|
|
| To amend sections 117.11, 3314.03, 3314.072, and | 1 |
| 3314.19 and to enact sections 117.103 and 3314.40 | 2 |
| of the Revised Code regarding the application of | 3 |
| the Public Records Law and Public Audit Law to | 4 |
| community school sponsors and operators and | 5 |
| sanctions for community schools in arrears on | 6 |
| workers' compensation payments. | 7 |
| Section 1. That sections 117.11, 3314.03, 3314.072, and | 8 |
| 3314.19 be amended and sections 117.103 and 3314.40 of the Revised | 9 |
| Code be enacted to read as follows: | 10 |
| Sec. 117.103. (A) As used in this section: | 11 |
| (1) "Community school" means a school established under | 12 |
| Chapter 3314. of the Revised Code. | 13 |
| (2) "Operator" has the same meaning as in section 3314.014 of | 14 |
| the Revised Code. | 15 |
| (B) The auditor of state annually shall audit each community | 16 |
| school operator and each community school sponsor described in | 17 |
| division (C)(1) of section 3314.02 or section 3314.021 of the | 18 |
| Revised Code or Section 6 of Am. Sub. H.B. 364 of the 124th | 19 |
| general assembly. In the case of a nonpublic operator or sponsor, | 20 |
| the audit shall cover only those accounts, reports, records, and | 21 |
| files regarding the operator's or sponsor's receipt or | 22 |
| expenditure of public funds relating to the operation or | 23 |
| sponsorship of a community school. | 24 |
| Sec. 117.11. (A) Except as otherwise provided in this | 25 |
| division and in sections 117.103, 117.112, and 117.113 of the | 26 |
| Revised Code, the auditor of state shall audit each public | 27 |
| office at least once every two fiscal years. The auditor of state | 28 |
| shall audit a public office each fiscal year if that public | 29 |
| office is required to be audited on an annual basis pursuant to | 30 |
| "The Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 | 31 |
| et seq., as amended. In the annual or biennial audit, inquiry | 32 |
| shall be made into the methods, accuracy, and legality of the | 33 |
| accounts, financial reports, records, files, and reports of the | 34 |
| office, whether the laws, rules, ordinances, and orders | 35 |
| pertaining to the office have been observed, and whether the | 36 |
| requirements and rules of the auditor of state have been | 37 |
| complied with. Except as otherwise provided in this division or | 38 |
| where auditing standards or procedures dictate otherwise, each | 39 |
| audit shall cover at least one fiscal year. If a public office is | 40 |
| audited only once every two fiscal years, the audit shall cover | 41 |
| both fiscal years. | 42 |
| (B) In addition to the annual or biennial audit provided for | 43 |
| in division (A) of this section, the auditor of state may conduct | 44 |
| an audit of a public office at any time when so requested by the | 45 |
| public office or upon the auditor of state's own initiative if the | 46 |
| auditor of state has reasonable cause to believe that an | 47 |
| additional audit is in the public interest. | 48 |
| (C)(1) The auditor of state shall identify any public office | 49 |
| in which the auditor of state will be unable to conduct an audit | 50 |
| at least once every two fiscal years as required by division (A) | 51 |
| of this section and shall provide immediate written notice to the | 52 |
| clerk of the legislative authority or governing board of the | 53 |
| public office so identified. Within six months of the receipt of | 54 |
| such notice, the legislative authority or governing board may | 55 |
| engage an independent certified public accountant to conduct an | 56 |
| audit pursuant to section 117.12 of the Revised Code. | 57 |
| (2) When the chief fiscal officer of a public office notifies | 58 |
| the auditor of state that an audit is required at a time prior to | 59 |
| the next regularly scheduled audit by the auditor of state, the | 60 |
| auditor of state shall either cause an earlier audit to be made by | 61 |
| the auditor of state or authorize the legislative authority or | 62 |
| governing board of the public office to engage an independent | 63 |
| certified public accountant to conduct the required audit. The | 64 |
| scope of the audit shall be as authorized by the auditor of state. | 65 |
| (3) The auditor of state shall approve the scope of an audit | 66 |
| under division (C)(1) or (2) of this section as set forth in the | 67 |
| contract for the proposed audit before the contract is executed on | 68 |
| behalf of the public office that is to be audited. The independent | 69 |
| accountant conducting an audit under division (C)(1) or (2) of | 70 |
| this section shall be paid by the public office. | 71 |
| (D) If a uniform accounting network is established under | 72 |
| section 117.101 of the Revised Code, the auditor of state or a | 73 |
| certified public accountant employed pursuant to this section or | 74 |
| section 115.56 or 117.112 of the Revised Code shall, to the extent | 75 |
| practicable, utilize services offered by the network in order to | 76 |
| conduct efficient and economical audits of public offices. | 77 |
| (E) The auditor of state shall, in accordance with division | 78 |
| (A)(3) of section 9.65 of the Revised Code and this section, audit | 79 |
| an annuity program for volunteer fire fighters established by a | 80 |
| political subdivision under section 9.65 of the Revised Code. As | 81 |
| used in this section, "volunteer fire fighters" and "political | 82 |
| subdivision" have the same meanings as in division (C) of section | 83 |
| 9.65 of the Revised Code. | 84 |
| Sec. 3314.03. A copy of every contract entered into under | 85 |
| this section shall be filed with the superintendent of public | 86 |
| instruction. | 87 |
| (A) Each contract entered into between a sponsor and the | 88 |
| governing authority of a community school shall specify the | 89 |
| following: | 90 |
| (1) That the school shall be established as either of the | 91 |
| following: | 92 |
| (a) A nonprofit corporation established under Chapter 1702. | 93 |
| of the Revised Code, if established prior to April 8, 2003; | 94 |
| (b) A public benefit corporation established under Chapter | 95 |
| 1702. of the Revised Code, if established after April 8, 2003; | 96 |
| (2) The education program of the school, including the | 97 |
| school's mission, the characteristics of the students the school | 98 |
| is expected to attract, the ages and grades of students, and the | 99 |
| focus of the curriculum; | 100 |
| (3) The academic goals to be achieved and the method of | 101 |
| measurement that will be used to determine progress toward those | 102 |
| goals, which shall include the statewide achievement tests; | 103 |
| (4) Performance standards by which the success of the school | 104 |
| will be evaluated by the sponsor; | 105 |
| (5) The admission standards of section 3314.06 of the Revised | 106 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 107 |
| (6)(a) Dismissal procedures; | 108 |
| (b) A requirement that the governing authority adopt an | 109 |
| attendance policy that includes a procedure for automatically | 110 |
| withdrawing a student from the school if the student without a | 111 |
| legitimate excuse fails to participate in one hundred five | 112 |
| consecutive hours of the learning opportunities offered to the | 113 |
| student. | 114 |
| (7) The ways by which the school will achieve racial and | 115 |
| ethnic balance reflective of the community it serves; | 116 |
| (8) Requirements for financial audits by the auditor of | 117 |
| state. The contract shall require financial records of the school | 118 |
| to be maintained in the same manner as are financial records of | 119 |
| school districts, pursuant to rules of the auditor of state, and | 120 |
| the audits shall be conducted in accordance with section 117.10 of | 121 |
| the Revised Code. | 122 |
| (9) The facilities to be used and their locations; | 123 |
| (10) Qualifications of teachers, including a requirement that | 124 |
| the school's classroom teachers be licensed in accordance with | 125 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 126 |
| community school may engage noncertificated persons to teach up to | 127 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 128 |
| Code; | 129 |
| (11) That the school will comply with the following | 130 |
| requirements: | 131 |
| (a) The school will provide learning opportunities to a | 132 |
| minimum of twenty-five students for a minimum of nine hundred | 133 |
| twenty hours per school year; | 134 |
| (b) The governing authority will purchase liability | 135 |
| insurance, or otherwise provide for the potential liability of the | 136 |
| school; | 137 |
| (c) The school will be nonsectarian in its programs, | 138 |
| admission policies, employment practices, and all other | 139 |
| operations, and will not be operated by a sectarian school or | 140 |
| religious institution; | 141 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 142 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 143 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 144 |
| 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66, | 145 |
| 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, | 146 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80, | 147 |
| 3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321, | 148 |
| 3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, | 149 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 150 |
| Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 151 |
| and 4167. of the Revised Code as if it were a school district and | 152 |
| will comply with section 3301.0714 of the Revised Code in the | 153 |
| manner specified in section 3314.17 of the Revised Code; | 154 |
| (e) The school shall comply with Chapter 102. and section | 155 |
| 2921.42 of the Revised Code; | 156 |
| (f) The school will comply with sections 3313.61, 3313.611, | 157 |
| and 3313.614 of the Revised Code, except that for students who | 158 |
| enter ninth grade for the first time before July 1, 2010, the | 159 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 160 |
| that a person must successfully complete the curriculum in any | 161 |
| high school prior to receiving a high school diploma may be met by | 162 |
| completing the curriculum adopted by the governing authority of | 163 |
| the community school rather than the curriculum specified in Title | 164 |
| XXXIII of the Revised Code or any rules of the state board of | 165 |
| education. Beginning with students who enter ninth grade for the | 166 |
| first time on or after July 1, 2010, the requirement in sections | 167 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 168 |
| successfully complete the curriculum of a high school prior to | 169 |
| receiving a high school diploma shall be met by completing the | 170 |
| Ohio core curriculum prescribed in division (C) of section | 171 |
| 3313.603 of the Revised Code, unless the person qualifies under | 172 |
| division (D) or (F) of that section. Each school shall comply with | 173 |
| the plan for awarding high school credit based on demonstration of | 174 |
| subject area competency, adopted by the state board of education | 175 |
| under division (J) of section 3313.603 of the Revised Code. | 176 |
| (g) The school governing authority will submit within four | 177 |
| months after the end of each school year a report of its | 178 |
| activities and progress in meeting the goals and standards of | 179 |
| divisions (A)(3) and (4) of this section and its financial status | 180 |
| to the sponsor and the parents of all students enrolled in the | 181 |
| school. | 182 |
| (h) The school, unless it is an internet- or computer-based | 183 |
| community school, will comply with section 3313.801 of the Revised | 184 |
| Code as if it were a school district. | 185 |
| (12) Arrangements for providing health and other benefits to | 186 |
| employees; | 187 |
| (13) The length of the contract, which shall begin at the | 188 |
| beginning of an academic year. No contract shall exceed five years | 189 |
| unless such contract has been renewed pursuant to division (E) of | 190 |
| this section. | 191 |
| (14) The governing authority of the school, which shall be | 192 |
| responsible for carrying out the provisions of the contract; | 193 |
| (15) A financial plan detailing an estimated school budget | 194 |
| for each year of the period of the contract and specifying the | 195 |
| total estimated per pupil expenditure amount for each such year. | 196 |
| The plan shall specify for each year the base formula amount that | 197 |
| will be used for purposes of funding calculations under section | 198 |
| 3314.08 of the Revised Code. This base formula amount for any year | 199 |
| shall not exceed the formula amount defined under section 3317.02 | 200 |
| of the Revised Code. The plan may also specify for any year a | 201 |
| percentage figure to be used for reducing the per pupil amount of | 202 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 203 |
| Code the school is to receive that year under section 3314.08 of | 204 |
| the Revised Code. | 205 |
| (16) Requirements and procedures regarding the disposition of | 206 |
| employees of the school in the event the contract is terminated or | 207 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 208 |
| (17) Whether the school is to be created by converting all or | 209 |
| part of an existing public school or is to be a new start-up | 210 |
| school, and if it is a converted public school, specification of | 211 |
| any duties or responsibilities of an employer that the board of | 212 |
| education that operated the school before conversion is delegating | 213 |
| to the governing board of the community school with respect to all | 214 |
| or any specified group of employees provided the delegation is not | 215 |
| prohibited by a collective bargaining agreement applicable to such | 216 |
| employees; | 217 |
| (18) Provisions establishing procedures for resolving | 218 |
| disputes or differences of opinion between the sponsor and the | 219 |
| governing authority of the community school; | 220 |
| (19) A provision requiring the governing authority to adopt a | 221 |
| policy regarding the admission of students who reside outside the | 222 |
| district in which the school is located. That policy shall comply | 223 |
| with the admissions procedures specified in sections 3314.06 and | 224 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 225 |
| authority, shall do one of the following: | 226 |
| (a) Prohibit the enrollment of students who reside outside | 227 |
| the district in which the school is located; | 228 |
| (b) Permit the enrollment of students who reside in districts | 229 |
| adjacent to the district in which the school is located; | 230 |
| (c) Permit the enrollment of students who reside in any other | 231 |
| district in the state. | 232 |
| (20) A provision recognizing the authority of the department | 233 |
| of education to take over the sponsorship of the school in | 234 |
| accordance with the provisions of division (C) of section 3314.015 | 235 |
| of the Revised Code; | 236 |
| (21) A provision recognizing the sponsor's authority to | 237 |
| assume the operation of a school under the conditions specified in | 238 |
| division (B) of section 3314.073 of the Revised Code; | 239 |
| (22) A provision recognizing both of the following: | 240 |
| (a) The authority of public health and safety officials to | 241 |
| inspect the facilities of the school and to order the facilities | 242 |
| closed if those officials find that the facilities are not in | 243 |
| compliance with health and safety laws and regulations; | 244 |
| (b) The authority of the department of education as the | 245 |
| community school oversight body to suspend the operation of the | 246 |
| school under section 3314.072 of the Revised Code if the | 247 |
| department has evidence of conditions or violations of law at the | 248 |
| school that pose an imminent danger to the health and safety of | 249 |
| the school's students and employees and the sponsor refuses to | 250 |
| take such action; | 251 |
| (23) A description of the learning opportunities that will be | 252 |
| offered to students including both classroom-based and | 253 |
| non-classroom-based learning opportunities that is in compliance | 254 |
| with criteria for student participation established by the | 255 |
| department under division (L)(2) of section 3314.08 of the Revised | 256 |
| Code; | 257 |
| (24) The school will comply with section 3302.04 of the | 258 |
| Revised Code, including division (E) of that section to the extent | 259 |
| possible, except that any action required to be taken by a school | 260 |
| district pursuant to that section shall be taken by the sponsor of | 261 |
| the school. However, the sponsor shall not be required to take any | 262 |
| action described in division (F) of that section. | 263 |
| (25) Beginning in the 2006-2007 school year, the school will | 264 |
| open for operation not later than the thirtieth day of September | 265 |
| each school year, unless the mission of the school as specified | 266 |
| under division (A)(2) of this section is solely to serve dropouts. | 267 |
| In its initial year of operation, if the school fails to open by | 268 |
| the thirtieth day of September, or within one year after the | 269 |
| adoption of the contract pursuant to division (D) of section | 270 |
| 3314.02 of the Revised Code if the mission of the school is solely | 271 |
| to serve dropouts, the contract shall be void. | 272 |
| (B) The community school shall also submit to the sponsor a | 273 |
| comprehensive plan for the school. The plan shall specify the | 274 |
| following: | 275 |
| (1) The process by which the governing authority of the | 276 |
| school will be selected in the future; | 277 |
| (2) The management and administration of the school; | 278 |
| (3) If the community school is a currently existing public | 279 |
| school, alternative arrangements for current public school | 280 |
| students who choose not to attend the school and teachers who | 281 |
| choose not to teach in the school after conversion; | 282 |
| (4) The instructional program and educational philosophy of | 283 |
| the school; | 284 |
| (5) Internal financial controls. | 285 |
| (C) A contract entered into under section 3314.02 of the | 286 |
| Revised Code between a sponsor and the governing authority of a | 287 |
| community school may provide for the community school governing | 288 |
| authority to make payments to the sponsor, which is hereby | 289 |
| authorized to receive such payments as set forth in the contract | 290 |
| between the governing authority and the sponsor. The total amount | 291 |
| of such payments for oversight and monitoring of the school shall | 292 |
| not exceed three per cent of the total amount of payments for | 293 |
| operating expenses that the school receives from the state. | 294 |
| (D) The contract shall specify the duties of the sponsor | 295 |
| which shall be in accordance with the written agreement entered | 296 |
| into with the department of education under division (B) of | 297 |
| section 3314.015 of the Revised Code and shall include the | 298 |
| following: | 299 |
| (1) Monitor the community school's compliance with all laws | 300 |
| applicable to the school and with the terms of the contract; | 301 |
| (2) Monitor and evaluate the academic and fiscal performance | 302 |
| and the organization and operation of the community school on at | 303 |
| least an annual basis; | 304 |
| (3) Report on an annual basis the results of the evaluation | 305 |
| conducted under division (D)(2) of this section to the department | 306 |
| of education and to the parents of students enrolled in the | 307 |
| community school; | 308 |
| (4) Provide technical assistance to the community school in | 309 |
| complying with laws applicable to the school and terms of the | 310 |
| contract; | 311 |
| (5) Take steps to intervene in the school's operation to | 312 |
| correct problems in the school's overall performance, declare the | 313 |
| school to be on probationary status pursuant to section 3314.073 | 314 |
| of the Revised Code, suspend the operation of the school pursuant | 315 |
| to section 3314.072 of the Revised Code, or terminate the contract | 316 |
| of the school pursuant to section 3314.07 of the Revised Code as | 317 |
| determined necessary by the sponsor; | 318 |
| (6) Have in place a plan of action to be undertaken in the | 319 |
| event the community school experiences financial difficulties or | 320 |
| closes prior to the end of a school year. | 321 |
| (E) Upon the expiration of a contract entered into under this | 322 |
| section, the sponsor of a community school may, with the approval | 323 |
| of the governing authority of the school, renew that contract for | 324 |
| a period of time determined by the sponsor, but not ending earlier | 325 |
| than the end of any school year, if the sponsor finds that the | 326 |
| school's compliance with applicable laws and terms of the contract | 327 |
| and the school's progress in meeting the academic goals prescribed | 328 |
| in the contract have been satisfactory and the sponsor has | 329 |
| received confirmation from the bureau of workers' compensation | 330 |
| that the school does not owe any workers' compensation premiums | 331 |
| under Chapter 4123. of the Revised Code. Any contract that is | 332 |
| renewed under this division remains subject to the provisions of | 333 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 334 |
| (F) If a community school fails to open for operation within | 335 |
| one year after the contract entered into under this section is | 336 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 337 |
| Code or permanently closes prior to the expiration of the | 338 |
| contract, the contract shall be void and the school shall not | 339 |
| enter into a contract with any other sponsor. A school shall not | 340 |
| be considered permanently closed because the operations of the | 341 |
| school have been suspended pursuant to section 3314.072 of the | 342 |
| Revised Code. Any contract that becomes void under this division | 343 |
| shall not count toward any statewide limit on the number of such | 344 |
| contracts prescribed by section 3314.013 of the Revised Code. | 345 |
| Sec. 3314.072. The provisions of this section are enacted to | 346 |
| promote the public health, safety, and welfare by establishing | 347 |
| procedures under which the governing authorities of community | 348 |
| schools established under this chapter will be held accountable | 349 |
| for their compliance with the terms of the contracts they enter | 350 |
| into with their school's sponsors and the law relating to the | 351 |
| school's operation. Suspension of the operation of a school | 352 |
| imposed under this section is intended to encourage the governing | 353 |
| authority's compliance with the terms of the school's contract and | 354 |
| the law and is not intended to be an alteration of the terms of | 355 |
| that contract. | 356 |
| (A) If a sponsor of a community school established under this | 357 |
| chapter suspends the operation of that school pursuant to | 358 |
| procedures set forth in this section, the governing authority | 359 |
| shall not operate that school while the suspension is in effect. | 360 |
| Any such suspension shall remain in effect until the sponsor | 361 |
| notifies the governing authority that it is no longer in effect. | 362 |
| The contract of a school of which operation is suspended under | 363 |
| this section also may be subject to termination or nonrenewal | 364 |
| under section 3314.07 of the Revised Code. | 365 |
| (B) If at any time conditions at the school do not comply | 366 |
| with a health and safety standard established by law for school | 367 |
| buildings or the sponsor determines that the school is more than | 368 |
| one year overdue in its workers' compensation premiums under | 369 |
| Chapter 4123. of the Revised Code, the sponsor shall immediately | 370 |
| suspend the operation of the school pursuant to procedures set | 371 |
| forth in division (D) of this section. If the sponsor fails to | 372 |
| take action to suspend the operation of a school to which this | 373 |
| division applies, the department of education may take such | 374 |
| action. | 375 |
| (C)(1) For any of the reasons prescribed in division | 376 |
| (B)(1)(a) to (d) of section 3314.07 of the Revised Code, the | 377 |
| sponsor of a community school established under this chapter may | 378 |
| suspend the operation of the school only if it first issues to the | 379 |
| governing authority notice of the sponsor's intent to suspend the | 380 |
| operation of the contract. Such notice shall explain the reasons | 381 |
| for the sponsor's intent to suspend operation of the contract and | 382 |
| shall provide the school's governing authority with five business | 383 |
| days to submit to the sponsor a proposal to remedy the conditions | 384 |
| cited as reasons for the suspension. | 385 |
| (2) The sponsor shall promptly review any proposed remedy | 386 |
| timely submitted by the governing authority and either approve or | 387 |
| disapprove the remedy. If the sponsor disapproves the remedy | 388 |
| proposed by the governing authority, if the governing authority | 389 |
| fails to submit a proposed remedy in the manner prescribed by the | 390 |
| sponsor, or if the governing authority fails to implement the | 391 |
| remedy as approved by the sponsor, the sponsor may suspend | 392 |
| operation of the school pursuant to procedures set forth in | 393 |
| division (D) of this section. | 394 |
| (D)(1) If division (B) of this section applies or if the | 395 |
| sponsor of a community school established under this chapter | 396 |
| decides to suspend the operation of a school as permitted in | 397 |
| division (C)(2) of this section, the sponsor shall promptly send | 398 |
| written notice to the governing authority stating that the | 399 |
| operation of the school is immediately suspended, and explaining | 400 |
| the specific reasons for the suspension. The notice shall state | 401 |
| that the governing authority has five business days to submit a | 402 |
| proposed remedy to the conditions cited as reasons for the | 403 |
| suspension or face potential contract termination. | 404 |
| (2) Upon receipt of the notice of suspension prescribed under | 405 |
| division (D)(1) of this section, the governing authority shall | 406 |
| immediately notify the employees of the school and the parents of | 407 |
| the students enrolled in the school of the suspension and the | 408 |
| reasons therefore, and shall cease all school operations on the | 409 |
| next business day. | 410 |
| Sec. 3314.19. The sponsor of each community school annually | 411 |
| shall provide the following assurances in writing to the | 412 |
| department of education not later than ten business days prior to | 413 |
| the opening of the school: | 414 |
| (A) That a current copy of the contract between the sponsor | 415 |
| and the governing authority of the school entered into under | 416 |
| section 3314.03 of the Revised Code has been filed with the state | 417 |
| office of community schools established under section 3314.11 of | 418 |
| the Revised Code and that any subsequent modifications to that | 419 |
| contract will be filed with the office; | 420 |
| (B) That the school has submitted to the sponsor a plan for | 421 |
| providing special education and related services to students with | 422 |
| disabilities and has demonstrated the capacity to provide those | 423 |
| services in accordance with Chapter 3323. of the Revised Code and | 424 |
| federal law; | 425 |
| (C) That the school has a plan and procedures for | 426 |
| administering the achievement tests and diagnostic assessments | 427 |
| prescribed by sections 3301.0710 and 3301.0715 of the Revised | 428 |
| Code; | 429 |
| (D) That school personnel have the necessary training, | 430 |
| knowledge, and resources to properly use and submit information to | 431 |
| all databases maintained by the department for the collection of | 432 |
| education data, including the education management information | 433 |
| system established under section 3301.0714 of the Revised Code in | 434 |
| accordance with methods and timelines established under section | 435 |
| 3314.17 of the Revised Code; | 436 |
| (E) That all required information about the school has been | 437 |
| submitted to the Ohio education directory system or any successor | 438 |
| system; | 439 |
| (F) That the school will enroll at least the minimum number | 440 |
| of students required by division (A)(11)(a) of section 3314.03 of | 441 |
| the Revised Code in the school year for which the assurances are | 442 |
| provided; | 443 |
| (G) That all classroom teachers are licensed in accordance | 444 |
| with sections 3319.22 to 3319.31 of the Revised Code, except for | 445 |
| noncertificated persons engaged to teach up to twelve hours per | 446 |
| week pursuant to section 3319.301 of the Revised Code; | 447 |
| (H) That the school's fiscal officer is in compliance with | 448 |
| section 3314.011 of the Revised Code; | 449 |
| (I) That the school has complied with section 3319.39 of the | 450 |
| Revised Code with respect to all employees and that the school has | 451 |
| conducted a criminal records check of each of its governing | 452 |
| authority members; | 453 |
| (J) That the school holds all of the following: | 454 |
| (1) Proof of property ownership or a lease for the facilities | 455 |
| used by the school; | 456 |
| (2) A certificate of occupancy; | 457 |
| (3) Liability insurance for the school, as required by | 458 |
| division (A)(11)(b) of section 3314.03 of the Revised Code, that | 459 |
| the sponsor considers sufficient to indemnify the school's | 460 |
| facilities, staff, and governing authority against risk; | 461 |
| (4) A satisfactory health and safety inspection; | 462 |
| (5) A satisfactory fire inspection; | 463 |
| (6) A valid food permit, if applicable. | 464 |
| (K) That the sponsor has conducted a pre-opening site visit | 465 |
| to the school for the school year for which the assurances are | 466 |
| provided; | 467 |
| (L) That the school has designated a date it will open for | 468 |
| the school year for which the assurances are provided that is in | 469 |
| compliance with division (A)(25) of section 3314.03 of the Revised | 470 |
| Code; | 471 |
| (M) That the sponsor has requested and received from the | 472 |
| bureau of workers' compensation an accounting of the school's | 473 |
| payment of its annual workers' compensation premiums under | 474 |
| Chapter 4123. of the Revised Code through the first day of July | 475 |
| of the school year for which the assurances are provided; | 476 |
| (N) That the school has met all of the sponsor's requirements | 477 |
| for opening and any other requirements of the sponsor. | 478 |
| Sec. 3314.40. Each nonpublic operator of a community school | 479 |
| and each nonpublic entity that sponsors a community school shall | 480 |
| comply with section 149.43 of the Revised Code as if it were a | 481 |
| public office with respect to all records pertaining to the | 482 |
| management or sponsorship of the school. | 483 |
| Section 2. That existing sections 117.11, 3314.03, 3314.072, | 484 |
| and 3314.19 of the Revised Code are hereby repealed. | 485 |