twelve hours per week pursuant to section 3319.301 of the Revised 88
Code; 89

       (11) That the school will comply with the following 90
requirements: 91

       (a) The school will provide learning opportunities to a 92
minimum of twenty-five students for a minimum of nine hundred 93
twenty hours per school year; 94

       (b) The governing authority will purchase liability 95
insurance, or otherwise provide for the potential liability of the 96
school; 97

       (c) The school will be nonsectarian in its programs, 98
admission policies, employment practices, and all other 99
operations, and will not be operated by a sectarian school or 100
religious institution; 101

       (d) The school will comply with sections 9.90, 9.91, 109.65, 102
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 103
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, 104
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, 105
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, 106
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, 107
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 108
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 109
4123., 4141., and 4167. of the Revised Code as if it were a school 110
district and will comply with section 3301.0714 of the Revised 111
Code in the manner specified in section 3314.17 of the Revised 112
Code; 113

       (e) The school shall comply with Chapter 102. and section 114
2921.42 of the Revised Code; 115

       (f) The school will comply with sections 3313.61, 3313.611, 116
and 3313.614 of the Revised Code, except that the requirement in 117
sections 3313.61 and 3313.611 of the Revised Code that a person 118
must successfully complete the curriculum in any high school prior 119
to receiving a high school diploma may be met by completing the 120
curriculum adopted by the governing authority of the community 121
school rather than the curriculum specified in Title XXXIII of the 122
Revised Code or any rules of the state board of education; 123

       (g) The school governing authority will submit within four 124
months after the end of each school year a report of its 125
activities and progress in meeting the goals and standards of 126
divisions (A)(3) and (4) of this section and its financial status 127
to the sponsor,and the parents of all students enrolled in the 128
school~~, and the legislative office of education oversight. The~~ 129
~~school will collect and provide any data that the legislative~~ 130
~~office of education oversight requests in furtherance of any study~~ 131
~~or research that the general assembly requires the office to~~ 132
~~conduct, including the studies required under Section 50.39 of Am.~~ 133
~~Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of~~ 134
~~Am. Sub. H.B. 215 of the 122nd general assembly, as amended~~. 135

       (h) The school, unless it is an internet- or computer-based 136
community school, will comply with section 3313.801 of the Revised 137
Code as if it were a school district. 138

       (12) Arrangements for providing health and other benefits to 139
employees; 140

       (13) The length of the contract, which shall begin at the 141
beginning of an academic year. No contract shall exceed five years 142
unless such contract has been renewed pursuant to division (E) of 143
this section. 144

       (14) The governing authority of the school, which shall be 145
responsible for carrying out the provisions of the contract; 146

       (15) A financial plan detailing an estimated school budget 147
for each year of the period of the contract and specifying the 148
total estimated per pupil expenditure amount for each such year. 149
The plan shall specify for each year the base formula amount that 150
will be used for purposes of funding calculations under section 151
3314.08 of the Revised Code. This base formula amount for any year 152
shall not exceed the formula amount defined under section 3317.02 153
of the Revised Code. The plan may also specify for any year a 154
percentage figure to be used for reducing the per pupil amount of 155
the subsidy calculated pursuant to section 3317.029 of the Revised 156
Code the school is to receive that year under section 3314.08 of 157
the Revised Code. 158

       (16) Requirements and procedures regarding the disposition of 159
employees of the school in the event the contract is terminated or 160
not renewed pursuant to section 3314.07 of the Revised Code; 161

       (17) Whether the school is to be created by converting all or 162
part of an existing public school or is to be a new start-up 163
school, and if it is a converted public school, specification of 164
any duties or responsibilities of an employer that the board of 165
education that operated the school before conversion is delegating 166
to the governing board of the community school with respect to all 167
or any specified group of employees provided the delegation is not 168
prohibited by a collective bargaining agreement applicable to such 169
employees; 170

       (18) Provisions establishing procedures for resolving 171
disputes or differences of opinion between the sponsor and the 172
governing authority of the community school; 173

       (19) A provision requiring the governing authority to adopt a 174
policy regarding the admission of students who reside outside the 175
district in which the school is located. That policy shall comply 176
with the admissions procedures specified in sections 3314.06 and 177
3314.061 of the Revised Code and, at the sole discretion of the 178
authority, shall do one of the following: 179

       (a) Prohibit the enrollment of students who reside outside 180
the district in which the school is located; 181

       (b) Permit the enrollment of students who reside in districts 182
adjacent to the district in which the school is located; 183

       (c) Permit the enrollment of students who reside in any other 184
district in the state. 185

       (20) A provision recognizing the authority of the department 186
of education to take over the sponsorship of the school in 187
accordance with the provisions of division (C) of section 3314.015 188
of the Revised Code; 189

       (21) A provision recognizing the sponsor's authority to 190
assume the operation of a school under the conditions specified in 191
division (B) of section 3314.073 of the Revised Code; 192

        (22) A provision recognizing both of the following: 193

       (a) The authority of public health and safety officials to 194
inspect the facilities of the school and to order the facilities 195
closed if those officials find that the facilities are not in 196
compliance with health and safety laws and regulations; 197

       (b) The authority of the department of education as the 198
community school oversight body to suspend the operation of the 199
school under section 3314.072 of the Revised Code if the 200
department has evidence of conditions or violations of law at the 201
school that pose an imminent danger to the health and safety of 202
the school's students and employees and the sponsor refuses to 203
take such action; 204

        (23) A description of the learning opportunities that will be 205
offered to students including both classroom-based and 206
non-classroom-based learning opportunities that is in compliance 207
with criteria for student participation established by the 208
department under division (L)(2) of section 3314.08 of the Revised 209
Code; 210

       (24) The school will comply with section 3302.04 of the 211
Revised Code, including division (E) of that section to the extent 212
possible, except that any action required to be taken by a school 213
district pursuant to that section shall be taken by the sponsor of 214
the school. However, the sponsor shall not be required to take any 215
action described in division (F) of that section. 216

       (25) Beginning in the 2006-2007 school year, the school will 217
open for operation not later than the thirtieth day of September 218
each school year, unless the mission of the school as specified 219
under division (A)(2) of this section is solely to serve dropouts. 220
In its initial year of operation, if the school fails to open by 221
the thirtieth day of September, or within one year after the 222
adoption of the contract pursuant to division (D) of section 223
3314.02 of the Revised Code if the mission of the school is solely 224
to serve dropouts, the contract shall be void. 225

       (B) The community school shall also submit to the sponsor a 226
comprehensive plan for the school. The plan shall specify the 227
following: 228

       (1) The process by which the governing authority of the 229
school will be selected in the future; 230

       (2) The management and administration of the school; 231

       (3) If the community school is a currently existing public 232
school, alternative arrangements for current public school 233
students who choose not to attend the school and teachers who 234
choose not to teach in the school after conversion; 235

       (4) The instructional program and educational philosophy of 236
the school; 237

       (5) Internal financial controls. 238

       (C) A contract entered into under section 3314.02 of the 239
Revised Code between a sponsor and the governing authority of a 240
community school may provide for the community school governing 241
authority to make payments to the sponsor, which is hereby 242
authorized to receive such payments as set forth in the contract 243
between the governing authority and the sponsor. The total amount 244
of such payments for oversight and monitoring of the school shall 245
not exceed three per cent of the total amount of payments for 246
operating expenses that the school receives from the state. 247

       (D) The contract shall specify the duties of the sponsor 248
which shall be in accordance with the written agreement entered 249
into with the department of education under division (B) of 250
section 3314.015 of the Revised Code and shall include the 251
following: 252

        (1) Monitor the community school's compliance with all laws 253
applicable to the school and with the terms of the contract; 254

        (2) Monitor and evaluate the academic and fiscal performance 255
and the organization and operation of the community school on at 256
least an annual basis; 257

        (3) Report on an annual basis the results of the evaluation 258
conducted under division (D)(2) of this section to the department 259
of education and to the parents of students enrolled in the 260
community school; 261

        (4) Provide technical assistance to the community school in 262
complying with laws applicable to the school and terms of the 263
contract; 264

        (5) Take steps to intervene in the school's operation to 265
correct problems in the school's overall performance, declare the 266
school to be on probationary status pursuant to section 3314.073 267
of the Revised Code, suspend the operation of the school pursuant 268
to section 3314.072 of the Revised Code, or terminate the contract 269
of the school pursuant to section 3314.07 of the Revised Code as 270
determined necessary by the sponsor; 271

        (6) Have in place a plan of action to be undertaken in the 272
event the community school experiences financial difficulties or 273
closes prior to the end of a school year. 274

        (E) Upon the expiration of a contract entered into under this 275
section, the sponsor of a community school may, with the approval 276
of the governing authority of the school, renew that contract for 277
a period of time determined by the sponsor, but not ending earlier 278
than the end of any school year, if the sponsor finds that the 279
school's compliance with applicable laws and terms of the contract 280
and the school's progress in meeting the academic goals prescribed 281
in the contract have been satisfactory. Any contract that is 282
renewed under this division remains subject to the provisions of 283
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. 284

       (F) If a community school fails to open for operation within 285
one year after the contract entered into under this section is 286
adopted pursuant to division (D) of section 3314.02 of the Revised 287
Code or permanently closes prior to the expiration of the 288
contract, the contract shall be void and the school shall not 289
enter into a contract with any other sponsor. A school shall not 290
be considered permanently closed because the operations of the 291
school have been suspended pursuant to section 3314.072 of the 292
Revised Code. Any contract that becomes void under this division 293
shall not count toward any statewide limit on the number of such 294
contracts prescribed by section 3314.013 of the Revised Code. 295

       Section 2. That existing section 3314.03 of the Revised Code 296
is hereby repealed. 297

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. (A) Except as provided in division (B) of this	9
section, if a copy of the official motto of the United States of	10
America "In God We Trust" or the official motto of Ohio "With God,	11
All Things Are Possible" is donated to any school district, or if	12
money is donated to the district specifically for the purpose of	13
purchasing such material, the board of education of the school	14
district shall accept the donation and display the motto in an	15
appropriate manner in a classroom, auditorium, or cafeteria of a	16
school building in the district, provided all of the following	17
conditions are satisfied:	18

(1) The motto is printed on durable, poster-quality paper or	19
displayed in a frame.	20

(2) The dimensions of the paper or frame are at least eight	21
and one-half inches by eleven inches.	22

(3) The copy contains no words other than the motto and	23
language identifying the motto as the motto of the United States	24
of America or Ohio.	25

(4) The copy contains no images other than appropriate	26
representations of the flag of the United States of America or	27
Ohio.	28

(B) In lieu of complying with division (A) of this section,	29
the board of education of any school district may adopt, by a	30
majority vote of its membership, a resolution describing	31
appropriate design requirements for copies of the official mottoes	32
of the United States of America and Ohio that are different from	33
the design requirements described in divisions (A)(1) to (4) of	34
this section. If a copy of the official motto of the United States	35
of America or Ohio that meets the design requirements described in	36
the board's resolution is donated to the district, or if money is	37
donated to the district specifically for the purpose of purchasing	38
such material, the board shall accept the donation and display the	39
motto in an appropriate manner in a classroom, auditorium, or	40
cafeteria of a school building in the district.	41

Sec. 3314.03. A copy of every contract entered into under	42
this section shall be filed with the superintendent of public	43
instruction.	44

(A) Each contract entered into between a sponsor and the	45
governing authority of a community school shall specify the	46
following:	47

(1) That the school shall be established as either of the	48
following:	49

(a) A nonprofit corporation established under Chapter 1702.	50
of the Revised Code, if established prior to April 8, 2003;	51

(b) A public benefit corporation established under Chapter	52
1702. of the Revised Code, if established after April 8, 2003;	53

(2) The education program of the school, including the	54
school's mission, the characteristics of the students the school	55
is expected to attract, the ages and grades of students, and the	56
focus of the curriculum;	57

(3) The academic goals to be achieved and the method of	58
measurement that will be used to determine progress toward those	59
goals, which shall include the statewide achievement tests;	60

(4) Performance standards by which the success of the school	61
will be evaluated by the sponsor. If the sponsor will evaluate the	62
school in accordance with division (D) of section 3314.36 of the	63
Revised Code, the contract shall specify the number of school	64
years that the school will be evaluated under that division.	65

(5) The admission standards of section 3314.06 of the Revised	66
Code and, if applicable, section 3314.061 of the Revised Code;	67

(b) A requirement that the governing authority adopt an	69
attendance policy that includes a procedure for automatically	70
withdrawing a student from the school if the student without a	71
legitimate excuse fails to participate in one hundred five	72
consecutive hours of the learning opportunities offered to the	73
student.	74

(7) The ways by which the school will achieve racial and	75
ethnic balance reflective of the community it serves;	76

(8) Requirements for financial audits by the auditor of	77
state. The contract shall require financial records of the school	78
to be maintained in the same manner as are financial records of	79
school districts, pursuant to rules of the auditor of state, and	80
the audits shall be conducted in accordance with section 117.10 of	81
the Revised Code.	82

(10) Qualifications of teachers, including a requirement that	84
the school's classroom teachers be licensed in accordance with	85
sections 3319.22 to 3319.31 of the Revised Code, except that a	86
community school may engage noncertificated persons to teach up to	87
twelve hours per week pursuant to section 3319.301 of the Revised	88
Code;	89

(11) That the school will comply with the following	90
requirements:	91

(a) The school will provide learning opportunities to a	92
minimum of twenty-five students for a minimum of nine hundred	93
twenty hours per school year;	94

(b) The governing authority will purchase liability	95
insurance, or otherwise provide for the potential liability of the	96
school;	97

(c) The school will be nonsectarian in its programs,	98
admission policies, employment practices, and all other	99
operations, and will not be operated by a sectarian school or	100
religious institution;	101

(d) The school will comply with sections 9.90, 9.91, 109.65,	102
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	103
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	104
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	105
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	106
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	107
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	108
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	109
4123., 4141., and 4167. of the Revised Code as if it were a school	110
district and will comply with section 3301.0714 of the Revised	111
Code in the manner specified in section 3314.17 of the Revised	112
Code;	113

(e) The school shall comply with Chapter 102. and section	114
2921.42 of the Revised Code;	115

(f) The school will comply with sections 3313.61, 3313.611,	116
and 3313.614 of the Revised Code, except that the requirement in	117
sections 3313.61 and 3313.611 of the Revised Code that a person	118
must successfully complete the curriculum in any high school prior	119
to receiving a high school diploma may be met by completing the	120
curriculum adopted by the governing authority of the community	121
school rather than the curriculum specified in Title XXXIII of the	122
Revised Code or any rules of the state board of education;	123

(g) The school governing authority will submit within four	124
months after the end of each school year a report of its	125
activities and progress in meeting the goals and standards of	126
divisions (A)(3) and (4) of this section and its financial status	127
to the sponsor,and the parents of all students enrolled in the	128
school~~, and the legislative office of education oversight. The~~	129
~~school will collect and provide any data that the legislative~~	130
~~office of education oversight requests in furtherance of any study~~	131
~~or research that the general assembly requires the office to~~	132
~~conduct, including the studies required under Section 50.39 of Am.~~	133
~~Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of~~	134
~~Am. Sub. H.B. 215 of the 122nd general assembly, as amended~~.	135

(h) The school, unless it is an internet- or computer-based	136
community school, will comply with section 3313.801 of the Revised	137
Code as if it were a school district.	138

(12) Arrangements for providing health and other benefits to	139
employees;	140