As Reported by the House Education Committee

126th General Assembly
Regular Session
Sub. H. B. No. 276

Representatives Stewart, J., Miller, Carano, Hartnett, Evans, C., Perry, Allen, Taylor, Peterson, Setzer, Williams, Garrison, Chandler, Woodard, Barrett 

To amend section 3314.03 and to enact sections 1
117.53, 3301.22, 3313.666, and 3313.667 of the 2
Revised Code with respect to school policies 3
prohibiting harassment, intimidation, or bullying.4


       Section 1. That section 3314.03 be amended and sections 5
117.53, 3301.22, 3313.666, and 3313.667 of the Revised Code be 6
enacted to read as follows:7

       Sec. 117.53. When conducting an audit under section 117.11 of 8
the Revised Code of a city, local, exempted village, or joint 9
vocational school district, or a community school established 10
under Chapter 3314. of the Revised Code, the auditor of state 11
shall identify whether the school district or community school has 12
adopted an anti-harassment policy in accordance with section 13
3313.666 of the Revised Code. This determination shall be recorded 14
in the audit report.15

       Sec. 3301.22.  The department of education shall develop a 16
model policy to prohibit harassment, intimidation, or bullying in 17
order to assist school districts in developing their own policies 18
under section 3313.666 of the Revised Code. The department shall 19
issue the model policy within six months after the effective date 20
of this section.21

       Sec. 3313.666.  (A) As used in this section, "harassment, 22
intimidation, or bullying" means any intentional written, verbal, 23
or physical act that a student has exhibited toward another 24
particular student more than once and the behavior both:25

       (1) Causes mental or physical harm to the other student;26

       (2) Is sufficiently severe, persistent, or pervasive that it 27
creates an intimidating, threatening, or abusive educational 28
environment for the other student.29

       (B) The board of education of each city, local, exempted 30
village, and joint vocational school district shall establish a 31
policy prohibiting harassment, intimidation, or bullying. The 32
policy shall be developed in consultation with parents, school 33
employees, school volunteers, students, and community members. The 34
policy shall include, but need not be limited to, the following:35

       (1) A statement prohibiting harassment, intimidation, or 36
bullying of any student on school property or at school-sponsored 37

       (2) A definition of harassment, intimidation, or bullying 39
that shall include, at a minimum, the definition in division (A) 40
of this section;41

       (3) A procedure for reporting prohibited incidents;42

       (4) A requirement that school personnel report prohibited 43
incidents of which they are aware to the school principal or other 44
administrator designated by the principal;45

       (5) A requirement that parents or guardians of any student 46
involved in a prohibited incident be notified and, to the extent 47
permitted by section 3319.321 of the Revised Code and the "Family 48
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 49
U.S.C. 1232q, as amended, have access to any written reports 50
pertaining to the prohibited incident;51

       (6) A procedure for documenting any prohibited incident that 52
is reported;53

       (7) A procedure for responding to and investigating any 54
reported incident;55

       (8) A strategy for protecting a victim from additional 56
harassment, intimidation, or bullying, and from retaliation 57
following a report;58

       (9) A disciplinary procedure for any student guilty of 59
harassment, intimidation, or bullying.60

       (C) Each board's policy shall appear in any student 61
handbooks, and in any of the publications that set forth the 62
comprehensive rules, procedures, and standards of conduct for 63
schools and students in the district. Information regarding the 64
policy shall be incorporated into employee training materials.65

       (D) A school district employee, student, or volunteer shall 66
be individually immune from liability in a civil action for 67
damages arising from reporting an incident in accordance with a 68
policy adopted pursuant to this section if that person reports an 69
incident of harassment, intimidation, or bullying promptly in good 70
faith and in compliance with the procedures as specified in the 71

       (E) Except as provided in division (D) of this section, 73
nothing in this section prohibits a victim from seeking redress 74
under any other provision of the Revised Code or common law that 75
may apply.76

       Sec. 3313.667.  (A) Any school district may form bullying 77
prevention task forces, programs, and other initiatives involving 78
volunteers, parents, law enforcement, and community members.79

       (B) To the extent that state or federal funds are 80
appropriated for these purposes, each school district shall:81

       (1) Provide training, workshops, or courses on the district's 82
harassment, intimidation, or bullying policy adopted pursuant to 83
section 3313.666 of the Revised Code to school employees and 84
volunteers who have direct contact with students. Time spent by 85
school employees in the training, workshops, or courses shall 86
apply towards any state- or district-mandated continuing education 87

       (2) Develop a process for educating students about the 89

       Sec. 3314.03.  A copy of every contract entered into under 91
this section shall be filed with the superintendent of public 92

       (A) Each contract entered into between a sponsor and the 94
governing authority of a community school shall specify the 95

       (1) That the school shall be established as either of the97

       (a) A nonprofit corporation established under Chapter 1702.99
of the Revised Code, if established prior to April 8, 2003;100

       (b) A public benefit corporation established under Chapter101
1702. of the Revised Code, if established after April 8, 2003;102

       (2) The education program of the school, including the103
school's mission, the characteristics of the students the school104
is expected to attract, the ages and grades of students, and the105
focus of the curriculum;106

       (3) The academic goals to be achieved and the method of107
measurement that will be used to determine progress toward those108
goals, which shall include the statewide achievement tests;109

       (4) Performance standards by which the success of the school110
will be evaluated by the sponsor. If the sponsor will evaluate the 111
school in accordance with division (D) of section 3314.36 of the 112
Revised Code, the contract shall specify the number of school 113
years that the school will be evaluated under that division.114

       (5) The admission standards of section 3314.06 of the Revised 115
Code and, if applicable, section 3314.061 of the Revised Code;116

       (6)(a) Dismissal procedures;117

       (b) A requirement that the governing authority adopt an118
attendance policy that includes a procedure for automatically119
withdrawing a student from the school if the student without a120
legitimate excuse fails to participate in one hundred five121
consecutive hours of the learning opportunities offered to the122
student. 123

       (7) The ways by which the school will achieve racial and124
ethnic balance reflective of the community it serves;125

       (8) Requirements for financial audits by the auditor of 126
state. The contract shall require financial records of the school 127
to be maintained in the same manner as are financial records of 128
school districts, pursuant to rules of the auditor of state, and 129
the audits shall be conducted in accordance with section 117.10 of 130
the Revised Code.131

       (9) The facilities to be used and their locations;132

       (10) Qualifications of teachers, including a requirement that 133
the school's classroom teachers be licensed in accordance with 134
sections 3319.22 to 3319.31 of the Revised Code, except that a 135
community school may engage noncertificated persons to teach up to 136
twelve hours per week pursuant to section 3319.301 of the Revised 137

       (11) That the school will comply with the following139

       (a) The school will provide learning opportunities to a141
minimum of twenty-five students for a minimum of nine hundred142
twenty hours per school year;143

       (b) The governing authority will purchase liability144
insurance, or otherwise provide for the potential liability of the145

       (c) The school will be nonsectarian in its programs,147
admission policies, employment practices, and all other148
operations, and will not be operated by a sectarian school or149
religious institution;150

       (d) The school will comply with sections 9.90, 9.91, 109.65,151
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,152
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,153
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,154
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,155
3313.80, 3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 156
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 157
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,158
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it 159
were a school district and will comply with section 3301.0714 of 160
the Revised Code in the manner specified in section 3314.17 of the161
Revised Code;162

       (e) The school shall comply with Chapter 102. of the Revised163
Code except that nothing in that chapter shall prohibit a member164
of the school's governing board from also being an employee of the165
school and nothing in that chapter or section 2921.42 of the166
Revised Code shall prohibit a member of the school's governing167
board from having an interest in a contract into which the168
governing board enters that is not a contract with a for-profit169
firm for the operation or management of a school under the170
auspices of the governing authority;171

       (f) The school will comply with sections 3313.61, 3313.611,172
and 3313.614 of the Revised Code, except that the requirement in 173
sections 3313.61 and 3313.611 of the Revised Code that a person174
must successfully complete the curriculum in any high school prior175
to receiving a high school diploma may be met by completing the176
curriculum adopted by the governing authority of the community177
school rather than the curriculum specified in Title XXXIII of the178
Revised Code or any rules of the state board of education;179

       (g) The school governing authority will submit within four 180
months after the end of each school year a report of its 181
activities and progress in meeting the goals and standards of182
divisions (A)(3) and (4) of this section and its financial status183
to the sponsor, the parents of all students enrolled in the184
school, and the legislative office of education oversight. The185
school will collect and provide any data that the legislative186
office of education oversight requests in furtherance of any study187
or research that the general assembly requires the office to188
conduct, including the studies required under Section 50.39 of Am.189
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of190
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.191

       (12) Arrangements for providing health and other benefits to192

       (13) The length of the contract, which shall begin at the194
beginning of an academic year. No contract shall exceed five years195
unless such contract has been renewed pursuant to division (E) of 196
this section.197

       (14) The governing authority of the school, which shall be198
responsible for carrying out the provisions of the contract;199

       (15) A financial plan detailing an estimated school budget200
for each year of the period of the contract and specifying the201
total estimated per pupil expenditure amount for each such year.202
The plan shall specify for each year the base formula amount that203
will be used for purposes of funding calculations under section204
3314.08 of the Revised Code. This base formula amount for any year 205
shall not exceed the formula amount defined under section 3317.02206
of the Revised Code. The plan may also specify for any year a 207
percentage figure to be used for reducing the per pupil amount of 208
the subsidy calculated pursuant to section 3317.029 of the Revised 209
Code the school is to receive that year under section 3314.08 of 210
the Revised Code.211

       (16) Requirements and procedures regarding the disposition of212
employees of the school in the event the contract is terminated or 213
not renewed pursuant to section 3314.07 of the Revised Code;214

       (17) Whether the school is to be created by converting all or 215
part of an existing public school or is to be a new start-up216
school, and if it is a converted public school, specification of217
any duties or responsibilities of an employer that the board of218
education that operated the school before conversion is delegating219
to the governing board of the community school with respect to all220
or any specified group of employees provided the delegation is not221
prohibited by a collective bargaining agreement applicable to such222

       (18) Provisions establishing procedures for resolving224
disputes or differences of opinion between the sponsor and the225
governing authority of the community school;226

       (19) A provision requiring the governing authority to adopt a 227
policy regarding the admission of students who reside outside the 228
district in which the school is located. That policy shall comply 229
with the admissions procedures specified in sections 3314.06 and 230
3314.061 of the Revised Code and, at the sole discretion of the 231
authority, shall do one of the following:232

       (a) Prohibit the enrollment of students who reside outside233
the district in which the school is located;234

       (b) Permit the enrollment of students who reside in districts235
adjacent to the district in which the school is located;236

       (c) Permit the enrollment of students who reside in any other237
district in the state.238

       (20) A provision recognizing the authority of the department239
of education to take over the sponsorship of the school in240
accordance with the provisions of division (C) of section 3314.015241
of the Revised Code;242

       (21) A provision recognizing the sponsor's authority to243
assume the operation of a school under the conditions specified in244
division (B) of section 3314.073 of the Revised Code;245

        (22) A provision recognizing both of the following:246

       (a) The authority of public health and safety officials to247
inspect the facilities of the school and to order the facilities248
closed if those officials find that the facilities are not in249
compliance with health and safety laws and regulations;250

       (b) The authority of the department of education as the251
community school oversight body to suspend the operation of the252
school under section 3314.072 of the Revised Code if the253
department has evidence of conditions or violations of law at the254
school that pose an imminent danger to the health and safety of255
the school's students and employees and the sponsor refuses to256
take such action;257

        (23) A description of the learning opportunities that will be 258
offered to students including both classroom-based and259
non-classroom-based learning opportunities that is in compliance260
with criteria for student participation established by the261
department under division (L)(2) of section 3314.08 of the Revised262

       (24) The school will comply with section 3302.04 of the 264
Revised Code, including division (E) of that section to the extent 265
possible, except that any action required to be taken by a school 266
district pursuant to that section shall be taken by the sponsor of 267
the school. However, the sponsor shall not be required to take any 268
action described in division (F) of that section.269

       (25) Beginning in the 2006-2007 school year, the school will 270
open for operation not later than the thirtieth day of September 271
each school year, unless the mission of the school as specified 272
under division (A)(2) of this section is solely to serve dropouts. 273
In its initial year of operation, if the school fails to open by 274
the thirtieth day of September, or within one year after the 275
adoption of the contract pursuant to division (D) of section 276
3314.02 of the Revised Code if the mission of the school is solely 277
to serve dropouts, the contract shall be void.278

       (B) The community school shall also submit to the sponsor a279
comprehensive plan for the school. The plan shall specify the280

       (1) The process by which the governing authority of the282
school will be selected in the future;283

       (2) The management and administration of the school;284

       (3) If the community school is a currently existing public285
school, alternative arrangements for current public school286
students who choose not to attend the school and teachers who287
choose not to teach in the school after conversion;288

       (4) The instructional program and educational philosophy of289
the school;290

       (5) Internal financial controls.291

       (C) A contract entered into under section 3314.02 of the292
Revised Code between a sponsor and the governing authority of a293
community school may provide for the community school governing294
authority to make payments to the sponsor, which is hereby295
authorized to receive such payments as set forth in the contract296
between the governing authority and the sponsor. The total amount297
of such payments for oversight and monitoring of the school shall298
not exceed three per cent of the total amount of payments for299
operating expenses that the school receives from the state. 300

       (D) The contract shall specify the duties of the sponsor301
which shall be in accordance with the written agreement entered302
into with the department of education under division (B) of303
section 3314.015 of the Revised Code and shall include the304

        (1) Monitor the community school's compliance with all laws306
applicable to the school and with the terms of the contract;307

        (2) Monitor and evaluate the academic and fiscal performance 308
and the organization and operation of the community school on at 309
least an annual basis;310

        (3) Report on an annual basis the results of the evaluation311
conducted under division (D)(2) of this section to the department312
of education and to the parents of students enrolled in the313
community school;314

        (4) Provide technical assistance to the community school in 315
complying with laws applicable to the school and terms of the316

        (5) Take steps to intervene in the school's operation to318
correct problems in the school's overall performance, declare the319
school to be on probationary status pursuant to section 3314.073320
of the Revised Code, suspend the operation of the school pursuant321
to section 3314.072 of the Revised Code, or terminate the contract322
of the school pursuant to section 3314.07 of the Revised Code as323
determined necessary by the sponsor;324

        (6) Have in place a plan of action to be undertaken in the325
event the community school experiences financial difficulties or326
closes prior to the end of a school year.327

        (E) Upon the expiration of a contract entered into under this 328
section, the sponsor of a community school may, with the approval 329
of the governing authority of the school, renew that contract for330
a period of time determined by the sponsor, but not ending earlier331
than the end of any school year, if the sponsor finds that the332
school's compliance with applicable laws and terms of the contract333
and the school's progress in meeting the academic goals prescribed334
in the contract have been satisfactory. Any contract that is 335
renewed under this division remains subject to the provisions of 336
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.337

       (F) If a community school fails to open for operation within 338
one year after the contract entered into under this section is 339
adopted pursuant to division (D) of section 3314.02 of the Revised 340
Code or permanently closes prior to the expiration of the 341
contract, the contract shall be void and the school shall not 342
enter into a contract with any other sponsor. A school shall not 343
be considered permanently closed because the operations of the 344
school have been suspended pursuant to section 3314.072 of the 345
Revised Code. Any contract that becomes void under this division 346
shall not count toward any statewide limit on the number of such 347
contracts prescribed by section 3314.013 of the Revised Code.348

       Section 2. That existing section 3314.03 of the Revised Code 349
is hereby repealed.350

       Section 3. Section 117.53 of the Revised Code, as enacted by 351
this act, shall take effect one year after the effective date of 352
this act.353