(d) The school will comply with
sections 9.90, 9.91, 109.65, | 63 |
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711, | 64 |
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608, | 65 |
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66, | 66 |
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671, | 67 |
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80, | 68 |
3313.96,
3319.073, 3319.313, 3319.314, 3319.315, 3319.321, | 69 |
3319.39, 3319.41, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, | 70 |
3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and | 71 |
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., | 72 |
and
4167. of
the Revised Code
as if it were a
school
district
and | 73 |
will comply with section
3301.0714 of the
Revised
Code in the | 74 |
manner specified in section
3314.17 of the
Revised
Code; | 75 |
(f) The school will comply with sections 3313.61,
3313.611, | 78 |
and 3313.614 of the Revised Code, except that for students who | 79 |
enter ninth grade for the first time before July 1, 2010, the | 80 |
requirement in
sections
3313.61 and 3313.611 of the Revised
Code | 81 |
that a person
must successfully
complete the curriculum
in
any | 82 |
high school prior
to receiving a
high school diploma may be
met by | 83 |
completing the
curriculum adopted by the
governing
authority of | 84 |
the community
school
rather than the curriculum
specified in Title | 85 |
XXXIII of the
Revised Code or any rules of the
state board of | 86 |
education. Beginning with students who enter ninth grade for the | 87 |
first time on or after July 1, 2010, the requirement in sections | 88 |
3313.61 and 3313.611 of the Revised Code that a person must | 89 |
successfully complete the curriculum of a high school prior to | 90 |
receiving a high school diploma shall be met by completing the | 91 |
Ohio core curriculum prescribed in division (C) of section | 92 |
3313.603 of the Revised Code, unless the person qualifies under | 93 |
division (D) or (F) of that section. Each school shall comply with | 94 |
the plan for awarding high school credit based on demonstration of | 95 |
subject area competency, adopted by the state board of education | 96 |
under division (J) of section 3313.603 of the Revised Code. | 97 |
(15) A financial plan detailing an estimated school budget | 115 |
for each year
of the period of the contract and specifying the | 116 |
total estimated per pupil
expenditure amount for each such year. | 117 |
The plan shall specify for
each year the base formula amount
that | 118 |
will be used for purposes of funding calculations under section | 119 |
3314.08
of the Revised Code. This base formula amount for any
year | 120 |
shall not exceed
the formula amount defined under section
3317.02 | 121 |
of the Revised Code. The plan may also
specify for any
year a | 122 |
percentage figure to be used for reducing the per pupil
amount of | 123 |
the subsidy calculated pursuant to
section 3317.029 of the Revised | 124 |
Code the school is to
receive that
year under section 3314.08 of | 125 |
the Revised Code. | 126 |
(25) Beginning in the 2006-2007 school year, the school will | 185 |
open for operation not later than the thirtieth day of September | 186 |
each school year, unless the mission of the school as specified | 187 |
under division (A)(2) of this section is solely to serve dropouts. | 188 |
In its initial year of operation, if the school fails to open by | 189 |
the thirtieth day of September, or within one year after the | 190 |
adoption of the contract pursuant to division (D) of section | 191 |
3314.02 of the Revised Code if the mission of the school is solely | 192 |
to serve dropouts, the contract shall be void. | 193 |
(E) Upon the expiration of a
contract entered into under
this | 243 |
section, the sponsor of a
community school may, with the
approval | 244 |
of the governing authority
of the school, renew that
contract for | 245 |
a period of time determined by the sponsor, but not
ending earlier | 246 |
than the end of any school year, if the sponsor
finds that the | 247 |
school's compliance with applicable laws and terms
of the contract | 248 |
and the school's progress in meeting the academic
goals prescribed | 249 |
in the contract have been satisfactory. Any
contract that is | 250 |
renewed
under this division remains subject to
the provisions of | 251 |
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. | 252 |
(F) If a community school fails to open for operation within | 253 |
one year after the contract entered into under this section is | 254 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 255 |
Code or permanently closes prior to the expiration of the | 256 |
contract, the contract shall be void and the school shall not | 257 |
enter into a contract with any other sponsor. A school shall not | 258 |
be considered permanently closed because the operations of the | 259 |
school have been suspended pursuant to section 3314.072 of the | 260 |
Revised Code. Any contract that becomes void under this division | 261 |
shall not count toward any statewide limit on the number of such | 262 |
contracts prescribed by section 3314.013 of the Revised Code. | 263 |
(A) The state board of education shall issue educational
aide | 270 |
permits and educational paraprofessional licenses for
educational | 271 |
assistants and shall adopt rules for
the issuance and
renewal of | 272 |
such permits and licenses
which shall be consistent
with the | 273 |
provisions of this section. Educational aide permits and | 274 |
educational
paraprofessional licenses may be of several types and | 275 |
the
rules shall prescribe the minimum qualifications of
education, | 276 |
health, and character for the service to be authorized under each | 277 |
type. The prescribed minimum
qualifications may require special | 278 |
training or educational
courses designed to qualify a person to | 279 |
perform effectively the
duties authorized under an educational | 280 |
aide permit or educational
paraprofessional license. | 281 |
(C) Educational assistants shall at all times while in
the | 295 |
performance of their duties be under the supervision and
direction | 296 |
of a teacher as defined in section 3319.09 of the
Revised Code. | 297 |
Educational assistants may assist a teacher
to whom assigned in | 298 |
the supervision of pupils, in assisting with
instructional tasks, | 299 |
and in the performance of duties which, in
the judgment of the | 300 |
teacher to whom the assistant is
assigned, may be performed by a | 301 |
person not licensed
pursuant to sections
3319.22 to 3319.30 of the | 302 |
Revised Code and for which a teaching
license, issued pursuant to | 303 |
sections 3319.22 to
3319.30 of
the Revised Code is not required. | 304 |
The duties of an educational
assistant shall not include the | 305 |
assignment of grades
to
pupils. The duties of an educational | 306 |
assistantsassistant need not
be performed in the physical | 307 |
presence of the
teacher to whom assigned, but the
activity of an | 308 |
educational
assistant shall at all times be
under the direction of | 309 |
the teacher
to whom assigned. The assignment of an
educational | 310 |
assistant need
not be limited to assisting a
single teacher. In | 311 |
the event an
educational assistant is
assigned to assist more than | 312 |
one teacher
the assignments shall be clearly
delineated and so | 313 |
arranged that
the educational assistant
shall never be subject to | 314 |
simultaneous
supervision or direction by more than
one teacher. | 315 |
Except when expressly permitted solely for the purposes
of | 321 |
section 3317.029 of the Revised Code, educational assistants may | 322 |
not be used in place
of
classroom
teachers or other employees and | 323 |
any payment of compensation by
boards of education to educational | 324 |
assistants for such
services is
prohibited. The ratio between the | 325 |
number of
licensed teachers and the pupils in a school district | 326 |
may not be
decreased
by utilization of educational assistants and | 327 |
no grouping,
or other
organization of pupils, for utilization of | 328 |
educational
assistants shall be established which is inconsistent | 329 |
with sound
educational
practices and procedures. A school
district | 330 |
may employ up to one
full time equivalent educational
assistant | 331 |
for each six
full time
equivalent licensed employees of
the | 332 |
district.
Educational assistants shall not be counted as
licensed | 333 |
employees for purposes
of state support in the school
foundation | 334 |
program and no grouping
or regrouping of pupils with
educational | 335 |
assistants may be
counted as a class or unit for
school foundation | 336 |
program purposes. Neither
special courses
required by the | 337 |
regulations of the state board of
education,
prescribing minimum | 338 |
qualifications of education for an
educational
assistant, nor | 339 |
years of service as an
educational assistant shall
be counted in | 340 |
any way toward
qualifying for a teacher license, for
a teacher | 341 |
contract of any type, or for
determining placement on a
salary | 342 |
schedule in a school district
as a teacher. | 343 |
Except as provided in this section nonteaching employees | 352 |
shall not serve as educational assistants without first
obtaining | 353 |
an appropriate educational aide permit or educational | 354 |
paraprofessional license from the state board of
education. A | 355 |
nonteaching employee who is the holder of a valid
educational aide | 356 |
permit or educational paraprofessional license shall
neither | 357 |
render nor be required to render services inconsistent with the | 358 |
type
of services authorized
by the permit or license held. No | 359 |
person shall receive compensation
from a
board of education for | 360 |
services rendered as an educational
assistant
in violation of this | 361 |
provision. | 362 |
Nonteaching employees whose functions are solely | 363 |
secretarial-clerical and who do not perform any other duties as | 364 |
educational assistants, even though they assist a teacher
and work | 365 |
under the direction of a teacher shall not be required to hold a | 366 |
permit or license issued pursuant to this section. Students | 367 |
preparing
to become licensed teachers or educational
assistants | 368 |
shall not be
required to hold an educational aide permit or | 369 |
paraprofessional license
for such periods of
time as such students | 370 |
are assigned, as part of their training
program, to work with a | 371 |
teacher in a school district. Such
students shall not be | 372 |
compensated for such services. | 373 |
(E) No person who is, or who has been employed as an | 382 |
educational assistant shall divulge, except to the teacher
to whom | 383 |
assigned, or the administrator of the school in the absence of
the | 384 |
teacher to whom assigned, or when required to testify in a
court | 385 |
or proceedings, any personal information concerning any
pupil in | 386 |
the school district which was obtained or obtainable by
the | 387 |
educational assistant while so employed. Violation of
this | 388 |
provision is grounds for disciplinary action or dismissal, or | 389 |
both. | 390 |
Sec. 3319.41. (A)(1) Beginning September 1, 1994, and
except | 391 |
as provided in division (C) of this section, noNo person
employed | 392 |
or engaged as a teacher, principal, administrator,
nonlicensed | 393 |
school employee, or bus driver in a public
school
may inflict or | 394 |
cause to be inflicted corporal punishment as a
means of discipline | 395 |
upon a pupil attending such school, unless
the board of education | 396 |
of the school district in which the school
is located adopts a | 397 |
resolution no later than September 1, 1994,
to permit corporal | 398 |
punishment as a means of discipline and does
not adopt a | 399 |
resolution prohibiting corporal punishment pursuant
to division | 400 |
(B) of this section. No board shall adopt a
resolution permitting | 401 |
corporal punishment before receiving and
studying the report of | 402 |
the local discipline task force appointed
under division (A)(2) of | 403 |
this section. | 404 |
(2) The board of education of each city, local, exempted | 405 |
village, and joint vocational school district that has not
adopted | 406 |
a rule prohibiting corporal punishment under section
3313.20 of | 407 |
the Revised Code prior to the effective date of this
amendment | 408 |
shall appoint, and any board that has adopted a rule
under that | 409 |
section prior to the effective date of this amendment
may appoint, | 410 |
no later than April 1, 1994, a local discipline task
force to | 411 |
conduct a study of effective discipline measures that
are | 412 |
appropriate for that school district. Members of the task
force | 413 |
shall include teachers, administrators, nonlicensed
school | 414 |
employees, school psychologists, members of the medical | 415 |
profession, pediatricians when available, and representatives of | 416 |
parents' organizations. | 417 |
The task force shall hold meetings regularly. All meetings
of | 418 |
the task force shall be open to the public and at least one of
the | 419 |
meetings shall be for the purpose of inviting public | 420 |
participation. The board of education shall provide public
notice | 421 |
of any public meeting of the task force in newspapers or
other | 422 |
periodicals of general circulation in the school district.
The | 423 |
task force shall report its findings and recommendations in | 424 |
writing to the board of education no later than July 15, 1994.
The | 425 |
task force's written report must be available for inspection
by | 426 |
the public at the board's offices for at least five years
after | 427 |
being submitted to the board. | 428 |
(B)(1) At any time after September 1, 1996, the board of | 429 |
education of any city, local, exempted village, or joint | 430 |
vocational school district in which corporal punishment is | 431 |
permitted may adopt a resolution to prohibit corporal punishment. | 432 |
After the adoption of a resolution prohibiting corporal
punishment | 433 |
pursuant to division (B)(1) of this section, the board
of | 434 |
education of any city, local, exempted village, or joint | 435 |
vocational school district may adopt a resolution permitting | 436 |
corporal punishment after complying with division (B)(3) of this | 437 |
section. | 438 |
(b) Any board of education described in division (B)(1) or | 454 |
(2) of this section that intends to adopt a resolution permitting | 455 |
corporal punishment as a means of discipline shall appoint a | 456 |
secondary local discipline task force to conduct a study of | 457 |
effective discipline measures that are appropriate for that
school | 458 |
district. Membership on the secondary local discipline
task force | 459 |
shall consist of the same types of persons that are
required to be | 460 |
included as members of the local discipline task
force pursuant to | 461 |
division (A)(2) of this section. The secondary
local discipline | 462 |
task force shall follow the same procedures with
respect to | 463 |
holding meetings, the provision of public notice, and
the | 464 |
production and inspection of a written report of findings and | 465 |
recommendations that are applicable to the local discipline task | 466 |
force pursuant to division (A)(2) of this section, except that
the | 467 |
secondary local discipline task force is not required to
present | 468 |
its written report to the board of education on a date
that is no | 469 |
later than July 15, 1994. | 470 |
(E) A person employed or otherwise engaged as a teacher, | 487 |
principal, or administrator by a board of education permitting | 488 |
corporal punishment pursuant to division (A)(1) of this section
or | 489 |
by a nonpublic school, except as otherwise provided by the | 490 |
governing authority of the nonpublic school, may inflict or cause | 491 |
to be inflicted reasonable corporal punishment upon a pupil | 492 |
attending the school to which the person is assigned whenever
such | 493 |
punishment is reasonably necessary in order to preserve
discipline | 494 |
while the student is subject to school authority. | 495 |
(F) A board of education of a school district that permits | 496 |
the use of corporal punishment as a means of discipline pursuant | 497 |
to a resolution adopted by the board pursuant to division (A)(1) | 498 |
of this section shall permit as part of its discipline policy the | 499 |
parents, guardian, or custodian of a child that is attending any | 500 |
school within the school district to request that corporal | 501 |
punishment not be used as a means of discipline on that child; | 502 |
upon the receipt of a request of that nature, shall ensure that
an | 503 |
alternative disciplinary measure is applied with respect to
that | 504 |
child; and shall include a procedure for the exercise of
that | 505 |
option in the resolution adopted pursuant to division (A)(1)
of | 506 |
this section. | 507 |
(G) Persons employed or engaged as teachers, principals,
or | 508 |
administrators in a school, whether public or private, and | 509 |
nonlicensed school employees and school bus drivers may,
within | 510 |
the scope of their employment, use and apply such amount
of force | 511 |
and restraint as is reasonable and necessary to quell a | 512 |
disturbance threatening physical injury to others, to obtain | 513 |
possession of weapons or other dangerous objects upon the person | 514 |
or within the control of the pupil, for the purpose of | 515 |
self-defense, or for the protection of persons or property. | 516 |
Sec. 3326.11. Each science, technology, engineering, and | 517 |
mathematics school established under this chapter and its | 518 |
governing body shall comply
with sections 9.90, 9.91, 109.65, | 519 |
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43, | 520 |
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16, | 521 |
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
| 522 |
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013, 3313.6014, | 523 |
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648, | 524 |
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67, | 525 |
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, | 526 |
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.313, | 527 |
3319.314,
3319.315, 3319.32, 3319.321, 3319.35, 3319.39, 3319.41, | 528 |
3319.45,
3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, | 529 |
3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters | 530 |
102., 117.,
1347.,
2744., 3307., 3309.,
3365.,
3742., 4112., | 531 |
4123.,
4141.,
and
4167. of the Revised Code
as if it were a | 532 |
school district. | 533 |
Section 3. Section 3314.03 of the Revised Code is
presented | 536 |
in
this act as a composite of the section as amended by
Am. Sub. | 537 |
H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B.
276, | 538 |
Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. | 539 |
S.B. 311 of
the 126th General Assembly. The General Assembly, | 540 |
applying the
principle stated in division (B) of section 1.52 of | 541 |
the Revised
Code that amendments are to be harmonized if | 542 |
reasonably capable of
simultaneous operation, finds that the | 543 |
composite is the resulting
version of the section in effect prior | 544 |
to the effective date of
the section as presented in this act. | 545 |