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| To amend section 3314.03 and to enact section | 1 |
| 3313.719 of the Revised Code to require each | 2 |
| school district and each community school to | 3 |
| provide suicide prevention services for students | 4 |
| in grades five to twelve. | 5 |
| Section 1. That section 3314.03 be amended and section | 6 |
| 3313.719 of the Revised Code be enacted to read as follows: | 7 |
| Sec. 3313.719. The board of educaton of each city, local, | 8 |
| exempted village, and joint vocational school district shall | 9 |
| provide suicide prevention services for all students enrolled in | 10 |
| the schools of the district in grades five through twelve. These | 11 |
| services may include, but need not be limited to, any of the | 12 |
| following: | 13 |
| (A) Mental health services in school-based health centers; | 14 |
| (B) Evidence-based suicide prevention programs; | 15 |
| (C) Awareness training for all district employees; | 16 |
| (D) Suicide prevention education to students; | 17 |
| (E) A written policy and procedures for responding to | 18 |
| suicidal warning signs, threats, attempts, and completions; | 19 |
| (F) Mental health risk assessments and referral to mental | 20 |
| health providers; | 21 |
| (G) Referral systems. | 22 |
| Sec. 3314.03. A copy of every contract entered into under | 23 |
| this section shall be filed with the superintendent of public | 24 |
| instruction. | 25 |
| (A) Each contract entered into between a sponsor and the | 26 |
| governing authority of a community school shall specify the | 27 |
| following: | 28 |
| (1) That the school shall be established as either of the | 29 |
| following: | 30 |
| (a) A nonprofit corporation established under Chapter 1702. | 31 |
| of the Revised Code, if established prior to April 8, 2003; | 32 |
| (b) A public benefit corporation established under Chapter | 33 |
| 1702. of the Revised Code, if established after April 8, 2003; | 34 |
| (2) The education program of the school, including the | 35 |
| school's mission, the characteristics of the students the school | 36 |
| is expected to attract, the ages and grades of students, and the | 37 |
| focus of the curriculum; | 38 |
| (3) The academic goals to be achieved and the method of | 39 |
| measurement that will be used to determine progress toward those | 40 |
| goals, which shall include the statewide achievement tests; | 41 |
| (4) Performance standards by which the success of the school | 42 |
| will be evaluated by the sponsor; | 43 |
| (5) The admission standards of section 3314.06 of the Revised | 44 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 45 |
| (6)(a) Dismissal procedures; | 46 |
| (b) A requirement that the governing authority adopt an | 47 |
| attendance policy that includes a procedure for automatically | 48 |
| withdrawing a student from the school if the student without a | 49 |
| legitimate excuse fails to participate in one hundred five | 50 |
| consecutive hours of the learning opportunities offered to the | 51 |
| student. | 52 |
| (7) The ways by which the school will achieve racial and | 53 |
| ethnic balance reflective of the community it serves; | 54 |
| (8) Requirements for financial audits by the auditor of | 55 |
| state. The contract shall require financial records of the school | 56 |
| to be maintained in the same manner as are financial records of | 57 |
| school districts, pursuant to rules of the auditor of state, and | 58 |
| the audits shall be conducted in accordance with section 117.10 of | 59 |
| the Revised Code. | 60 |
| (9) The facilities to be used and their locations; | 61 |
| (10) Qualifications of teachers, including a requirement that | 62 |
| the school's classroom teachers be licensed in accordance with | 63 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 64 |
| community school may engage noncertificated persons to teach up to | 65 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 66 |
| Code; | 67 |
| (11) That the school will comply with the following | 68 |
| requirements: | 69 |
| (a) The school will provide learning opportunities to a | 70 |
| minimum of twenty-five students for a minimum of nine hundred | 71 |
| twenty hours per school year; | 72 |
| (b) The governing authority will purchase liability | 73 |
| insurance, or otherwise provide for the potential liability of the | 74 |
| school; | 75 |
| (c) The school will be nonsectarian in its programs, | 76 |
| admission policies, employment practices, and all other | 77 |
| operations, and will not be operated by a sectarian school or | 78 |
| religious institution; | 79 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 80 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 81 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 82 |
| 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66, | 83 |
| 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, | 84 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, | 85 |
| 3313.719, 3313.80, 3313.96, 3319.073, 3319.313, 3319.314, | 86 |
| 3319.315, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 87 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 88 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 89 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 90 |
| district and will comply with section 3301.0714 of the Revised | 91 |
| Code in the manner specified in section 3314.17 of the Revised | 92 |
| Code; | 93 |
| (e) The school shall comply with Chapter 102. and section | 94 |
| 2921.42 of the Revised Code; | 95 |
| (f) The school will comply with sections 3313.61, 3313.611, | 96 |
| and 3313.614 of the Revised Code, except that for students who | 97 |
| enter ninth grade for the first time before July 1, 2010, the | 98 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 99 |
| that a person must successfully complete the curriculum in any | 100 |
| high school prior to receiving a high school diploma may be met by | 101 |
| completing the curriculum adopted by the governing authority of | 102 |
| the community school rather than the curriculum specified in Title | 103 |
| XXXIII of the Revised Code or any rules of the state board of | 104 |
| education. Beginning with students who enter ninth grade for the | 105 |
| first time on or after July 1, 2010, the requirement in sections | 106 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 107 |
| successfully complete the curriculum of a high school prior to | 108 |
| receiving a high school diploma shall be met by completing the | 109 |
| Ohio core curriculum prescribed in division (C) of section | 110 |
| 3313.603 of the Revised Code, unless the person qualifies under | 111 |
| division (D) or (F) of that section. Each school shall comply with | 112 |
| the plan for awarding high school credit based on demonstration of | 113 |
| subject area competency, adopted by the state board of education | 114 |
| under division (J) of section 3313.603 of the Revised Code. | 115 |
| (g) The school governing authority will submit within four | 116 |
| months after the end of each school year a report of its | 117 |
| activities and progress in meeting the goals and standards of | 118 |
| divisions (A)(3) and (4) of this section and its financial status | 119 |
| to the sponsor and the parents of all students enrolled in the | 120 |
| school. | 121 |
| (h) The school, unless it is an internet- or computer-based | 122 |
| community school, will comply with section 3313.801 of the Revised | 123 |
| Code as if it were a school district. | 124 |
| (12) Arrangements for providing health and other benefits to | 125 |
| employees; | 126 |
| (13) The length of the contract, which shall begin at the | 127 |
| beginning of an academic year. No contract shall exceed five years | 128 |
| unless such contract has been renewed pursuant to division (E) of | 129 |
| this section. | 130 |
| (14) The governing authority of the school, which shall be | 131 |
| responsible for carrying out the provisions of the contract; | 132 |
| (15) A financial plan detailing an estimated school budget | 133 |
| for each year of the period of the contract and specifying the | 134 |
| total estimated per pupil expenditure amount for each such year. | 135 |
| The plan shall specify for each year the base formula amount that | 136 |
| will be used for purposes of funding calculations under section | 137 |
| 3314.08 of the Revised Code. This base formula amount for any year | 138 |
| shall not exceed the formula amount defined under section 3317.02 | 139 |
| of the Revised Code. The plan may also specify for any year a | 140 |
| percentage figure to be used for reducing the per pupil amount of | 141 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 142 |
| Code the school is to receive that year under section 3314.08 of | 143 |
| the Revised Code. | 144 |
| (16) Requirements and procedures regarding the disposition of | 145 |
| employees of the school in the event the contract is terminated or | 146 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 147 |
| (17) Whether the school is to be created by converting all or | 148 |
| part of an existing public school or is to be a new start-up | 149 |
| school, and if it is a converted public school, specification of | 150 |
| any duties or responsibilities of an employer that the board of | 151 |
| education that operated the school before conversion is delegating | 152 |
| to the governing board of the community school with respect to all | 153 |
| or any specified group of employees provided the delegation is not | 154 |
| prohibited by a collective bargaining agreement applicable to such | 155 |
| employees; | 156 |
| (18) Provisions establishing procedures for resolving | 157 |
| disputes or differences of opinion between the sponsor and the | 158 |
| governing authority of the community school; | 159 |
| (19) A provision requiring the governing authority to adopt a | 160 |
| policy regarding the admission of students who reside outside the | 161 |
| district in which the school is located. That policy shall comply | 162 |
| with the admissions procedures specified in sections 3314.06 and | 163 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 164 |
| authority, shall do one of the following: | 165 |
| (a) Prohibit the enrollment of students who reside outside | 166 |
| the district in which the school is located; | 167 |
| (b) Permit the enrollment of students who reside in districts | 168 |
| adjacent to the district in which the school is located; | 169 |
| (c) Permit the enrollment of students who reside in any other | 170 |
| district in the state. | 171 |
| (20) A provision recognizing the authority of the department | 172 |
| of education to take over the sponsorship of the school in | 173 |
| accordance with the provisions of division (C) of section 3314.015 | 174 |
| of the Revised Code; | 175 |
| (21) A provision recognizing the sponsor's authority to | 176 |
| assume the operation of a school under the conditions specified in | 177 |
| division (B) of section 3314.073 of the Revised Code; | 178 |
| (22) A provision recognizing both of the following: | 179 |
| (a) The authority of public health and safety officials to | 180 |
| inspect the facilities of the school and to order the facilities | 181 |
| closed if those officials find that the facilities are not in | 182 |
| compliance with health and safety laws and regulations; | 183 |
| (b) The authority of the department of education as the | 184 |
| community school oversight body to suspend the operation of the | 185 |
| school under section 3314.072 of the Revised Code if the | 186 |
| department has evidence of conditions or violations of law at the | 187 |
| school that pose an imminent danger to the health and safety of | 188 |
| the school's students and employees and the sponsor refuses to | 189 |
| take such action; | 190 |
| (23) A description of the learning opportunities that will be | 191 |
| offered to students including both classroom-based and | 192 |
| non-classroom-based learning opportunities that is in compliance | 193 |
| with criteria for student participation established by the | 194 |
| department under division (L)(2) of section 3314.08 of the Revised | 195 |
| Code; | 196 |
| (24) The school will comply with section 3302.04 of the | 197 |
| Revised Code, including division (E) of that section to the extent | 198 |
| possible, except that any action required to be taken by a school | 199 |
| district pursuant to that section shall be taken by the sponsor of | 200 |
| the school. However, the sponsor shall not be required to take any | 201 |
| action described in division (F) of that section. | 202 |
| (25) Beginning in the 2006-2007 school year, the school will | 203 |
| open for operation not later than the thirtieth day of September | 204 |
| each school year, unless the mission of the school as specified | 205 |
| under division (A)(2) of this section is solely to serve dropouts. | 206 |
| In its initial year of operation, if the school fails to open by | 207 |
| the thirtieth day of September, or within one year after the | 208 |
| adoption of the contract pursuant to division (D) of section | 209 |
| 3314.02 of the Revised Code if the mission of the school is solely | 210 |
| to serve dropouts, the contract shall be void. | 211 |
| (B) The community school shall also submit to the sponsor a | 212 |
| comprehensive plan for the school. The plan shall specify the | 213 |
| following: | 214 |
| (1) The process by which the governing authority of the | 215 |
| school will be selected in the future; | 216 |
| (2) The management and administration of the school; | 217 |
| (3) If the community school is a currently existing public | 218 |
| school, alternative arrangements for current public school | 219 |
| students who choose not to attend the school and teachers who | 220 |
| choose not to teach in the school after conversion; | 221 |
| (4) The instructional program and educational philosophy of | 222 |
| the school; | 223 |
| (5) Internal financial controls. | 224 |
| (C) A contract entered into under section 3314.02 of the | 225 |
| Revised Code between a sponsor and the governing authority of a | 226 |
| community school may provide for the community school governing | 227 |
| authority to make payments to the sponsor, which is hereby | 228 |
| authorized to receive such payments as set forth in the contract | 229 |
| between the governing authority and the sponsor. The total amount | 230 |
| of such payments for oversight and monitoring of the school shall | 231 |
| not exceed three per cent of the total amount of payments for | 232 |
| operating expenses that the school receives from the state. | 233 |
| (D) The contract shall specify the duties of the sponsor | 234 |
| which shall be in accordance with the written agreement entered | 235 |
| into with the department of education under division (B) of | 236 |
| section 3314.015 of the Revised Code and shall include the | 237 |
| following: | 238 |
| (1) Monitor the community school's compliance with all laws | 239 |
| applicable to the school and with the terms of the contract; | 240 |
| (2) Monitor and evaluate the academic and fiscal performance | 241 |
| and the organization and operation of the community school on at | 242 |
| least an annual basis; | 243 |
| (3) Report on an annual basis the results of the evaluation | 244 |
| conducted under division (D)(2) of this section to the department | 245 |
| of education and to the parents of students enrolled in the | 246 |
| community school; | 247 |
| (4) Provide technical assistance to the community school in | 248 |
| complying with laws applicable to the school and terms of the | 249 |
| contract; | 250 |
| (5) Take steps to intervene in the school's operation to | 251 |
| correct problems in the school's overall performance, declare the | 252 |
| school to be on probationary status pursuant to section 3314.073 | 253 |
| of the Revised Code, suspend the operation of the school pursuant | 254 |
| to section 3314.072 of the Revised Code, or terminate the contract | 255 |
| of the school pursuant to section 3314.07 of the Revised Code as | 256 |
| determined necessary by the sponsor; | 257 |
| (6) Have in place a plan of action to be undertaken in the | 258 |
| event the community school experiences financial difficulties or | 259 |
| closes prior to the end of a school year. | 260 |
| (E) Upon the expiration of a contract entered into under this | 261 |
| section, the sponsor of a community school may, with the approval | 262 |
| of the governing authority of the school, renew that contract for | 263 |
| a period of time determined by the sponsor, but not ending earlier | 264 |
| than the end of any school year, if the sponsor finds that the | 265 |
| school's compliance with applicable laws and terms of the contract | 266 |
| and the school's progress in meeting the academic goals prescribed | 267 |
| in the contract have been satisfactory. Any contract that is | 268 |
| renewed under this division remains subject to the provisions of | 269 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 270 |
| (F) If a community school fails to open for operation within | 271 |
| one year after the contract entered into under this section is | 272 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 273 |
| Code or permanently closes prior to the expiration of the | 274 |
| contract, the contract shall be void and the school shall not | 275 |
| enter into a contract with any other sponsor. A school shall not | 276 |
| be considered permanently closed because the operations of the | 277 |
| school have been suspended pursuant to section 3314.072 of the | 278 |
| Revised Code. Any contract that becomes void under this division | 279 |
| shall not count toward any statewide limit on the number of such | 280 |
| contracts prescribed by section 3314.013 of the Revised Code. | 281 |
| Section 2. That existing section 3314.03 of the Revised Code | 282 |
| is hereby repealed. | 283 |
| Section 3. Section 3314.03 of the Revised Code is presented | 284 |
| in this act as a composite of the section as amended by Am. Sub. | 285 |
| H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B. 276, Sub. | 286 |
| H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 311 | 287 |
| of the 126th General Assembly. The General Assembly, applying the | 288 |
| principle stated in division (B) of section 1.52 of the Revised | 289 |
| Code that amendments are to be harmonized if reasonably capable of | 290 |
| simultaneous operation, finds that the composite is the resulting | 291 |
| version of the section in effect prior to the effective date of | 292 |
| the section as presented in this act. | 293 |