As Reported by the Senate Education Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 290

Representatives Bubp, Pryor 

Cosponsors: Representatives Adams, J., Adams, R., Balderson, Blair, Burke, Daniels, Derickson, Domenick, Fende, Gardner, Grossman, Hackett, Huffman, Jordan, Lehner, Letson, Luckie, Maag, Martin, McGregor, Mecklenborg, Morgan, Murray, Okey, Pillich, Ruhl, Sears, Snitchler, Stebelton, Uecker, Wagner, Williams, B., Yuko, Driehaus, Garland, Gerberry, Harris, Lundy, Moran, Phillips, Weddington, Evans, Hite, Bacon, Boose, Brown, Carney, Combs, DeBose, Dyer, Goyal, Harwood, Mandel, McClain, Patten, Skindell, Slesnick, Winburn, Zehringer 

Senators Cates, Schuring, Fedor 

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A BILL

To amend sections 3306.51, 3306.53, 3306.54, 3306.55,

1

3306.58, 3313.603, 3314.028, and 3314.35 and to

2

enact section 3306.59 of the Revised Code to

3

include Junior ROTC as a permitted elective within

4

the Ohio Core curriculum, to permit schools to

5

excuse Junior ROTC students from high school

6

physical education, to clarify the conditions

7

under which a community school must close for poor

8

academic performance, to specify conditions under

9

which certain community schools may obtain new

10

sponsors, to extend the deadline for certain

11

school districts to secure voter approval of bonds

12

and tax levies for the districts' shares of

13

state-assisted classroom facilities projects, to

14

make performance of the Harmon Commission's duties

15

contingent on the availability of funding, and to

16

declare an emergency.

17

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

Section 1. That sections 3306.51, 3306.53, 3306.54, 3306.55,	18
3306.58, 3313.603, 3314.028, and 3314.35 be amended and section	19
3306.59 of the Revised Code be enacted to read as follows:	20

Sec. 3306.51.  The Harmon commission shall review and approve	21
or disapprove applications from city, exempted village, and local	22
school districts and community schools established under Chapter	23
3314. of the Revised Code for individual classrooms to be	24
designated as creative learning environments. To be eligible for	25
designation of one or more of its classrooms as a creative	26
learning environment, a community school shall enter into a	27
memorandum of understanding, approved by the department of	28
education, with one or more school districts that specifies a	29
collaborative agreement to share programming and resources to	30
promote successful academic achievement for students and academic	31
and fiscal efficiencies.	32

The commission shall designate a classroom as a creative	33
learning environment if the commission determines that the	34
classroom supports and emphasizes innovation in instruction	35
methods and lesson plans and operates in accordance with the	36
guidelines adopted by the state board of education under section	37
3306.52 of the Revised Code. Beginning July 1, 2010, aA district	38
or community school that has a classroom that is designated a	39
creative learning environment may qualify for a grant or subsidy	40
awarded by the commission under section 3306.58 of the Revised	41
Code.	42

Sec. 3306.53. From January 1, 2010, through April 14, 2010,	43
The superintendent of public instruction shall establish an	44
application period during which a city, exempted village, or local	45
school district and a community school may submit to the Harmon	46
commission an unlimited number of applications for first-time	47
designation of individual classrooms as creative learning	48
environments. No applications may be submitted between April 15,	49
2010, and July 1, 2010. After July 1, 2010After that application	50
period, each city, exempted village, or local school district and	51
each eligible community school may submit only one application per	52
fiscal year for first-time designation of one classroom as a	53
creative learning environment.	54

Sec. 3306.54. Not later than the first day of May each year	55
Following the end of the initial application period established	56
under section 3306.53 of the Revised Code, the Harmon commission	57
shall begin meetingmeet to review pending applications for	58
first-time designations submitted under that section 3306.53 of	59
the Revised Code. The commission shall approve or disapprove all	60
pending applications by the first day of Julynot later than two	61
months after the end of the application period. The decision of	62
the commission is final.	63

Sec. 3306.55.  (A) The Harmon commission's first-time	64
designation of a classroom as a creative learning environment is	65
valid for onethe first full fiscal year following approval of the	66
application under section 3306.54 of the Revised Code. A school	67
district or community school may apply to have the designation	68
renewed. The commission shall renew the designation for the next	69
two fiscal years if the school district or community school	70
applies for the renewal and the commission finds that the	71
classroom continues to meet the guidelines adopted under section	72
3306.52 of the Revised Code. The commission shall not renew the	73
designation if the school district or community school does not	74
apply for renewal or if the commission determines that the	75
classroom no longer meets those guidelines.	76

(B) At the end of a two-year renewal granted under division	77
(A) of this section, and every two fiscal years thereafter, the	78
designation of a classroom as a creative learning environment is	79
automatically renewed, without need for application, for the next	80
two fiscal years, unless the designation is revoked under division	81
(C) of this section.	82

(C) If the department of education at any time finds that the	83
classroom is no longer operating in accordance with the standards	84
adopted under section 3306.52 of the Revised Code, the department	85
shall appeal the designation to the commission not later than the	86
fifteenth day of February. The commission shall review the	87
operation of the classroom and either continue the designation or	88
revoke the designation. A revocation shall take effect on the	89
first day of July following the department's appeal.	90

(D) The decision of the commission under divisions (A) to (C)	91
of this section is final.	92

(E) If the commission does not renew a designation of a	93
classroom under division (A) of this section or revokes that	94
designation under division (C) of this section, the district or	95
community school may reapply for designation of the classroom	96
under section 3306.53 of the Revised Code. That application shall	97
be treated as a new application for first-time designation.	98

Sec. 3306.58. Beginning July 1, 2010, toTo the extent the	99
Harmon commission determines that sufficient funds are available,	100
the commission may award grants or stipends to school districts	101
and community schools that have one or more of their classrooms	102
designated as creative learning environments under section 3306.51	103
of the Revised Code. The commission shall adopt procedures for	104
application for and the award of grants or stipends under this	105
section.	106

Sec. 3306.59.  Sections 3306.50 to 3306.58 of the Revised	107
Code shall be implemented unless the general assembly does not	108
appropriate funds to perform the duties prescribed by those	109
sections or the superintendent of public instruction determines	110
that sufficient funds are not available for that purpose.	111

Sec. 3313.603.  (A) As used in this section:

112

(1) "One unit" means a minimum of one hundred twenty hours of	113
course instruction, except that for a laboratory course, "one	114
unit" means a minimum of one hundred fifty hours of course	115
instruction.	116

(2) "One-half unit" means a minimum of sixty hours of course	117
instruction, except that for physical education courses, "one-half	118
unit" means a minimum of one hundred twenty hours of course	119
instruction.	120

(B) Beginning September 15, 2001, except as required in	121
division (C) of this section and division (C) of section 3313.614	122
of the Revised Code, the requirements for graduation from every	123
high school shall include twenty units earned in grades nine	124
through twelve and shall be distributed as follows:	125

(1) English language arts, four units;

126

(2) Health, one-half unit;

127

(3) Mathematics, three units;

128

(4) Physical education, one-half unit;

129

(5) Science, two units until September 15, 2003, and three	130
units thereafter, which at all times shall include both of the	131
following:	132

(a) Biological sciences, one unit;

133

(b) Physical sciences, one unit.

134

(6) Social studies, three units, which shall include both of	135
the following:	136

(a) American history, one-half unit;

137

(b) American government, one-half unit.

138

(7) Elective units, seven units until September 15, 2003, and	139
six units thereafter.	140

Each student's electives shall include at least one unit, or	141
two half units, chosen from among the areas of	142
business/technology, fine arts, and/or foreign language.	143

(C) Beginning with students who enter ninth grade for the	144
first time on or after July 1, 2010, except as provided in	145
divisions (D) to (F) of this section, the requirements for	146
graduation from every public and chartered nonpublic high school	147
shall include twenty units that are designed to prepare students	148
for the workforce and college. The units shall be distributed as	149
follows:	150

(1) English language arts, four units;

151

(2) Health, one-half unit;

152

(3) Mathematics, four units, which shall include one unit of	153
algebra II or the equivalent of algebra II;	154

(4) Physical education, one-half unit;

155

(5) Science, three units with inquiry-based laboratory	156
experience that engages students in asking valid scientific	157
questions and gathering and analyzing information, which shall	158
include the following, or their equivalent:	159

(a) Physical sciences, one unit;

160

(b) Life sciences, one unit;

161

(c) Advanced study in one or more of the following sciences,	162
one unit:	163

(i) Chemistry, physics, or other physical science;

164

(ii) Advanced biology or other life science;

165

(iii) Astronomy, physical geology, or other earth or space	166
science.	167

(6) Social studies, three units, which shall include both of	168
the following:	169

(a) American history, one-half unit;

170

(b) American government, one-half unit.

171

Each school shall integrate the study of economics and	172
financial literacy, as expressed in the social studies academic	173
content standards adopted by the state board of education under	174
division (A)(1) of section 3301.079 of the Revised Code and the	175
academic content standards for financial literacy and	176
entrepreneurship adopted under division (A)(2) of that section,	177
into one or more existing social studies credits required under	178
division (C)(6) of this section, or into the content of another	179
class, so that every high school student receives instruction in	180
those concepts. In developing the curriculum required by this	181
paragraph, schools shall use available public-private partnerships	182
and resources and materials that exist in business, industry, and	183
through the centers for economics education at institutions of	184
higher education in the state.	185

(7) Five units consisting of one or any combination of	186
foreign language, fine arts, business, career-technical education,	187
family and consumer sciences, technology, agricultural education,	188
a junior reserve officer training corps (JROTC) program approved	189
by the congress of the United States under title 10 of the United	190
States Code, or English language arts, mathematics, science, or	191
social studies courses not otherwise required under division (C)	192
of this section.	193

Ohioans must be prepared to apply increased knowledge and	194
skills in the workplace and to adapt their knowledge and skills	195
quickly to meet the rapidly changing conditions of the	196
twenty-first century. National studies indicate that all high	197
school graduates need the same academic foundation, regardless of	198
the opportunities they pursue after graduation. The goal of Ohio's	199
system of elementary and secondary education is to prepare all	200
students for and seamlessly connect all students to success in	201
life beyond high school graduation, regardless of whether the next	202
step is entering the workforce, beginning an apprenticeship,	203
engaging in post-secondary training, serving in the military, or	204
pursuing a college degree.	205

The Ohio core curriculum is the standard expectation for all	206
students entering ninth grade for the first time at a public or	207
chartered nonpublic high school on or after July 1, 2010. A	208
student may satisfy this expectation through a variety of methods,	209
including, but not limited to, integrated, applied,	210
career-technical, and traditional coursework.	211

Whereas teacher quality is essential for student success in	212
completing the Ohio core curriculum, the general assembly shall	213
appropriate funds for strategic initiatives designed to strengthen	214
schools' capacities to hire and retain highly qualified teachers	215
in the subject areas required by the curriculum. Such initiatives	216
are expected to require an investment of $120,000,000 over five	217
years.	218

Stronger coordination between high schools and institutions	219
of higher education is necessary to prepare students for more	220
challenging academic endeavors and to lessen the need for academic	221
remediation in college, thereby reducing the costs of higher	222
education for Ohio's students, families, and the state. The state	223
board of education and the chancellor of the Ohio board of regents	224
shall develop policies to ensure that only in rare instances will	225
students who complete the Ohio core curriculum require academic	226
remediation after high school.	227

School districts, community schools, and chartered nonpublic	228
schools shall integrate technology into learning experiences	229
whenever practicable across the curriculum in order to maximize	230
efficiency, enhance learning, and prepare students for success in	231
the technology-driven twenty-first century. Districts and schools	232
may use distance and web-based course delivery as a method of	233
providing or augmenting all instruction required under this	234
division, including laboratory experience in science. Districts	235
and schools shall whenever practicable utilize technology access	236
and electronic learning opportunities provided by the eTech Ohio	237
commission, the Ohio learning network, education technology	238
centers, public television stations, and other public and private	239
providers.	240

(D) Except as provided in division (E) of this section, a	241
student who enters ninth grade on or after July 1, 2010, and	242
before July 1, 2014, may qualify for graduation from a public or	243
chartered nonpublic high school even though the student has not	244
completed the Ohio core curriculum prescribed in division (C) of	245
this section if all of the following conditions are satisfied:	246

(1) After the student has attended high school for two years,	247
as determined by the school, the student and the student's parent,	248
guardian, or custodian sign and file with the school a written	249
statement asserting the parent's, guardian's, or custodian's	250
consent to the student's graduating without completing the Ohio	251
core curriculum and acknowledging that one consequence of not	252
completing the Ohio core curriculum is ineligibility to enroll in	253
most state universities in Ohio without further coursework.	254

(2) The student and parent, guardian, or custodian fulfill	255
any procedural requirements the school stipulates to ensure the	256
student's and parent's, guardian's, or custodian's informed	257
consent and to facilitate orderly filing of statements under	258
division (D)(1) of this section.	259

(3) The student and the student's parent, guardian, or	260
custodian and a representative of the student's high school	261
jointly develop an individual career plan for the student that	262
specifies the student matriculating to a two-year degree program,	263
acquiring a business and industry credential, or entering an	264
apprenticeship.	265

(4) The student's high school provides counseling and support	266
for the student related to the plan developed under division	267
(D)(3) of this section during the remainder of the student's high	268
school experience.	269

(5) The student successfully completes, at a minimum, the	270
curriculum prescribed in division (B) of this section.	271

The department of education, in collaboration with the the	272
chancellor of the Ohio board of regents, shall analyze student	273
performance data to determine if there are mitigating factors that	274
warrant extending the exception permitted by division (D) of this	275
section to high school classes beyond those entering ninth grade	276
before July 1, 2014. The department shall submit its findings and	277
any recommendations not later than August 1, 2014, to the speaker	278
and minority leader of the house of representatives, the president	279
and minority leader of the senate, the chairpersons and ranking	280
minority members of the standing committees of the house of	281
representatives and the senate that consider education	282
legislation, the state board of education, and the superintendent	283
of public instruction.	284

(E) Each school district and chartered nonpublic school	285
retains the authority to require an even more rigorous minimum	286
curriculum for high school graduation than specified in division	287
(B) or (C) of this section. A school district board of education,	288
through the adoption of a resolution, or the governing authority	289
of a chartered nonpublic school may stipulate any of the	290
following:	291

(1) A minimum high school curriculum that requires more than	292
twenty units of academic credit to graduate;	293

(2) An exception to the district's or school's minimum high	294
school curriculum that is comparable to the exception provided in	295
division (D) of this section but with additional requirements,	296
which may include a requirement that the student successfully	297
complete more than the minimum curriculum prescribed in division	298
(B) of this section;	299

(3) That no exception comparable to that provided in division	300
(D) of this section is available.	301

(F) A student enrolled in a dropout prevention and recovery	302
program, which program has received a waiver from the department	303
of education, may qualify for graduation from high school by	304
successfully completing a competency-based instructional program	305
administered by the dropout prevention and recovery program in	306
lieu of completing the Ohio core curriculum prescribed in division	307
(C) of this section. The department shall grant a waiver to a	308
dropout prevention and recovery program, within sixty days after	309
the program applies for the waiver, if the program meets all of	310
the following conditions:	311

(1) The program serves only students not younger than sixteen	312
years of age and not older than twenty-one years of age.	313

(2) The program enrolls students who, at the time of their	314
initial enrollment, either, or both, are at least one grade level	315
behind their cohort age groups or experience crises that	316
significantly interfere with their academic progress such that	317
they are prevented from continuing their traditional programs.	318

(3) The program requires students to attain at least the	319
applicable score designated for each of the assessments prescribed	320
under division (B)(1) of section 3301.0710 of the Revised Code or,	321
to the extent prescribed by rule of the state board of education	322
under division (E)(6) of section 3301.0712 of the Revised Code,	323
division (B)(2) of that section.	324

(4) The program develops an individual career plan for the	325
student that specifies the student's matriculating to a two-year	326
degree program, acquiring a business and industry credential, or	327
entering an apprenticeship.	328

(5) The program provides counseling and support for the	329
student related to the plan developed under division (F)(4) of	330
this section during the remainder of the student's high school	331
experience.	332

(6) The program requires the student and the student's	333
parent, guardian, or custodian to sign and file, in accordance	334
with procedural requirements stipulated by the program, a written	335
statement asserting the parent's, guardian's, or custodian's	336
consent to the student's graduating without completing the Ohio	337
core curriculum and acknowledging that one consequence of not	338
completing the Ohio core curriculum is ineligibility to enroll in	339
most state universities in Ohio without further coursework.	340

(7) Prior to receiving the waiver, the program has submitted	341
to the department an instructional plan that demonstrates how the	342
academic content standards adopted by the state board of education	343
under section 3301.079 of the Revised Code will be taught and	344
assessed.	345

If the department does not act either to grant the waiver or	346
to reject the program application for the waiver within sixty days	347
as required under this section, the waiver shall be considered to	348
be granted.	349

(G) Every high school may permit students below the ninth	350
grade to take advanced work. If a high school so permits, it shall	351
award high school credit for successful completion of the advanced	352
work and shall count such advanced work toward the graduation	353
requirements of division (B) or (C) of this section if the	354
advanced work was both:	355

(1) Taught by a person who possesses a license or certificate	356
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	357
Code that is valid for teaching high school;	358

(2) Designated by the board of education of the city, local,	359
or exempted village school district, the board of the cooperative	360
education school district, or the governing authority of the	361
chartered nonpublic school as meeting the high school curriculum	362
requirements.	363

Each high school shall record on the student's high school	364
transcript all high school credit awarded under division (G) of	365
this section. In addition, if the student completed a seventh- or	366
eighth-grade fine arts course described in division (K) of this	367
section and the course qualified for high school credit under that	368
division, the high school shall record that course on the	369
student's high school transcript.	370

(H) The department shall make its individual academic career	371
plan available through its Ohio career information system web site	372
for districts and schools to use as a tool for communicating with	373
and providing guidance to students and families in selecting high	374
school courses.	375

(I) Units earned in English language arts, mathematics,	376
science, and social studies that are delivered through integrated	377
academic and career-technical instruction are eligible to meet the	378
graduation requirements of division (B) or (C) of this section.	379

(J) The state board of education, in consultation with the	380
chancellor of the Ohio board of regents, shall adopt a statewide	381
plan implementing methods for students to earn units of high	382
school credit based on a demonstration of subject area competency,	383
instead of or in combination with completing hours of classroom	384
instruction. The state board shall adopt the plan not later than	385
March 31, 2009, and commence phasing in the plan during the	386
2009-2010 school year. The plan shall include a standard method	387
for recording demonstrated proficiency on high school transcripts.	388
Each school district, community school, and chartered nonpublic	389
school shall comply with the state board's plan adopted under this	390
division and award units of high school credit in accordance with	391
the plan. The state board may adopt existing methods for earning	392
high school credit based on a demonstration of subject area	393
competency as necessary prior to the 2009-2010 school year.	394

(K) This division does not apply to students who qualify for	395
graduation from high school under division (D) or (F) of this	396
section, or to students pursuing a career-technical instructional	397
track as determined by the school district board of education or	398
the chartered nonpublic school's governing authority.	399
Nevertheless, the general assembly encourages such students to	400
consider enrolling in a fine arts course as an elective.	401

Beginning with students who enter ninth grade for the first	402
time on or after July 1, 2010, each student enrolled in a public	403
or chartered nonpublic high school shall complete two semesters or	404
the equivalent of fine arts to graduate from high school. The	405
coursework may be completed in any of grades seven to twelve. Each	406
student who completes a fine arts course in grade seven or eight	407
may elect to count that course toward the five units of electives	408
required for graduation under division (C)(7) of this section, if	409
the course satisfied the requirements of division (G) of this	410
section. In that case, the high school shall award the student	411
high school credit for the course and count the course toward the	412
five units required under division (C)(7) of this section. If the	413
course in grade seven or eight did not satisfy the requirements of	414
division (G) of this section, the high school shall not award the	415
student high school credit for the course but shall count the	416
course toward the two semesters or the equivalent of fine arts	417
required by this division.	418

(L) Notwithstanding anything to the contrary in this section,	419
the board of education of each school district and the governing	420
authority of each chartered nonpublic school may adopt a policy to	421
excuse from the high school physical education requirement each	422
student who, during high school, has participated in	423
interscholastic athletics, marching band, or cheerleading for at	424
least two full seasons or in the junior reserve officer training	425
corps for at least two full school years. If the board or	426
authority adopts such a policy, the board or authority shall not	427
require the student to complete any physical education course as a	428
condition to graduate. However, the student shall be required to	429
complete one-half unit, consisting of at least sixty hours of	430
instruction, in another course of study. In the case of a student	431
who has participated in the junior reserve officer training corps	432
for at least two full school years, credit received for that	433
participation may be used to satisfy the requirement to complete	434
one-half unit in another course of study.	435

Sec. 3314.028. (A) Notwithstanding any provision of this	436
chapter to the contrary, beginning in the 2009-2010 school year, a	437
community school that meets the following conditions may operate	438
from the facility in which the school was located in the 2008-2009	439
school year and shall not be required to locate to another school	440
district:	441

(A)(1) The school was located in the facility for at least	442
the three school years prior to the 2009-2010 school year.	443

(B)(2) The school's sponsor is a school district that is	444
adjacent to the school district in which the school is located.	445

(C)(3) The school's education program emphasizes serving	446
students identified as gifted under Chapter 3324. of the Revised	447
Code.	448

(D)(4) The school has been rated in need of continuous	449
improvement or higher under section 3302.03 of the Revised Code	450
for the previous three school years.	451

(B) Notwithstanding any provision of this chapter to the	452
contrary, a community school described in division (A) of this	453
section may operate as a conversion school.	454

(C) Notwithstanding any provision of this chapter to the	455
contrary, in accordance with section 3314.03 of the Revised Code,	456
the governing authority of a community school described in	457
division (A) of this section may enter into a contract for the	458
2010-2011 school year and later with a different sponsor that is	459
one of the following entities, provided the school was rated in	460
need of continuous improvement or better under section 3302.03 of	461
the Revised Code for the 2008-2009 school year and the sponsor	462
described in division (A)(2) of this section approves the change	463
in sponsorship:	464

(1) The board of education of a city, exempted village,	465
local, or joint vocational school district;	466

(2) The governing board of an educational service center;

467

(3) A sponsoring authority designated by the board of	468
trustees of a state university listed in section 3345.011 of the	469
Revised Code or the board of trustees itself.	470

Sec. 3314.35.  (A)(1) Except as provided in division (A)(3)	471
of this section, this section applies to any community school that	472
meets one of the following criteria after July 1, 2008, but before	473
July 1, 2009:	474

(a) The school does not offer a grade level higher than three	475
and has been declared to be in a state of academic emergency under	476
section 3302.03 of the Revised Code for four consecutive school	477
years.	478

(b) The school satisfies all of the following conditions:

479

(i) The school offers any of grade levels four to eight but	480
does not offer a grade level higher than nine.	481

(ii) The school has been declared to be in a state of	482
academic emergency under section 3302.03 of the Revised Code for	483
three consecutive school years.	484

(iii) For two of those school years, the school showed less	485
than one standard year of academic growth in either reading or	486
mathematics, as determined by the department of education in	487
accordance with rules adopted under division (A) of section	488
3302.021 of the Revised Code.	489

(c) The school satisfies all of the following conditions:

490

(i) The school offers any of grade levels ten to twelve.

491

(ii) The school has been declared to be in a state of	492
academic emergency under section 3302.03 of the Revised Code for	493
three consecutive school years.	494

(iii) For two of those school years, the school showed less	495
than two standard years of academic growth in either reading or	496
mathematics, as determined by the department in accordance with	497
rules adopted under division (A) of section 3302.021 of the	498
Revised Code.	499

(2) Except as provided in division (A)(3) of this section,	500
this section applies to any community school that meets one of the	501
following criteria after July 1, 2009:	502

(a) The school does not offer a grade level higher than three	503
and has been declared to be in a state of academic emergency under	504
section 3302.03 of the Revised Code for three of the four most	505
recent school years.	506

(b) The school satisfies all of the following conditions:

507

(i) The school offers any of grade levels four to eight but	508
does not offer a grade level higher than nine.	509

(ii) The school has been declared to be in a state of	510
academic emergency under section 3302.03 of the Revised Code for	511
two of the three most recent school years.	512

(iii) In at least two of the three most recent school years,	513
the school showed less than one standard year of academic growth	514
in either reading or mathematics, as determined by the department	515
in accordance with rules adopted under division (A) of section	516
3302.021 of the Revised Code.	517

(c) The school offers any of grade levels ten to twelve and	518
has been declared to be in a state of academic emergency under	519
section 3302.03 of the Revised Code for three of the four most	520
recent school years.	521

(3) This section does not apply to either of the following:

522

(a) Any community school in which a majority of the students	523
are enrolled in a dropout prevention and recovery program that is	524
operated by the school and that has been granted a waiver under	525
section 3314.36 of the Revised Code;	526

(b) Any community school in which a majority of the enrolled	527
students are children with disabilities receiving special	528
education and related services in accordance with Chapter 3323. of	529
the Revised Code.	530

(B) Any community school to which this section applies shall	531
permanently close at the conclusion of the school year in which	532
the school first becomes subject to this section. The sponsor and	533
governing authority of the school shall comply with all procedures	534
for closing a community school adopted by the department under	535
division (E) of section 3314.015 of the Revised Code. The	536
governing authority of the school shall not enter into a contract	537
with any other sponsor under section 3314.03 of the Revised Code	538
after the school closes.	539

(C) Not later than July 1, 2008, the department shall	540
determine the feasibility of using the value-added progress	541
dimension, as defined in section 3302.01 of the Revised Code, as a	542
factor in evaluating the academic performance of community schools	543
described in division (A)(1)(c)(i) of this section.	544
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	545
if the department determines that using the value-added progress	546
dimension to evaluate community schools described in division	547
(A)(1)(c)(i) of this section is not feasible, a community school	548
described in that division shall be required to permanently close	549
under this section only if it has been declared to be in a state	550
of academic emergency under section 3302.03 of the Revised Code	551
for four consecutive school years.	552

(D) In accordance with division (B) of section 3314.012 of	553
the Revised Code, the department shall not consider the	554
performance ratings assigned to a community school for its first	555
two years of operation when determining whether the school meets	556
the criteria prescribed by division (A)(2) of this section. The	557
department shall reevaluate each community school that the	558
department directed to close at the conclusion of the 2009-2010	559
school year to determine if the school still meets the criteria	560
prescribed by division (A)(2) of this section when the school's	561
performance ratings for its first two years of operation are not	562
considered and, if the school no longer meets those criteria, the	563
department shall not require the school to close at the conclusion	564
of that school year.	565

Section 2. That existing sections 3306.51, 3306.53, 3306.54,	566
3306.55, 3306.58, 3313.603, 3314.028, and 3314.35 of the Revised	567
Code are hereby repealed.	568

Section 3. (A) This section applies to any school district	569
for which the following conditions are satisfied:	570

(1) In 2009, the Ohio School Facilities Commission allocated	571
to the district a share of qualified school construction bonds	572
under Division B, Title I, Subtitle F, Part III, Section 1521 of	573
the American Recovery and Reinvestment Act of 2009, 26 U.S.C. 54F,	574
in the group of districts designated by the Commission as "Pool	575
B."	576

(2) The district is undertaking a classroom facilities	577
project under sections 3318.01 to 3318.20 of the Revised Code,	578
which project was conditionally approved by the Commission between	579
July 1, 2008, and July 31, 2009.	580

(3) The district requested approval for the issuance of bonds	581
and related tax levies to pay the district's portion of the cost	582
of the project described in division (A)(2) of this section in a	583
question submitted to the district's electors at an election held	584
on November 3, 2009, and the electors disapproved the issuance of	585
those bonds and the related tax levies by a margin of less than	586
three per cent of the total votes cast on that question.	587

(B) Notwithstanding anything to the contrary in section	588
3318.05 of the Revised Code, and notwithstanding Section 385.70 of	589
Am. Sub. H.B. 1 of the 128th General Assembly, for each school	590
district to which this section applies and whose project was	591
conditionally approved in July 2008, the conditional approval of	592
the district's project described in division (A)(2) of this	593
section shall lapse and the amount reserved and encumbered for the	594
project shall be released on June 30, 2010, unless the district	595
electors prior to that date approve the issuance of bonds and the	596
related tax levies to pay the district's portion of the cost of	597
the district's project. If the project lapses under Section 385.70	598
of Am. Sub. H.B. 1 of the 128th General Assembly prior to the	599
effective date of this section, the Commission shall treat that	600
project as if it had not lapsed. Thereafter, the project shall be	601
subject to the lapse provision prescribed in this division.	602

(C) Notwithstanding anything to the contrary in section	603
3318.05 of the Revised Code, for each school district to which	604
this section applies and whose project was conditionally approved	605
between August 1, 2008, and July 31, 2009, the conditional	606
approval of the district's project described in division (A)(2) of	607
this section shall lapse and the amount reserved and encumbered	608
for the project shall be released on December 31, 2010, unless the	609
district electors prior to that date approve the issuance of bonds	610
and the related tax levies to pay the district's portion of the	611
cost of the district's project. If the project lapses under	612
section 3318.05 of the Revised Code prior to the effective date of	613
this section, the Commission shall treat that project as if it had	614
not lapsed. Thereafter, the project shall be subject to the lapse	615
provision prescribed in this division.	616

(D) If the conditional approval for a district's project	617
under sections 3318.01 to 3318.20 of the Revised Code lapses and	618
the amount reserved and encumbered for the project is released on	619
the applicable date prescribed by this section, after that date,	620
the district shall be given first priority for project funding as	621
such funding becomes available in accordance with section 3318.05	622
of the Revised Code.	623

Section 4. This act is hereby declared to be an emergency	624
measure necessary for the immediate preservation of the public	625
peace, health, and safety. The reason for such necessity is to	626
provide school districts using federally qualified school	627
construction bonds additional time to secure voter approval for	628
state-assisted classroom facilities projects without an	629
intervening lapse of project conditional approval. Therefore, this	630
act shall go into immediate effect.	631