(b) A requirement that the governing authority adopt an | 43 |
attendance policy that includes a procedure for automatically | 44 |
withdrawing a student from the school if the student without a | 45 |
legitimate excuse fails to participate in one hundred five | 46 |
consecutive hours of the learning opportunities offered to the | 47 |
student. Such a policy shall provide for withdrawing the student | 48 |
by the end of the thirtieth day after the student has failed to | 49 |
participate as required under this division. | 50 |
(d) The school will comply with
sections 9.90, 9.91, 109.65, | 78 |
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, | 79 |
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643, | 80 |
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671, | 81 |
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96, | 82 |
3319.073, 3319.313, 3319.314, 3319.321, 3319.39, 3321.01,
3321.13, | 83 |
3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
| 84 |
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365., | 85 |
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it | 86 |
were a
school
district
and will comply with section
3301.0714 of | 87 |
the
Revised
Code in the manner specified in section
3314.17 of the | 88 |
Revised
Code; | 89 |
(e) The school shall comply with Chapter 102. of the Revised | 90 |
Code except that
nothing in that chapter shall prohibit a
member | 91 |
of the school's governing board from also being an employee
of the | 92 |
school and nothing in that chapter or section 2921.42 of
the | 93 |
Revised Code shall prohibit a member of the
school's governing | 94 |
board from having an interest in a
contract into which the | 95 |
governing board enters
that is not a contract with a for-profit | 96 |
firm for the operation or
management of a school under the | 97 |
auspices of the governing
authority; | 98 |
(f) The school will comply with sections 3313.61,
3313.611, | 99 |
and 3313.614 of the Revised Code, except that the
requirement in
| 100 |
sections
3313.61 and 3313.611 of the Revised
Code that a person | 101 |
must successfully
complete the curriculum
in
any high school prior | 102 |
to receiving a
high school diploma may be
met by completing the | 103 |
curriculum adopted by the
governing
authority of the community | 104 |
school
rather than the curriculum
specified in Title XXXIII of the | 105 |
Revised Code or any rules of the
state board of education; | 106 |
(g) The school governing authority will submit
within four | 107 |
months after the end of each school year a
report
of
its | 108 |
activities and progress in meeting the goals and
standards of | 109 |
divisions
(A)(3) and (4) of this section and its
financial status | 110 |
to the
sponsor, the parents of all students
enrolled in the | 111 |
school, and the legislative office of education
oversight. The | 112 |
school will
collect and provide
any data that the
legislative | 113 |
office of education oversight requests in
furtherance
of any study | 114 |
or research that the general assembly requires the
office to | 115 |
conduct, including the studies required under Section
50.39
of Am. | 116 |
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of | 117 |
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. | 118 |
(15) A financial plan detailing an estimated school budget | 127 |
for each year
of the period of the contract and specifying the | 128 |
total estimated per pupil
expenditure amount for each such year. | 129 |
The plan shall specify for
each year the base formula amount
that | 130 |
will be used for purposes of funding calculations under section | 131 |
3314.08
of the Revised Code. This base formula amount for any
year | 132 |
shall not exceed
the formula amount defined under section
3317.02 | 133 |
of the Revised Code. The plan may also
specify for any
year a | 134 |
percentage figure to be used for reducing the per pupil
amount of | 135 |
disadvantaged pupil impact aid calculated pursuant to
section | 136 |
3317.029 of the Revised Code the school is to
receive that
year | 137 |
under section 3314.08 of the Revised Code. | 138 |
(17) Whether the school is to be created by
converting all
or | 142 |
part of an existing public school or is to be a new start-up | 143 |
school, and if it is a converted public school, specification of | 144 |
any duties or
responsibilities of an employer that the board of | 145 |
education that operated the
school before conversion is delegating | 146 |
to the governing board of the community
school with respect to all | 147 |
or any specified group of employees provided the
delegation is not | 148 |
prohibited by a collective bargaining agreement applicable
to such | 149 |
employees; | 150 |
(C) A contract entered into under section 3314.02 of the | 210 |
Revised
Code between a sponsor and the governing
authority of a | 211 |
community school may provide for the community school governing | 212 |
authority to make payments to the sponsor, which is hereby | 213 |
authorized to
receive such payments as set forth in the contract | 214 |
between the governing
authority and the sponsor.
The total amount | 215 |
of such payments for oversight and monitoring of the school shall | 216 |
not exceed three per cent of the total
amount of payments for | 217 |
operating expenses that the school receives
from the state. | 218 |
(5) Take steps to intervene in the school's operation to | 236 |
correct problems in the school's overall
performance, declare the | 237 |
school to be on probationary status
pursuant to section 3314.073 | 238 |
of the Revised Code, suspend the
operation of the school pursuant | 239 |
to section 3314.072 of the
Revised Code, or terminate the contract | 240 |
of the school pursuant to
section 3314.07 of the Revised Code as | 241 |
determined necessary by the
sponsor; | 242 |
(E) Upon the expiration of a
contract entered into under
this | 246 |
section, the sponsor of a
community school may, with the
approval | 247 |
of the governing authority
of the school, renew that
contract for | 248 |
a period of time determined by the sponsor, but not
ending earlier | 249 |
than the end of any school year, if the sponsor
finds that the | 250 |
school's compliance with applicable laws and terms
of the contract | 251 |
and the school's progress in meeting the academic
goals prescribed | 252 |
in the contract have been satisfactory. Any
contract that is | 253 |
renewed
under this division remains subject to
the provisions of | 254 |
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. | 255 |
Sec. 3319.291. (A) When any
person initially applies for
any | 256 |
certificate, license, or permit described in division (B) of | 257 |
section 3301.071, in section 3301.074,
3319.088, 3319.29, | 258 |
3319.302, or 3319.304, or in division (A) of section 3319.303 of | 259 |
the Revised Code, theThe state board of
education shall require | 260 |
each of the personfollowing persons, at the times prescribed by | 261 |
division (A) of this section, to submit with the application
two | 262 |
complete sets of fingerprints and written permission that | 263 |
authorizes the superintendent of public instruction to forward
the | 264 |
fingerprints to the bureau of criminal identification and | 265 |
investigation pursuant to division (F) of section 109.57 of the | 266 |
Revised Code and that authorizes that bureau to forward the | 267 |
fingerprints to the federal bureau of investigation for purposes | 268 |
of obtaining any criminal records that the federal bureau | 269 |
maintains on the person: | 270 |
(1) Any person initially applying for any certificate, | 271 |
license, or permit described in division (B) of section 3301.071, | 272 |
in section 3301.074, 3319.088, 3319.29, 3319.302, or 3319.304, or | 273 |
in division (A) of section 3319.303 of the Revised Code at the | 274 |
time that application is made; | 275 |
(B) TheExcept as provided in division (C) of this section, | 288 |
prior to issuing or renewing any certificate, license, or permit | 289 |
described in division (A)(1) or (2) of this section and in the | 290 |
case of a person required to submit fingerprints and written | 291 |
permission under division (A)(3) or (4) of this section, the state | 292 |
board of education or the superintendent of
public instruction | 293 |
shall request the superintendent of the bureau
of criminal | 294 |
identification and investigation to investigate and determine | 295 |
whether the bureau has any
information, gathered pursuant to | 296 |
division (A) of section 109.57
of the Revised Code, pertaining to | 297 |
any person submitting
fingerprints and written permission under | 298 |
this section. If the person does not present proof that the person | 299 |
has been a resident of this state for the five-year period | 300 |
immediately prior to the date upon which the investigation | 301 |
described in this division is requested, or does not provide | 302 |
evidence that within that five-year period the superintendent of | 303 |
the bureau of criminal identification and investigation has | 304 |
requested information about the person from the federal bureau of | 305 |
investigation, the state board or the superintendent of public | 306 |
instruction shall request the superintendent of the bureau of | 307 |
criminal identification and investigation to obtain any criminal | 308 |
records that the federal bureau of
investigation has on the | 309 |
person. If the person presents proof that the person has been a | 310 |
resident of this state for that five-year period, the state board | 311 |
or the superintendent of public instruction may request the | 312 |
superintendent of the bureau of criminal identification and | 313 |
investigation to obtain any criminal records that the federal | 314 |
bureau of investigation has on the person. | 315 |
(C) The state board or the superintendent of public | 316 |
instruction may choose not to request any information required by | 317 |
division (B) of this section if the person applying for the | 318 |
issuance or renewal of a certificate, license, or permit described | 319 |
in division (A)(1) or (2) of this section or the person required | 320 |
to submit fingerprints and written permission under division | 321 |
(A)(3) or (4) of this section provides proof that a criminal | 322 |
records check was conducted on the person as a condition of | 323 |
employment pursuant to section 3319.39 of the Revised Code within | 324 |
the immediately preceding year. The state board or the | 325 |
superintendent of public instruction may accept a certified copy | 326 |
of records that were issued by the bureau of criminal | 327 |
identification and investigation and that are presented by a | 328 |
person applying for the issuance or renewal of a certificate, | 329 |
license, or permit described in this section in lieu of requesting | 330 |
that information under division (B) of this section if the records | 331 |
were issued by the bureau within the immediately preceding year. | 332 |
Sec. 3319.311. (A) The state board of education, or the | 333 |
superintendent of public instruction on behalf of the board, may | 334 |
investigate any information received about a person that | 335 |
reasonably appears to be a basis for action under section 3319.31 | 336 |
of the Revised Code, including information received pursuant to | 337 |
section 3319.313, 5126.253, or 5153.176 of the Revised Code. The | 338 |
board shall contract with the office of
the Ohio attorney general | 339 |
to conduct any investigation of that
nature. The board shall pay | 340 |
for the costs of the contract only from
moneys in the state board | 341 |
of education licensure
fund established under division (B) of | 342 |
section 3319.51 of the Revised Code.
All information received | 343 |
pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised | 344 |
Code, and all information obtained during an investigation is | 345 |
confidential and is not a public record under section 149.43 of | 346 |
the Revised Code. If an investigation is conducted under this | 347 |
division
regarding information received about a person and no | 348 |
action is taken
against the person under
this section or section | 349 |
3319.31 of the Revised Code within two
years of the completion of | 350 |
the investigation, all records of the
investigation shall be | 351 |
expunged. | 352 |
(B) The superintendent of public instruction shall review
the | 353 |
results of each investigation of a person conducted under
division | 354 |
(A) of this section and shall determine, on behalf of
the state | 355 |
board, whether the results warrant initiating action
under section | 356 |
3319.31 of the Revised Code. The superintendent
shall advise the | 357 |
board of such determination at a meeting of
the board. Within | 358 |
fourteen days of the next meeting of the board, any member
of the | 359 |
board may ask that the question of initiating
action under section | 360 |
3319.31 of the Revised Code be placed on the
board's agenda for | 361 |
that next meeting. Prior to initiating that
action against any | 362 |
person, the person's name and any other
personally identifiable | 363 |
information shall remain confidential. | 364 |
(D) For purposes of an investigation under division (A) of | 369 |
this section or a hearing under division (C) of this section,
the | 370 |
board, or the superintendent on behalf of the board, may | 371 |
administer oaths, order the taking of depositions, issue | 372 |
subpoenas, and compel the attendance of witnesses and the | 373 |
production of books, accounts, papers, records, documents, and | 374 |
testimony. The issuance of subpoenas under this division may be
by | 375 |
certified mail or personal delivery to the person. | 376 |
(F) The board automatically may suspend any
license without a | 382 |
prior hearing if the
license holder is convicted of or pleads | 383 |
guilty to
one or more of the following offenses or a violation of | 384 |
an ordinance of a
municipal
corporation or a law of another state | 385 |
that is substantially comparable to
one of the following offenses: | 386 |
aggravated murder; murder;
aggravated arson; aggravated robbery; | 387 |
aggravated burglary;
voluntary manslaughter; felonious assault; | 388 |
kidnapping; rape;
sexual battery; gross sexual imposition; or | 389 |
unlawful
sexual conduct with a
minor. A suspension under this | 390 |
division is effective on the
date of the conviction or guilty | 391 |
plea. | 392 |
For a suspension under this division, the board, in | 393 |
accordance with section 119.07 of the Revised Code, shall
issue a | 394 |
written order of suspension to the license
holder by certified | 395 |
mail or in person and shall afford
the person a hearing upon | 396 |
request. If the person does not
request a hearing within the time | 397 |
limits established by that
section, the board shall enter a final | 398 |
order revoking the person's
license. An order of suspension under | 399 |
this
division is not subject to suspension by a court during
the | 400 |
pendency of an appeal filed under section 119.12 of the
Revised | 401 |
Code. | 402 |
An order of suspension under this division shall remain in | 403 |
effect, unless reversed on appeal, until the final order of the | 404 |
board, issued pursuant to this section and Chapter 119. of the | 405 |
Revised Code, becomes effective. The board shall issue a final | 406 |
order within sixty days of the date of an order of suspension | 407 |
under this division or a hearing on an order of
suspension, | 408 |
whichever is
later. If the board fails to issue a final order by | 409 |
that deadline,
the order of suspension is dissolved. No | 410 |
dissolution
of an order of suspension under this division shall | 411 |
invalidate
a subsequent final order of the board. | 412 |
(B) The board of education of each school district, the | 422 |
governing board of each educational service center, and the chief | 423 |
administrator of each chartered nonpublic school shall promptly | 424 |
submit to the superintendent of public instruction the information | 425 |
prescribed in division (C) of this section when any of the | 426 |
following conditions apply to an employee who holds a license | 427 |
issued by the state board of education: | 428 |
(2) The board of education, governing board, or chief | 434 |
administrator has initiated termination or nonrenewal proceedings | 435 |
against, has terminated, or has not renewed the contract of the | 436 |
employee because the board of education, governing board, or chief | 437 |
administrator has reasonably determined that the employee has | 438 |
committed an act that is unbecoming to the teaching profession or | 439 |
an offense described in divisions (B)(2)(a) to (f) of section | 440 |
3319.31 or division (B)(1) of section 3319.39 of the Revised Code; | 441 |
(D) A determination made by the board of education, governing | 457 |
board, or chief administrator as described in division (B)(2) of | 458 |
this section or a termination, nonrenewal, resignation, or other | 459 |
separation described in divisions (B)(2) to (4) of this section | 460 |
does not create a presumption of the commission or lack of the | 461 |
commission by the employee of an act unbecoming to the teaching | 462 |
profession or an offense described in divisions (B)(2)(a) to (f) | 463 |
of section 3319.31 or division (B)(1) of section 3319.39 of the | 464 |
Revised Code. | 465 |
Sec. 3319.314. The board of education of each school | 466 |
district, the governing board of each educational service center, | 467 |
and the chief administrator of each chartered nonpublic school | 468 |
shall require that the reports of any investigation by the board | 469 |
of education, governing board, or chief administrator of an | 470 |
employee regarding whether the employee has committed an act or | 471 |
offense for which the board of education, governing board, or | 472 |
chief administrator is required to make a report to the | 473 |
superintendent of public instruction under section 3319.313 of the | 474 |
Revised Code be kept in the employee's personnel file. If, after | 475 |
an investigation under division (A) of section 3319.311 of the | 476 |
Revised Code, the superintendent of public instruction determines | 477 |
that the results of that investigation do not warrant initiating | 478 |
action under section 3319.31 of the Revised Code, the board of | 479 |
education, governing board, or chief administrator may permit the | 480 |
reports of the board's or chief administrator's investigation to | 481 |
be moved from the employee's personnel file to a separate public | 482 |
file. | 483 |
(D) A determination made by the board as described in | 518 |
division (B)(2) of this section or a termination, nonrenewal, | 519 |
resignation, or other separation described in divisions (B)(2) to | 520 |
(4) of this section does not create a presumption of the | 521 |
commission or lack of the commission by the employee of an act | 522 |
unbecoming to the teaching profession or an offense described in | 523 |
divisions (B)(2)(a) to (f) of section 3319.31 or division (B)(1) | 524 |
of section 3319.39 of the Revised Code. | 525 |
Sec. 5123.254. Each county board of mental retardation and | 526 |
developmental disabilities shall require that the reports of any | 527 |
investigation by the board of an employee regarding whether the | 528 |
employee has committed an act or offense for which the board is | 529 |
required to make a report to the superintendent of public | 530 |
instruction under section 5123.253 of the Revised Code be kept in | 531 |
the employee's personnel file. If, after an investigation under | 532 |
division (A) of section 3319.311 of the Revised Code, the | 533 |
superintendent of public instruction determines that the results | 534 |
of that investigation do not warrant initiating action under | 535 |
section 3319.31 of the Revised Code, the board may permit the | 536 |
reports of the board's investigation to be moved from the | 537 |
employee's personnel file to a separate public file. | 538 |
Notwithstanding any provision to the contrary in section | 541 |
2151.421, 5153.17, or any other section of the Revised Code | 542 |
pertaining to confidentiality, a public children services agency | 543 |
shall promptly provide to the superintendent of public instruction | 544 |
any information the public children services agency determines to | 545 |
be relevant regarding the agency's investigation of a report of | 546 |
child abuse or neglect made pursuant to section 2151.421 of the | 547 |
Revised Code involving a person who holds a license issued by the | 548 |
state board of education where the agency has determined that | 549 |
evidence of child abuse or neglect exists including, but not | 550 |
limited to, both of the following: | 551 |
Section 3. Section 3314.03 of the Revised Code is presented | 567 |
in
this act as a composite of the section as amended by both Am. | 568 |
Sub. H.B. 3 and Am. Sub. H.B. 95 of
the 125th General Assembly. | 569 |
The General Assembly, applying the
principle stated in division | 570 |
(B) of section 1.52 of the Revised
Code that amendments are to be | 571 |
harmonized if reasonably capable of
simultaneous operation, finds | 572 |
that the composite is the resulting
version of the section in | 573 |
effect prior to the effective date of
the section as presented in | 574 |
this act. | 575 |