S. B. No. 331 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 331

Senator Roberts

Cosponsors: Senators Fedor, Mason, Miller, D., Morano, Sawyer, Miller, R.

A BILL

To amend sections 3302.03, 3313.672, 3314.012,

3314.015, 3314.03, 3314.19, and 3314.21 and to

enact sections 3314.101, 3314.38, and 3314.39 of

the Revised Code to require regular on-site

evaluations of community schools, to require

certain community school teachers to be "highly

qualified," and to make other changes regarding

public schools.

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

Section 1. That sections 3302.03, 3313.672, 3314.012,	9
3314.015, 3314.03, 3314.19, and 3314.21 be amended and sections	10
3314.101, 3314.38, and 3314.39 of the Revised Code be enacted to	11
read as follows:	12

Sec. 3302.03. (A) Annually the department of education shall	13
report for each school district and each school building in a	14
district all of the following:	15

(1) The extent to which the school district or building meets	16
each of the applicable performance indicators created by the state	17
board of education under section 3302.02 of the Revised Code and	18
the number of applicable performance indicators that have been	19
achieved;	20

(2) The performance index score of the school district or	21
building;	22

(3) Whether the school district or building has made adequate	23
yearly progress;	24

(4) Whether the school district or building is excellent,	25
effective, needs continuous improvement, is under an academic	26
watch, or is in a state of academic emergency, except that if a	27
school building does not offer any grade level for which an	28
achievement test is prescribed under section 3301.0710 of the	29
Revised Code, the performance rating assigned to the building	30
under division (B) of this section shall not be included on the	31
report card issued for the building under division (C) of this	32
section. The exclusion of the performance rating from the report	33
card shall not affect the applicability of any provision of the	34
Revised Code in which the performance rating of a school building	35
is a factor.	36

(B) Except as otherwise provided in divisions (B)(6) and (7)	37
of this section:	38

(1) A school district or building shall be declared excellent	39
if it fulfills one of the following requirements:	40

(a) It makes adequate yearly progress and either meets at	41
least ninety-four per cent of the applicable state performance	42
indicators or has a performance index score established by the	43
department.	44

(b) It has failed to make adequate yearly progress for not	45
more than two consecutive years and either meets at least	46
ninety-four per cent of the applicable state performance	47
indicators or has a performance index score established by the	48
department.	49

(2) A school district or building shall be declared effective	50
if it fulfills one of the following requirements:	51

(a) It makes adequate yearly progress and either meets at	52
least seventy-five per cent but less than ninety-four per cent of	53
the applicable state performance indicators or has a performance	54
index score established by the department.	55

(b) It does not make adequate yearly progress and either	56
meets at least seventy-five per cent of the applicable state	57
performance indicators or has a performance index score	58
established by the department, except that if it does not make	59
adequate yearly progress for three consecutive years, it shall be	60
declared in need of continuous improvement.	61

(3) A school district or building shall be declared to be in	62
need of continuous improvement if it fulfills one of the following	63
requirements:	64

(a) It makes adequate yearly progress, meets less than	65
seventy-five per cent of the applicable state performance	66
indicators, and has a performance index score established by the	67
department.	68

(b) It does not make adequate yearly progress and either	69
meets at least fifty per cent but less than seventy-five per cent	70
of the applicable state performance indicators or has a	71
performance index score established by the department.	72

(4) A school district or building shall be declared to be	73
under an academic watch if it does not make adequate yearly	74
progress and either meets at least thirty-one per cent but less	75
than fifty per cent of the applicable state performance indicators	76
or has a performance index score established by the department.	77

(5) A school district or building shall be declared to be in	78
a state of academic emergency if it does not make adequate yearly	79
progress, does not meet at least thirty-one per cent of the	80
applicable state performance indicators, and has a performance	81
index score established by the department.	82

(6) When designating performance ratings for school districts	83
and buildings under divisions (B)(1) to (5) of this section, the	84
department shall not assign a school district or building a lower	85
designation from its previous year's designation based solely on	86
one subgroup not making adequate yearly progress.	87

(7) ~~Division (B)(7) of this section does not apply to any~~	88
~~community school established under Chapter 3314. of the Revised~~	89
~~Code in which a majority of the students are enrolled in a dropout~~	90
~~prevention and recovery program.~~	91

A school district or building shall not be assigned a higher	92
performance rating than in need of continuous improvement if at	93
least ten per cent but not more than fifteen per cent of the	94
enrolled students do not take all achievement tests prescribed for	95
their grade level under section 3301.0710 of the Revised Code from	96
which they are not excused pursuant to division (C)(1) or (3) of	97
section 3301.0711 of the Revised Code. A school district or	98
building shall not be assigned a higher performance rating than	99
under an academic watch if more than fifteen per cent but not more	100
than twenty per cent of the enrolled students do not take all	101
achievement tests prescribed for their grade level under section	102
3301.0710 of the Revised Code from which they are not excused	103
pursuant to division (C)(1) or (3) of section 3301.0711 of the	104
Revised Code. A school district or building shall not be assigned	105
a higher performance rating than in a state of academic emergency	106
if more than twenty per cent of the enrolled students do not take	107
all achievement tests prescribed for their grade level under	108
section 3301.0710 of the Revised Code from which they are not	109
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	110
the Revised Code.	111

(C)(1) The department shall issue annual report cards for	112
each school district, each building within each district, and for	113
the state as a whole reflecting performance on the indicators	114
created by the state board under section 3302.02 of the Revised	115
Code, the performance index score, and adequate yearly progress.	116

(2) The department shall include on the report card for each	117
district information pertaining to any change from the previous	118
year made by the school district or school buildings within the	119
district on any performance indicator.	120

(3) When reporting data on student performance, the	121
department shall disaggregate that data according to the following	122
categories:	123

(a) Performance of students by age group;

124

(b) Performance of students by race and ethnic group;

125

126

(d) Performance of students grouped by those who have been	127
enrolled in a district or school for three or more years;	128

(e) Performance of students grouped by those who have been	129
enrolled in a district or school for more than one year and less	130
than three years;	131

(f) Performance of students grouped by those who have been	132
enrolled in a district or school for one year or less;	133

(g) Performance of students grouped by those who are	134
economically disadvantaged;	135

(h) Performance of students grouped by those who are enrolled	136
in a conversion community school established under Chapter 3314.	137
of the Revised Code;	138

(i) Performance of students grouped by those who are	139
classified as limited English proficient;	140

(j) Performance of students grouped by those who have	141
disabilities;	142

(k) Performance of students grouped by those who are	143
classified as migrants;	144

(l) Performance of students grouped by those who are	145
identified as gifted pursuant to Chapter 3324. of the Revised	146
Code.	147

The department may disaggregate data on student performance	148
according to other categories that the department determines are	149
appropriate. To the extent possible, the department shall	150
disaggregate data on student performance according to any	151
combinations of two or more of the categories listed in divisions	152
(C)(3)(a) to (l) of this section that it deems relevant.	153

In reporting data pursuant to division (C)(3) of this	154
section, the department shall not include in the report cards any	155
data statistical in nature that is statistically unreliable or	156
that could result in the identification of individual students.	157
For this purpose, the department shall not report student	158
performance data for any group identified in division (C)(3) of	159
this section that contains less than ten students.	160

(4) The department may include with the report cards any	161
additional education and fiscal performance data it deems	162
valuable.	163

(5) The department shall include on each report card a list	164
of additional information collected by the department that is	165
available regarding the district or building for which the report	166
card is issued. When available, such additional information shall	167
include student mobility data disaggregated by race and	168
socioeconomic status, college enrollment data, and the reports	169
prepared under section 3302.031 of the Revised Code.	170

The department shall maintain a site on the world wide web.	171
The report card shall include the address of the site and shall	172
specify that such additional information is available to the	173
public at that site. The department shall also provide a copy of	174
each item on the list to the superintendent of each school	175
district. The district superintendent shall provide a copy of any	176
item on the list to anyone who requests it.	177

(6)(a) This division does not apply to conversion community	178
schools that primarily enroll students between sixteen and	179
twenty-two years of age who dropped out of high school or are at	180
risk of dropping out of high school due to poor attendance,	181
disciplinary problems, or suspensions.	182

For any district that sponsors a conversion community school	183
under Chapter 3314. of the Revised Code, the department shall	184
combine data regarding the academic performance of students	185
enrolled in the community school with comparable data from the	186
schools of the district for the purpose of calculating the	187
performance of the district as a whole on the report card issued	188
for the district.	189

(b) Any district that leases a building to a community school	190
located in the district or that enters into an agreement with a	191
community school located in the district whereby the district and	192
the school endorse each other's programs may elect to have data	193
regarding the academic performance of students enrolled in the	194
community school combined with comparable data from the schools of	195
the district for the purpose of calculating the performance of the	196
district as a whole on the district report card. Any district that	197
so elects shall annually file a copy of the lease or agreement	198
with the department.	199

(7) The department shall include on each report card the	200
percentage of teachers in the district or building who are highly	201
qualified, as defined by the "No Child Left Behind Act of 2001,"	202
and a comparison of that percentage with the percentages of such	203
teachers in similar districts and buildings.	204

(8) The department shall include on the report card the	205
number of master teachers employed by each district and each	206
building once the data is available from the education management	207
information system established under section 3301.0714 of the	208
Revised Code.	209

(D)(1) In calculating reading, writing, mathematics, social	210
studies, or science proficiency or achievement test passage rates	211
used to determine school district or building performance under	212
this section, the department shall include all students taking a	213
test with accommodation or to whom an alternate assessment is	214
administered pursuant to division (C)(1) or (3) of section	215
3301.0711 of the Revised Code.	216

(2) In calculating performance index scores, rates of	217
achievement on the performance indicators established by the state	218
board under section 3302.02 of the Revised Code, and adequate	219
yearly progress for school districts and buildings under this	220
section, the department shall do all of the following:	221

(a) Include for each district or building only those students	222
who are included in the ADM certified for the first full school	223
week of October and are continuously enrolled in the district or	224
building through the time of the spring administration of any test	225
prescribed by section 3301.0710 of the Revised Code that is	226
administered to the student's grade level;	227

(b) Include cumulative totals from both the fall and spring	228
administrations of the third grade reading achievement test;	229

(c) Except as required by the "No Child Left Behind Act of	230
2001" for the calculation of adequate yearly progress, exclude for	231
each district or building any limited English proficient student	232
who has been enrolled in United States schools for less than one	233
full school year.	234

Sec. 3313.672. (A)(1) At the time of initial entry to a	235
public or nonpublic school, a pupil shall present to the person in	236
charge of admission any records given the pupil by the public or	237
nonpublic elementary or secondary school the pupil most recently	238
attended; a certified copy of an order or decree, or modification	239
of such an order or decree allocating parental rights and	240
responsibilities for the care of a child and designating a	241
residential parent and legal custodian of the child, as provided	242
in division (B) of this section, if that type of order or decree	243
has been issued; a copy of a power of attorney or caretaker	244
authorization affidavit, if either has been executed with respect	245
to the child pursuant to sections 3109.51 to 3109.80 of the	246
Revised Code; and a certification of birth issued pursuant to	247
Chapter 3705. of the Revised Code, a comparable certificate or	248
certification issued pursuant to the statutes of another state,	249
territory, possession, or nation, or a document in lieu of a	250
certificate or certification as described in divisions (A)(1)(a)	251
to (e) of this section. Any of the following shall be accepted in	252
lieu of a certificate or certification of birth by the person in	253
charge of admission:	254

(a) A passport or attested transcript of a passport filed	255
with a registrar of passports at a point of entry of the United	256
States showing the date and place of birth of the child;	257

(b) An attested transcript of the certificate of birth;

258

(c) An attested transcript of the certificate of baptism or	259
other religious record showing the date and place of birth of the	260
child;	261

(d) An attested transcript of a hospital record showing the	262
date and place of birth of the child;	263

(e) A birth affidavit.

264

(2) If a pupil requesting admission to a school of the school	265
district in which the pupil is entitled to attend school under	266
section 3313.64 or 3313.65 of the Revised Code has been discharged	267
or released from the custody of the department of youth services	268
under section 5139.51 of the Revised Code just prior to requesting	269
admission to the school, no school official shall admit that pupil	270
until the records described in divisions (D)(4)(a) to (d) of	271
section 2152.18 of the Revised Code have been received by the	272
superintendent of the school district.	273

(3) Except as otherwise provided in division (A)(2) of this	274
section, within twenty-four hours of the entry into the school of	275
a pupil described in division (A)(1) of this section, a school	276
official shall request the pupil's official records from the	277
public or nonpublic elementary or secondary school the pupil most	278
recently attended. If the public or nonpublic school the pupil	279
claims to have most recently attended indicates that it has no	280
record of the pupil's attendance or the records are not received	281
within fourteen days of the date of request, or if the pupil does	282
not present a certification of birth described in division (A)(1)	283
of this section, a comparable certificate or certification from	284
another state, territory, possession, or nation, or another	285
document specified in divisions (A)(1)(a) to ~~(d)~~(e) of this	286
section, the principal or chief administrative officer of the	287
school shall notify the law enforcement agency having jurisdiction	288
in the area where the pupil resides of this fact and of the	289
possibility that the pupil may be a missing child, as defined in	290
section 2901.30 of the Revised Code.	291

(B)(1) Whenever an order or decree allocating parental rights	292
and responsibilities for the care of a child and designating a	293
residential parent and legal custodian of the child, including a	294
temporary order, is issued resulting from an action of divorce,	295
alimony, annulment, or dissolution of marriage, and the order or	296
decree pertains to a child who is a pupil in a public or nonpublic	297
school, the residential parent of the child shall notify the	298
school of those allocations and designations by providing the	299
person in charge of admission at the pupil's school with a	300
certified copy of the order or decree that made the allocation and	301
designation. Whenever there is a modification of any order or	302
decree allocating parental rights and responsibilities for the	303
care of a child and designating a residential parent and legal	304
custodian of the child that has been submitted to a school, the	305
residential parent shall provide the person in charge of admission	306
at the pupil's school with a certified copy of the order or decree	307
that makes the modification.	308

(2) Whenever a power of attorney is executed under sections	309
3109.51 to 3109.62 of the Revised Code that pertains to a child	310
who is a pupil in a public or nonpublic school, the attorney in	311
fact shall notify the school of the power of attorney by providing	312
the person in charge of admission with a copy of the power of	313
attorney. Whenever a caretaker authorization affidavit is executed	314
under sections 3109.64 to 3109.73 of the Revised Code that	315
pertains to a child who is in a public or nonpublic school, the	316
grandparent who executed the affidavit shall notify the school of	317
the affidavit by providing the person in charge of admission with	318
a copy of the affidavit.	319

(C) If, at the time of a pupil's initial entry to a public or	320
nonpublic school, the pupil is under the care of a shelter for	321
victims of domestic violence, as defined in section 3113.33 of the	322
Revised Code, the pupil or the pupil's parent shall notify the	323
school of that fact. Upon being so informed, the school shall	324
inform the elementary or secondary school from which it requests	325
the pupil's records of that fact.	326

(D) If a pupil seeking admission to a school operated by a	327
school district most recently attended a community school	328
established under Chapter 3314. of the Revised Code, the school	329
official handling the pupil's admission shall request the pupil or	330
the pupil's parent to provide information about the reasons the	331
pupil or the pupil's parent initially chose the community school	332
and the reasons for the pupil's withdrawal from the community	333
school and enrollment in the school in which the pupil is seeking	334
admission. Each school district shall report information collected	335
under this division to the department of education. The department	336
shall compile and post the information on its web site in a manner	337
that does not identify individual pupils or parents.	338

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	339
the superintendent of public instruction shall appoint	340
representatives of the department of education, including	341
employees who work with the education management information	342
system and employees of the office of community schools	343
established by section 3314.11 of the Revised Code, to a committee	344
to develop report card models for community schools. The director	345
of the legislative office of education oversight shall also	346
appoint representatives to the committee. The committee shall	347
design model report cards appropriate for the various types of	348
community schools approved to operate in the state. Sufficient	349
models shall be developed to reflect the variety of grade levels	350
served and the missions of the state's community schools. All	351
models shall include both financial and academic data. The initial	352
models shall be developed by March 31, 2000.	353

(B) The department of education shall issue an annual report	354
card for each community school, regardless of how long the school	355
has been in operation. The report card shall report the academic	356
and financial performance of the school utilizing one of the	357
models developed under division (A) of this section. The report	358
card shall include all information applicable to school buildings	359
under division (A) of section 3302.03 of the Revised Code and	360
section 3302.032 of the Revised Code.	361

(C) Upon receipt of a copy of a contract between a sponsor	362
and a community school entered into under this chapter, the	363
department of education shall notify the community school of the	364
specific model report card that will be used for that school.	365

(D) Report cards shall be distributed to the parents of all	366
students in the community school, to the members of the board of	367
education of the school district in which the community school is	368
located, and to any person who requests one from the department.	369

~~(E) No report card shall be issued for any community school~~	370
~~under this section until the school has been open for instruction~~	371
~~for two full school years.~~	372

Sec. 3314.015. (A) The department of education shall be	373
responsible for the oversight of sponsors of the community schools	374
established under this chapter and shall provide technical	375
assistance to schools and sponsors in their compliance with	376
applicable laws and the terms of the contracts entered into under	377
section 3314.03 of the Revised Code and in the development and	378
start-up activities of those schools. In carrying out its duties	379
under this section, the department shall do all of the following:	380

(1) In providing technical assistance to proposing parties,	381
governing authorities, and sponsors, conduct training sessions and	382
distribute informational materials;	383

(2) Approve entities to be sponsors of community schools and	384
monitor the effectiveness of those sponsors in their oversight of	385
the schools with which they have contracted;	386

(3) By December thirty-first of each year, issue a report to	387
the governor, the speaker of the house of representatives, the	388
president of the senate, and the chairpersons of the house and	389
senate committees principally responsible for education matters	390
regarding the effectiveness of academic programs, operations, and	391
legal compliance and of the financial condition of all community	392
schools established under this chapter and on the performance of	393
community school sponsors;	394

(4) From time to time, make legislative recommendations to	395
the general assembly designed to enhance the operation and	396
performance of community schools.	397

(B)(1) No entity listed in division (C)(1) of section 3314.02	398
of the Revised Code shall enter into a preliminary agreement under	399
division (C)(2) of section 3314.02 of the Revised Code until it	400
has received approval from the department of education to sponsor	401
community schools under this chapter and has entered into a	402
written agreement with the department regarding the manner in	403
which the entity will conduct such sponsorship. The department	404
shall adopt in accordance with Chapter 119. of the Revised Code	405
rules containing criteria, procedures, and deadlines for	406
processing applications for such approval, for oversight of	407
sponsors, for revocation of the approval of sponsors, and for	408
entering into written agreements with sponsors. The rules shall	409
require an entity to submit evidence of the entity's ability and	410
willingness to comply with the provisions of division (D) of	411
section 3314.03 of the Revised Code. The rules also shall require	412
entities approved as sponsors on and after June 30, 2005, to	413
demonstrate a record of financial responsibility and successful	414
implementation of educational programs. If an entity seeking	415
approval on or after June 30, 2005, to sponsor community schools	416
in this state sponsors or operates schools in another state, at	417
least one of the schools sponsored or operated by the entity must	418
be comparable to or better than the performance of Ohio schools in	419
need of continuous improvement under section 3302.03 of the	420
Revised Code, as determined by the department.	421

An entity that sponsors community schools may enter into	422
preliminary agreements and sponsor schools as follows, provided	423
each school and the contract for sponsorship meets the	424
requirements of this chapter:	425

(a) An entity that sponsored fifty or fewer schools that were	426
open for operation as of May 1, 2005, may sponsor not more than	427
fifty schools.	428

(b) An entity that sponsored more than fifty but not more	429
than seventy-five schools that were open for operation as of May	430
1, 2005, may sponsor not more than the number of schools the	431
entity sponsored that were open for operation as of May 1, 2005.	432

(c) Until June 30, 2006, an entity that sponsored more than	433
seventy-five schools that were open for operation as of May 1,	434
2005, may sponsor not more than the number of schools the entity	435
sponsored that were open for operation as of May 1, 2005. After	436
June 30, 2006, such an entity may sponsor not more than	437
seventy-five schools.	438

Upon approval of an entity to be a sponsor under this	439
division, the department shall notify the entity of the number of	440
schools the entity may sponsor.	441

The limit imposed on an entity to which division (B)(1) of	442
this section applies shall be decreased by one for each school	443
sponsored by the entity that permanently closes.	444

If at any time an entity exceeds the number of schools it may	445
sponsor under this division, the department shall assist the	446
schools in excess of the entity's limit in securing new sponsors.	447
If a school is unable to secure a new sponsor, the department	448
shall assume sponsorship of the school in accordance with division	449
(C) of this section. Those schools for which another sponsor or	450
the department assumes sponsorship shall be the schools that most	451
recently entered into contracts with the entity under section	452
3314.03 of the Revised Code.	453

(2) The department of education shall determine, pursuant to	454
criteria adopted by rule of the department, whether the mission	455
proposed to be specified in the contract of a community school to	456
be sponsored by a state university board of trustees or the	457
board's designee under division (C)(1)(e) of section 3314.02 of	458
the Revised Code complies with the requirements of that division.	459
Such determination of the department is final.	460

(3) The department of education shall determine, pursuant to	461
criteria adopted by rule of the department, if any tax-exempt	462
entity under section 501(c)(3) of the Internal Revenue Code that	463
is proposed to be a sponsor of a community school is an	464
education-oriented entity for purpose of satisfying the condition	465
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	466
Revised Code. Such determination of the department is final.	467

(C) If at any time the state board of education finds that a	468
sponsor is not in compliance or is no longer willing to comply	469
with its contract with any community school or with the	470
department's rules for sponsorship, the state board or designee	471
shall conduct a hearing in accordance with Chapter 119. of the	472
Revised Code on that matter. If after the hearing, the state board	473
or designee has confirmed the original finding, the department of	474
education may revoke the sponsor's approval to sponsor community	475
schools and may assume the sponsorship of any schools with which	476
the sponsor has contracted until the earlier of the expiration of	477
two school years or until a new sponsor as described in division	478
(C)(1) of section 3314.02 of the Revised Code is secured by the	479
school's governing authority. The department may extend the term	480
of the contract in the case of a school for which it has assumed	481
sponsorship under this division as necessary to accommodate the	482
term of the department's authorization to sponsor the school	483
specified in this division.	484

(D) The decision of the department to disapprove an entity	485
for sponsorship of a community school or to revoke approval for	486
such sponsorship, as provided in division (C) of this section, may	487
be appealed by the entity in accordance with section 119.12 of the	488
Revised Code.	489

(E) The department shall adopt procedures for use by a	490
community school governing authority and sponsor when the school	491
permanently closes and ceases operation, which shall include at	492
least procedures for data reporting to the department, handling of	493
student records, distribution of assets in accordance with section	494
3314.074 of the Revised Code, and other matters related to ceasing	495
operation of the school.	496

(F) In carrying out its duties under this chapter, the	497
department shall not impose requirements on community schools or	498
their sponsors that are not permitted by law or duly adopted	499
rules.	500

Sec. 3314.03. A copy of every contract entered into under	501
this section shall be filed with the superintendent of public	502
instruction.	503

(A) Each contract entered into between a sponsor and the	504
governing authority of a community school shall specify the	505
following:	506

(1) That the school shall be established as either of the	507
following:	508

(a) A nonprofit corporation established under Chapter 1702.	509
of the Revised Code, if established prior to April 8, 2003;	510

(b) A public benefit corporation established under Chapter	511
1702. of the Revised Code, if established after April 8, 2003;	512

(2) The education program of the school, including the	513
school's mission, the characteristics of the students the school	514
is expected to attract, the ages and grades of students, and the	515
focus of the curriculum;	516

(3) The academic goals to be achieved and the method of	517
measurement that will be used to determine progress toward those	518
goals, which shall include the statewide achievement tests;	519

(4) Performance standards by which the success of the school	520
will be evaluated by the sponsor;	521

(5) The admission standards of section 3314.06 of the Revised	522
Code and, if applicable, section 3314.061 of the Revised Code;	523

(6)(a) Dismissal procedures;

524

(b) A requirement that the governing authority adopt an	525
attendance policy that includes a procedure for automatically	526
withdrawing a student from the school if the student without a	527
legitimate excuse fails to participate in one hundred five	528
consecutive hours of the learning opportunities offered to the	529
student.	530

(7) The ways by which the school will achieve racial and	531
ethnic balance reflective of the community it serves;	532

(8) Requirements for financial audits by the auditor of	533
state. The contract shall require financial records of the school	534
to be maintained in the same manner as are financial records of	535
school districts, pursuant to rules of the auditor of state, and	536
the audits shall be conducted in accordance with section 117.10 of	537
the Revised Code.	538

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

539

(10) Qualifications of teachers~~, including a requirement that~~	540
~~the school's classroom teachers be licensed in accordance with~~	541
~~sections 3319.22 to 3319.31 of the Revised Code, except that a~~	542
~~community school may engage noncertificated persons to teach up to~~	543
~~twelve hours per week pursuant to section 3319.301~~in compliance	544
with section 3314.101 of the Revised Code;	545

(11) That the school will comply with the following	546
requirements:	547

(a) The school will provide learning opportunities to a	548
minimum of twenty-five students for a minimum of nine hundred	549
twenty hours per school year;	550

(b) The governing authority will purchase liability	551
insurance, or otherwise provide for the potential liability of the	552
school;	553

(c) The school will be nonsectarian in its programs,	554
admission policies, employment practices, and all other	555
operations, and will not be operated by a sectarian school or	556
religious institution;	557

(d) The school will comply with sections 9.90, 9.91, 109.65,	558
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	559
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	560
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	561
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	562
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	563
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	564
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	565
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	566
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	567
and 4167. of the Revised Code as if it were a school district and	568
will comply with section 3301.0714 of the Revised Code in the	569
manner specified in section 3314.17 of the Revised Code;	570

(e) The school shall comply with Chapter 102. and section	571
2921.42 of the Revised Code;	572

(f) The school will comply with sections 3313.61, 3313.611,	573
and 3313.614 of the Revised Code, except that for students who	574
enter ninth grade for the first time before July 1, 2010, the	575
requirement in sections 3313.61 and 3313.611 of the Revised Code	576
that a person must successfully complete the curriculum in any	577
high school prior to receiving a high school diploma may be met by	578
completing the curriculum adopted by the governing authority of	579
the community school rather than the curriculum specified in Title	580
XXXIII of the Revised Code or any rules of the state board of	581
education. Beginning with students who enter ninth grade for the	582
first time on or after July 1, 2010, the requirement in sections	583
3313.61 and 3313.611 of the Revised Code that a person must	584
successfully complete the curriculum of a high school prior to	585
receiving a high school diploma shall be met by completing the	586
Ohio core curriculum prescribed in division (C) of section	587
3313.603 of the Revised Code, unless the person qualifies under	588
division (D) or (F) of that section. Each school shall comply with	589
the plan for awarding high school credit based on demonstration of	590
subject area competency, adopted by the state board of education	591
under division (J) of section 3313.603 of the Revised Code.	592

(g) The school governing authority will submit within four	593
months after the end of each school year a report of its	594
activities and progress in meeting the goals and standards of	595
divisions (A)(3) and (4) of this section and its financial status	596
to the sponsor and the parents of all students enrolled in the	597
school.	598

(h) The school, unless it is an internet- or computer-based	599
community school, will comply with section 3313.801 of the Revised	600
Code as if it were a school district.	601

(12) Arrangements for providing health and other benefits to	602
employees;	603

(13) The length of the contract, which shall begin at the	604
beginning of an academic year. No contract shall exceed five years	605
unless such contract has been renewed pursuant to division (E) of	606
this section.	607

(14) The governing authority of the school, which shall be	608
responsible for carrying out the provisions of the contract;	609

(15) A financial plan detailing an estimated school budget	610
for each year of the period of the contract and specifying the	611
total estimated per pupil expenditure amount for each such year.	612
The plan shall specify for each year the base formula amount that	613
will be used for purposes of funding calculations under section	614
3314.08 of the Revised Code. This base formula amount for any year	615
shall not exceed the formula amount defined under section 3317.02	616
of the Revised Code. The plan may also specify for any year a	617
percentage figure to be used for reducing the per pupil amount of	618
the subsidy calculated pursuant to section 3317.029 of the Revised	619
Code the school is to receive that year under section 3314.08 of	620
the Revised Code.	621

(16) Requirements and procedures regarding the disposition of	622
employees of the school in the event the contract is terminated or	623
not renewed pursuant to section 3314.07 of the Revised Code;	624

(17) Whether the school is to be created by converting all or	625
part of an existing public school or is to be a new start-up	626
school, and if it is a converted public school, specification of	627
any duties or responsibilities of an employer that the board of	628
education that operated the school before conversion is delegating	629
to the governing board of the community school with respect to all	630
or any specified group of employees provided the delegation is not	631
prohibited by a collective bargaining agreement applicable to such	632
employees;	633

(18) Provisions establishing procedures for resolving	634
disputes or differences of opinion between the sponsor and the	635
governing authority of the community school;	636

(19) A provision requiring the governing authority to adopt a	637
policy regarding the admission of students who reside outside the	638
district in which the school is located. That policy shall comply	639
with the admissions procedures specified in sections 3314.06 and	640
3314.061 of the Revised Code and, at the sole discretion of the	641
authority, shall do one of the following:	642

(a) Prohibit the enrollment of students who reside outside	643
the district in which the school is located;	644

(b) Permit the enrollment of students who reside in districts	645
adjacent to the district in which the school is located;	646

(c) Permit the enrollment of students who reside in any other	647
district in the state.	648

(20) A provision recognizing the authority of the department	649
of education to take over the sponsorship of the school in	650
accordance with the provisions of division (C) of section 3314.015	651
of the Revised Code;	652

(21) A provision recognizing the sponsor's authority to	653
assume the operation of a school under the conditions specified in	654
division (B) of section 3314.073 of the Revised Code;	655

(22) A provision recognizing both of the following:

656

(a) The authority of public health and safety officials to	657
inspect the facilities of the school and to order the facilities	658
closed if those officials find that the facilities are not in	659
compliance with health and safety laws and regulations;	660

(b) The authority of the department of education as the	661
community school oversight body to suspend the operation of the	662
school under section 3314.072 of the Revised Code if the	663
department has evidence of conditions or violations of law at the	664
school that pose an imminent danger to the health and safety of	665
the school's students and employees and the sponsor refuses to	666
take such action;	667

(23) A description of the learning opportunities that will be	668
offered to students including both classroom-based and	669
non-classroom-based learning opportunities that is in compliance	670
with criteria for student participation established by the	671
department under division (L)(2) of section 3314.08 of the Revised	672
Code;	673

(24) The school will comply with section 3302.04 of the	674
Revised Code, including division (E) of that section to the extent	675
possible, except that any action required to be taken by a school	676
district pursuant to that section shall be taken by the sponsor of	677
the school. However, the sponsor shall not be required to take any	678
action described in division (F) of that section.	679

(25) Beginning in the 2006-2007 school year, the school will	680
open for operation not later than the thirtieth day of September	681
each school year, unless the mission of the school as specified	682
under division (A)(2) of this section is solely to serve dropouts.	683
In its initial year of operation, if the school fails to open by	684
the thirtieth day of September, or within one year after the	685
adoption of the contract pursuant to division (D) of section	686
3314.02 of the Revised Code if the mission of the school is solely	687
to serve dropouts, the contract shall be void.	688

(B) The community school shall also submit to the sponsor a	689
comprehensive plan for the school. The plan shall specify the	690
following:	691

(1) The process by which the governing authority of the	692
school will be selected in the future;	693

(2) The management and administration of the school;

694

(3) If the community school is a currently existing public	695
school, alternative arrangements for current public school	696
students who choose not to attend the school and teachers who	697
choose not to teach in the school after conversion;	698

(4) The instructional program and educational philosophy of	699
the school;	700

(5) Internal financial controls.

701

(C) A contract entered into under section 3314.02 of the	702
Revised Code between a sponsor and the governing authority of a	703
community school may provide for the community school governing	704
authority to make payments to the sponsor, which is hereby	705
authorized to receive such payments as set forth in the contract	706
between the governing authority and the sponsor. The total amount	707
of such payments for oversight and monitoring of the school shall	708
not exceed three per cent of the total amount of payments for	709
operating expenses that the school receives from the state.	710

(D) The contract shall specify the duties of the sponsor	711
which shall be in accordance with the written agreement entered	712
into with the department of education under division (B) of	713
section 3314.015 of the Revised Code and shall include the	714
following:	715

(1) Monitor the community school's compliance with all laws	716
applicable to the school and with the terms of the contract;	717

(2) Monitor and evaluate the academic and fiscal performance	718
and the organization and operation of the community school on at	719
least an annual basis;	720

(3) Report on an annual basis the results of the evaluation	721
conducted under division (D)(2) of this section to the department	722
of education and to the parents of students enrolled in the	723
community school;	724

(4) Provide technical assistance to the community school in	725
complying with laws applicable to the school and terms of the	726
contract;	727

(5) Take steps to intervene in the school's operation to	728
correct problems in the school's overall performance, declare the	729
school to be on probationary status pursuant to section 3314.073	730
of the Revised Code, suspend the operation of the school pursuant	731
to section 3314.072 of the Revised Code, or terminate the contract	732
of the school pursuant to section 3314.07 of the Revised Code as	733
determined necessary by the sponsor;	734

(6) Have in place a plan of action to be undertaken in the	735
event the community school experiences financial difficulties or	736
closes prior to the end of a school year.	737

(E) Upon the expiration of a contract entered into under this	738
section, the sponsor of a community school may, with the approval	739
of the governing authority of the school, renew that contract for	740
a period of time determined by the sponsor, but not ending earlier	741
than the end of any school year, if the sponsor finds that the	742
school's compliance with applicable laws and terms of the contract	743
and the school's progress in meeting the academic goals prescribed	744
in the contract have been satisfactory. Any contract that is	745
renewed under this division remains subject to the provisions of	746
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	747

(F) If a community school fails to open for operation within	748
one year after the contract entered into under this section is	749
adopted pursuant to division (D) of section 3314.02 of the Revised	750
Code or permanently closes prior to the expiration of the	751
contract, the contract shall be void and the school shall not	752
enter into a contract with any other sponsor. A school shall not	753
be considered permanently closed because the operations of the	754
school have been suspended pursuant to section 3314.072 of the	755
Revised Code. Any contract that becomes void under this division	756
shall not count toward any statewide limit on the number of such	757
contracts prescribed by section 3314.013 of the Revised Code.	758

Sec. 3314.101. Each community school shall do both of the	759
following in the same manner as required of a school district:	760

(A) Comply with the provisions of section 3319.074 of the	761
Revised Code, except that the prohibition in division (B) of that	762
section shall apply only to teachers hired by the school on or	763
after the effective date of this section;	764

(B) Employ as classroom teachers only persons who are	765
licensed under sections 3319.22 to 3319.31 of the Revised Code in	766
a manner that is in compliance with any rules of the state board	767
of education that either implement those sections or otherwise	768
require teachers to teach in the subject areas or grade levels for	769
which they are licensed.	770

A community school may engage persons issued permits under	771
section 3319.301, 3319.302, or 3319.304 of the Revised Code in the	772
same manner as may school districts.	773

Sec. 3314.19. The sponsor of each community school annually	774
shall provide the following assurances in writing to the	775
department of education not later than ten business days prior to	776
the opening of the school:	777

(A) That a current copy of the contract between the sponsor	778
and the governing authority of the school entered into under	779
section 3314.03 of the Revised Code has been filed with the state	780
office of community schools established under section 3314.11 of	781
the Revised Code and that any subsequent modifications to that	782
contract will be filed with the office;	783

(B) That the school has submitted to the sponsor a plan for	784
providing special education and related services to students with	785
disabilities and has demonstrated the capacity to provide those	786
services in accordance with Chapter 3323. of the Revised Code and	787
federal law;	788

(C) That the school has a plan and procedures for	789
administering the achievement tests and diagnostic assessments	790
prescribed by sections 3301.0710 and 3301.0715 of the Revised	791
Code;	792

(D) That school personnel have the necessary training,	793
knowledge, and resources to properly use and submit information to	794
all databases maintained by the department for the collection of	795
education data, including the education management information	796
system established under section 3301.0714 of the Revised Code in	797
accordance with methods and timelines established under section	798
3314.17 of the Revised Code;	799

(E) That all required information about the school has been	800
submitted to the Ohio education directory system or any successor	801
system;	802

(F) That the school will enroll at least the minimum number	803
of students required by division (A)(11)(a) of section 3314.03 of	804
the Revised Code in the school year for which the assurances are	805
provided;	806

(G) That all classroom teachers are licensed in accordance	807
with ~~sections 3319.22 to 3319.31 of the Revised Code, except for~~	808
~~noncertificated persons engaged to teach up to twelve hours per~~	809
~~week pursuant to~~ section ~~3319.301~~3314.101 of the Revised Code;	810

(H) That the school's fiscal officer is in compliance with	811
section 3314.011 of the Revised Code;	812

(I) That the school has complied with section 3319.39 of the	813
Revised Code with respect to all employees and that the school has	814
conducted a criminal records check of each of its governing	815
authority members;	816

(J) That the school holds all of the following:

817

(1) Proof of property ownership or a lease for the facilities	818
used by the school;	819

(2) A certificate of occupancy;

820

(3) Liability insurance for the school, as required by	821
division (A)(11)(b) of section 3314.03 of the Revised Code, that	822
the sponsor considers sufficient to indemnify the school's	823
facilities, staff, and governing authority against risk;	824

(4) A satisfactory health and safety inspection;

825

(5) A satisfactory fire inspection;

826

(6) A valid food permit, if applicable.

827

(K) That the sponsor has conducted a pre-opening site visit	828
to the school for the school year for which the assurances are	829
provided;	830

(L) That the school has designated a date it will open for	831
the school year for which the assurances are provided that is in	832
compliance with division (A)(25) of section 3314.03 of the Revised	833
Code;	834

(M) That the school has met all of the sponsor's requirements	835
for opening and any other requirements of the sponsor.	836

Sec. 3314.21. (A) As used in this section:

837

(1) "Harmful to juveniles" has the same meaning as in section	838
2907.01 of the Revised Code.	839

(2) "Obscene" has the same meaning as in division (F) of	840
section 2907.01 of the Revised Code as that division has been	841
construed by the supreme court of this state.	842

(3) "Teacher of record" means a teacher who is responsible	843
for the overall academic development and achievement of a student	844
and not merely the student's instruction in any single subject.	845

(B)~~(1)It~~(1) It is the intent of the general assembly that	846
teachers employed by internet- or computer-based community schools	847
conduct visits with their students in person throughout the school	848
year.	849

(2) Each internet- or computer-based community school shall	850
retain an affiliation with at least one full-time teacher of	851
record licensed in accordance with ~~division (A)(10) of~~ section	852
~~3314.03~~3314.101 of the Revised Code.	853

(3) Each student enrolled in an internet- or computer-based	854
community school shall be assigned to at least one teacher of	855
record. No teacher of record shall be primarily responsible for	856
the academic development and achievement of more than one hundred	857
twenty-five students enrolled in the internet- or computer-based	858
community school that has retained that teacher.	859

(C) For any internet- or computer-based community school, the	860
contract between the sponsor and the governing authority of the	861
school described in section 3314.03 of the Revised Code shall	862
specify each of the following:	863

(1) A requirement that the school use a filtering device or	864
install filtering software that protects against internet access	865
to materials that are obscene or harmful to juveniles on each	866
computer provided to students for instructional use. The school	867
shall provide such device or software at no cost to any student	868
who works primarily from the student's residence on a computer	869
obtained from a source other than the school.	870

(2) A plan for fulfilling the intent of the general assembly	871
specified in division (B)(1) of this section. The plan shall	872
indicate the number of times teachers will visit each student	873
throughout the school year and the manner in which those visits	874
will be conducted.	875

(3) That the school will set up a central base of operation	876
and the sponsor will maintain a representative within fifty miles	877
of that base of operation to provide monitoring and assistance.	878

Sec. 3314.38. (A) Each community school shall maintain in an	879
orderly manner the complete educational records of each student	880
who is or has been enrolled in the school. Upon request, the	881
community school promptly shall forward a student's educational	882
records to any public or nonpublic school in which the student	883
enrolls after withdrawing from or completing the highest grade	884
offered by the community school.	885

(B) The state board of education shall adopt rules under	886
Chapter 119. of the Revised Code prescribing the process and forms	887
for community schools to use when forwarding student educational	888
records to another school.	889

Sec. 3314.39. (A) The department of education shall conduct	890
an on-site visit of each community school at least every three	891
years to evaluate the school's operations. During each visit, the	892
department shall do all of the following:	893

(1) Determine if the school has complied with the terms of	894
the contract with its sponsor;	895

(2) Determine if the school has complied with all laws	896
regarding community school academic and fiscal accountability and	897
with all other applicable laws and administrative rules;	898

(3) Corroborate the information reported to the department by	899
the sponsor under division (D)(3) of section 3314.03 of the	900
Revised Code;	901

(4) Review the school's progress in implementing a continuous	902
improvement plan developed under division (B) of section 3302.04	903
of the Revised Code, if applicable.	904

(B) Each on-site visit conducted under this section may	905
include school tours, classroom observations, and interviews with	906
administrators, teachers, other school staff, parents, or	907
students.	908

(C) Each community school shall provide any data, documents,	909
or other materials the department considers necessary to enable it	910
to conduct a thorough on-site visit.	911

(D) Upon completion of each on-site visit, the department	912
shall issue a written report summarizing its findings. The	913
department shall provide a copy of the report to the sponsor and	914
governing authority of the community school. The sponsor or the	915
governing authority may submit factual corrections to the	916
department by a deadline established by the department. Upon	917
receipt of any factual corrections, the department shall revise	918
the report and issue a final version. The department shall post	919
the final version of the report on its web site.	920

(E) The sponsor of a community school may consider findings	921
contained in the report issued under division (D) of this section	922
in deciding whether to place the school in probationary status	923
pursuant to section 3314.073 of the Revised Code, suspend the	924
operation of the school pursuant to section 3314.072 of the	925
Revised Code, or terminate the school's contract pursuant to	926
section 3314.07 of the Revised Code. If the sponsor fails to take	927
any of these actions that the department determines are warranted	928
based on the findings in the report, the department may revoke the	929
sponsor's approval to sponsor community schools in accordance with	930
division (C) of section 3314.015 of the Revised Code.	931

(F) Any on-site visit required by this section may be	932
conducted in conjunction with a site evaluation required under	933
division (D) of section 3302.04 of the Revised Code.	934

(G) The state board of education shall adopt rules to	935
implement this section.	936

Section 2. That existing sections 3302.03, 3313.672,	937
3314.012, 3314.015, 3314.03, 3314.19, and 3314.21 of the Revised	938
Code are hereby repealed.	939