As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 312

Representative Morgan 

Cosponsors: Representatives Combs, Grossman, Huffman, Lehner, Martin, McGregor, Uecker 

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A BILL

To amend sections 3314.013, 3314.014, 3314.016,

1

3314.02, 3314.021, 3314.03, 3314.05, 3319.22,

2

3319.223, and 3319.61 and to enact section

3

3319.227 of the Revised Code to allow new

4

Internet- or computer-based community schools to

5

open under certain conditions, to require the use

6

of student performance data in evaluating

7

teachers and principals for licensure, and to

8

qualify Teach for America participants for a

9

professional educator license.

10

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

Section 1. That sections 3314.013, 3314.014, 3314.016,	11
3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223, and	12
3319.61 be amended and section 3319.227 of the Revised Code be	13
enacted to read as follows:	14

Sec. 3314.013.  (A)(1) Until July 1, 2000, no more than	15
seventy-five contracts between start-up schools and the state	16
board of education may be in effect outside the pilot project area	17
at any time under this chapter.	18

(2) After July 1, 2000, and until July 1, 2001, no more than	19
one hundred twenty-five contracts between start-up schools and the	20
state board of education may be in effect outside the pilot	21
project area at any time under this chapter.	22

(3) This division applies only to contracts between start-up	23
schools and the state board of education and contracts between	24
start-up schools and entities described in divisions (C)(1)(b) to	25
(f) of section 3314.02 of the Revised Code.	26

Until July 1, 2005, not more than two hundred twenty-five	27
contracts to which this division applies may be in effect at any	28
time under this chapter.	29

(4) This division applies only to contracts between start-up	30
schools and entities described in divisions (C)(1)(b) to (f) of	31
section 3314.02 of the Revised Code.	32

Except as otherwise provided in section 3314.014 of the	33
Revised Code, after July 1, 2005, and until July 1, 2007, the	34
number of contracts to which this division applies in effect at	35
any time under this chapter shall be not more than thirty plus the	36
number of such contracts with schools that were open for operation	37
as of May 1, 2005.	38

(5) This division applies only to contracts between a	39
conversion school that is an internet- or computer-based community	40
school or a start-up school and the board of education of the	41
school district in which the school is or is proposed to be	42
located.	43

Except as otherwise provided in section 3314.014 of the	44
Revised Code, until July 1, 2007, the number of contracts to which	45
this division applies in effect at any time under this chapter	46
shall be not more than thirty plus the number of such contracts	47
with schools that were open for operation as of May 1, 2005.	48

(6) UntilExcept as otherwise provided in division (B) of	49
this section, until the effective date of any standards enacted by	50
the general assembly governing the operation of internet- or	51
computer-based community schools, no internet- or computer-based	52
community school shall operate unless the school was open for	53
instruction as of May 1, 2005. No entity described in division	54
(C)(1) of section 3314.02 of the Revised Code shall enter into a	55
contract to sponsor an internet- or computer-based community	56
school, including a conversion school, between May 1, 2005, and	57
the effective date of any standards enacted by the general	58
assembly governing the operation of internet- or computer-based	59
community schools, except as follows:	60

(a) Any(1) The entity described in division (C)(1) of that	61
section may renew a contract that the entity entered into with an	62
internet- or computer-based community school prior to May 1, 2005,	63
if the school was open for operation as of that date.	64

(b) Any(2) The entity described in divisions (C)(1)(a) to	65
(e) of that section may assume sponsorship of an existing	66
internet- or computer-based community school that was formerly	67
sponsored by another entity and may enter into a contract with	68
that community school in accordance with section 3314.03 of the	69
Revised Code.	70

(c) Any entity described in division (C)(1)(f) of that	71
section may assume sponsorship of an existing internet- or	72
computer-based community school in accordance with division (A)(7)	73
of this section and may enter into a contract with that community	74
school in accordance with section 3314.03 of the Revised Code.	75

If a sponsor entered into a contract with an internet- or	76
computer-based community school, including a conversion school,	77
but the school was not open for operation as of May 1, 2005, the	78
contract shall be void and, except as otherwise provided in	79
division (B) of this section, the entity shall not enter into	80
another contract with the school until the effective date of any	81
standards enacted by the general assembly governing the operation	82
of internet- or computer-based community schools.	83

(7) Until July 1, 2005, any entity described in division	84
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only	85
a community school that formerly was sponsored by the state board	86
of education under division (C)(1)(d) of that section, as it	87
existed prior to April 8, 2003. After July 1, 2005, any such	88
entity may assume sponsorship of any existing community school,	89
and may sponsor any new community school that is not an internet-	90
or computer-based community school. Beginning on the effective	91
date of any standards enacted by the general assembly governing	92
the operation of internet- or computer-based community schools,	93
any such entity may sponsor a new internet- or computer-based	94
community school.	95

(8)(B) For each community school that an entity sponsors	96
that, on or after September 1, 2009, has a rating of in need of	97
continuous improvement or higher under section 3302.03 of the	98
Revised Code, the sponsor may enter into a contract to sponsor a	99
new internet- or computer-based community school, including a	100
conversion school, in accordance with section 3314.03 of the	101
Revised Code. Each new start-up school with which the sponsor	102
enters into a contract under this division shall comply with	103
division (A) of section 3314.016 of the Revised Code.	104

(C) Nothing in division (A) of this section prohibits aan	105
internet- or computer-based community school from increasing the	106
number of grade levels it offers.	107

(B)(D) Within twenty-four hours of a request by any person,	108
the superintendent of public instruction shall indicate the number	109
of preliminary agreements for start-up schools currently	110
outstanding and the number of contracts for these schools in	111
effect at the time of the request.	112

(C) It is the intent of the general assembly to consider	113
whether to provide limitations on the number of start-up community	114
schools after July 1, 2001, following its examination of the	115
results of the studies by the legislative office of education	116
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of	117
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.	118
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.	119
No. 770 of the 122nd general assembly.	120

Sec. 3314.014. (A) As used in this chapter, "operator" means	121
either of the following:	122

(1)(A) An individual or organization that manages the daily	123
operations of a community school pursuant to a contract between	124
the operator and the school's governing authority;	125

(2)(B) A nonprofit organization that provides programmatic	126
oversight and support to a community school under a contract with	127
the school's governing authority and that retains the right to	128
terminate its affiliation with the school if the school fails to	129
meet the organization's quality standards.	130

(B)(1) Notwithstanding the limit prescribed by division	131
(A)(4) of section 3314.013 of the Revised Code, a start-up school	132
sponsored by an entity described in divisions (C)(1)(b) to (f) of	133
section 3314.02 of the Revised Code may be established after the	134
date that limit is reached, provided the school's governing	135
authority enters into a contract with an operator permitted to	136
manage the school under division (C) of this section.	137

(2) Notwithstanding the limit prescribed by division (A)(5)	138
of section 3314.013 of the Revised Code, a conversion school that	139
is an internet- or computer-based community school or a start-up	140
school sponsored by the school district in which the school is or	141
is proposed to be located may be established after the date that	142
limit is reached, provided the school's governing authority enters	143
into a contract with an operator permitted to manage the school	144
under division (C) of this section. However, a conversion school	145
that is an internet- or computer-based community school may be	146
established after that date only if the prohibition prescribed by	147
division (A)(6) of section 3314.013 of the Revised Code is no	148
longer in effect.	149

(C) An operator may enter into contracts with the governing	150
authorities of community schools established after the date the	151
limit prescribed by division (A)(4) or (5) of section 3314.013 of	152
the Revised Code, as applicable, is reached, provided the total	153
number of schools for which the operator enters into such	154
contracts, excluding conversion schools that are not internet- or	155
computer-based community schools, does not exceed the number of	156
community schools managed by the operator in Ohio or other states	157
on the applicable date that are rated excellent, effective, or in	158
need of continuous improvement pursuant to section 3302.03 of the	159
Revised Code or perform comparably to schools so rated, as	160
determined by the department of education.	161

(D) Notwithstanding the limit prescribed by division (A)(4)	162
of section 3314.013 of the Revised Code, after the date the limit	163
prescribed in that division is reached, the governing authority of	164
a start-up school sponsored by an entity described in divisions	165
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may	166
establish one additional school serving the same grade levels and	167
providing the same educational program as the current start-up	168
school and may open that additional school in the 2006-2007 school	169
year, if both of the following conditions are met:	170

(1) The governing authority entered into another contract	171
with the same sponsor or a different sponsor described in	172
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	173
and filed a copy of that contract with the superintendent of	174
public instruction prior to March 15, 2006.	175

(2) The governing authority's current school satisfies all of	176
the following conditions:	177

(a) The school currently is rated as excellent or effective	178
pursuant to section 3302.03 of the Revised Code.	179

(b) The school made adequate yearly progress, as defined in	180
section 3302.01 of the Revised Code, for the previous school year.	181

(c) The school has been in operation for at least four school	182
years.	183

(d) The school is not managed by an operator.

184

Sec. 3314.016.  (A) After June 30, 2007, aThe governing	185
authority of each new start-up school may be established under	186
this chapter only if the school's governing authority enters	187
after June 30, 2007, shall enter into a contract with an operator	188
that manages other schools in the United States that perform at a	189
level higher than academic watch. The governing authority of the	190
community school may sign a contract with an operator only if the	191
operator has fewer contracts with the governing authorities of new	192
start-up schools established under this chapter after June 30,	193
2007, than the number of schools managed by the operator in the	194
United States that perform at a level higher than academic watch,	195
as determined by the department of education. However, the	196
governing authority shall not contract with an operator that	197
currently manages any community schools in Ohio for which the	198
department issues annual report cards under section 3314.012 of	199
the Revised Code, unless the latest report card issued for at	200
least one of those schools designates a performance rating under	201
section 3302.03 of the Revised Code of in need of continuous	202
improvement or higher.	203

(B) Notwithstanding division (A) of this section, the	204
governing authority of a start-up school sponsored by an entity	205
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	206
Revised Code may establish one additional school serving the same	207
grade levels and providing the same educational program as the	208
current start-up school and may open that additional school in the	209
2007-2008 school year, if both of the following conditions are	210
met:	211

(1) The governing authority entered into another contract	212
with the same sponsor or a different sponsor described in	213
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	214
and filed a copy of that contract with the superintendent of	215
public instruction prior to March 15, 2006.	216

(2) The governing authority's current school satisfies all of	217
the following conditions:	218

(a) The school currently is rated as excellent or effective	219
pursuant to section 3302.03 of the Revised Code.	220

(b) The school made adequate yearly progress, as defined in	221
section 3302.01 of the Revised Code, for the previous school year.	222

(c) The school has been in operation for at least four school	223
years.	224

(d) The school is not managed by an operator.

225

(C) Notwithstanding division (A) of this section, the	226
governing authority of a start-up school sponsored by the big	227
eight school district in which the school is located may establish	228
one additional start-up school that is located in the same school	229
district and that provides a general educational program to	230
students in any or all of grades kindergarten through five to	231
facilitate their transition to the current start-up school, and	232
may open the additional start-up school in the 2009-2010 school	233
year, if both of the following conditions are met:	234

(1) The governing authority enters into another contract with	235
the same sponsor and files a copy of the contract with the	236
superintendent of public instruction prior to March 15, 2009.	237

(2) The governing authority's current school satisfies all of	238
the following conditions:	239

(a) The school provided instruction to students for eleven	240
months in the previous school year.	241

(b) The school has been in operation for at least two school	242
years.	243

(c) The school qualified to be rated in need of continuous	244
improvement or higher pursuant to section 3302.03 of the Revised	245
Code for its first school year of operation, even though the	246
department of education did not issue a report card for the	247
school for that school year.	248

Sec. 3314.02.  (A) As used in this chapter:

249

(1) "Sponsor" means an entity listed in division (C)(1) of	250
this section, which has been approved by the department of	251
education to sponsor community schools and with which the	252
governing authority of the proposed community school enters into a	253
contract pursuant to this section.	254

(2) "Pilot project area" means the school districts included	255
in the territory of the former community school pilot project	256
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	257
the 122nd general assembly.	258

(3) "Challenged school district" means any of the following:

259

(a) A school district that is part of the pilot project area;

260

(b) A school district that is either in a state of academic	261
emergency or in a state of academic watch under section 3302.03 of	262
the Revised Code;	263

(c) A big eight school district.

264

(4) "Big eight school district" means a school district that	265
for fiscal year 1997 had both of the following:	266

(a) A percentage of children residing in the district and	267
participating in the predecessor of Ohio works first greater than	268
thirty per cent, as reported pursuant to section 3317.10 of the	269
Revised Code;	270

(b) An average daily membership greater than twelve thousand,	271
as reported pursuant to former division (A) of section 3317.03 of	272
the Revised Code.	273

(5) "New start-up school" means a community school other than	274
one created by converting all or part of an existing public school	275
or educational service center building, as designated in the	276
school's contract pursuant to division (A)(17) of section 3314.03	277
of the Revised Code.	278

(6) "Urban school district" means one of the state's	279
twenty-one urban school districts as defined in division (O) of	280
section 3317.02 of the Revised Code as that section existed prior	281
to July 1, 1998.	282

(7) "Internet- or computer-based community school" means a	283
community school established under this chapter in which the	284
enrolled students work primarily from their residences on	285
assignments in nonclassroom-based learning opportunities provided	286
via an internet- or other computer-based instructional method that	287
does not rely on regular classroom instruction or via	288
comprehensive instructional methods that include internet-based,	289
other computer-based, and noncomputer-based learning	290
opportunities.	291

(B) Any person or group of individuals may initially propose	292
under this division the conversion of all or a portion of a public	293
school or a building operated by an educational service center to	294
a community school. The proposal shall be made to the board of	295
education of the city, local, exempted village, or joint	296
vocational school district in which the public school is proposed	297
to be converted or, in the case of the conversion of a building	298
operated by an educational service center, to the governing board	299
of the service center. Upon receipt of a proposal, a board may	300
enter into a preliminary agreement with the person or group	301
proposing the conversion of the public school or service center	302
building, indicating the intention of the board to support the	303
conversion to a community school. A proposing person or group	304
that has a preliminary agreement under this division may proceed	305
to finalize plans for the school, establish a governing authority	306
for the school, and negotiate a contract with the board. Provided	307
the proposing person or group adheres to the preliminary	308
agreement and all provisions of this chapter, the board shall	309
negotiate in good faith to enter into a contract in accordance	310
with section 3314.03 of the Revised Code and division (C) of	311
this section.	312

(C)(1) Any person or group of individuals may propose under	313
this division the establishment of a new start-up school to be	314
located in a challenged school district. The proposal may be made	315
to any of the following entities:	316

(a) The board of education of the district in which the	317
school is proposed to be located;	318

(b) The board of education of any joint vocational school	319
district with territory in the county in which is located the	320
majority of the territory of the district in which the school is	321
proposed to be located;	322

(c) The board of education of any other city, local, or	323
exempted village school district having territory in the same	324
county where the district in which the school is proposed to be	325
located has the major portion of its territory;	326

(d) The governing board of any educational service center, as	327
long as the proposed school will be located in a county within the	328
territory of the service center or in a county contiguous to such	329
county;	330

(e) A sponsoring authority designated by the board of	331
trustees of any of the thirteen state universities listed in	332
section 3345.011 of the Revised Code or the board of trustees	333
itself as long as a mission of the proposed school to be specified	334
in the contract under division (A)(2) of section 3314.03 of the	335
Revised Code and as approved by the department of education under	336
division (B)(2) of section 3314.015 of the Revised Code will be	337
the practical demonstration of teaching methods, educational	338
technology, or other teaching practices that are included in the	339
curriculum of the university's teacher preparation program	340
approved by the state board of education;	341

(f) Any qualified tax-exempt entity under section 501(c)(3)	342
of the Internal Revenue Code as long as all of the following	343
conditions are satisfied:	344

(i) The entity has been in operation for at least five years	345
prior to applying to be a community school sponsor.	346

(ii) The entity has assets of at least five hundred thousand	347
dollars and a demonstrated record of financial responsibility.	348

(iii) The department of education has determined that the	349
entity is an education-oriented entity under division (B)(3) of	350
section 3314.015 of the Revised Code and the entity has a	351
demonstrated record of successful implementation of educational	352
programs.	353

(iv) The entity is not a community school.

354

Any entity described in division (C)(1) of this section may	355
enter into a preliminary agreement pursuant to division (C)(2) of	356
this section with the proposing person or group.	357

(2) A preliminary agreement indicates the intention of an	358
entity described in division (C)(1) of this section to sponsor the	359
community school. A proposing person or group that has such a	360
preliminary agreement may proceed to finalize plans for the	361
school, establish a governing authority as described in division	362
(E) of this section for the school, and negotiate a contract with	363
the entity. Provided the proposing person or group adheres to the	364
preliminary agreement and all provisions of this chapter, the	365
entity shall negotiate in good faith to enter into a contract in	366
accordance with section 3314.03 of the Revised Code.	367

(3) A new start-up school that is established in a school	368
district while that district is either in a state of academic	369
emergency or in a state of academic watch under section 3302.03 of	370
the Revised Code may continue in existence once the school	371
district is no longer in a state of academic emergency or academic	372
watch, provided there is a valid contract between the school and a	373
sponsor.	374

(4) A copy of every preliminary agreement entered into under	375
this division shall be filed with the superintendent of public	376
instruction.	377

(D) A majority vote of the board of a sponsoring entity and a	378
majority vote of the members of the governing authority of a	379
community school shall be required to adopt a contract and convert	380
the public school or educational service center building to a	381
community school or establish the new start-up school. Beginning	382
September 29, 2005, adoption of the contract shall occur not	383
later than the fifteenth day of March, and signing of the	384
contract shall occur not later than the fifteenth day of May,	385
prior to the school year in which the school will open. The	386
governing authority shall notify the department of education when	387
the contract has been signed. Subject to sections 3314.013,	388
3314.014, 3314.016, and 3314.017 of the Revised Code, an	389
unlimited number of community schools may be established in any	390
school district provided that a contract is entered into for each	391
community school pursuant to this chapter.	392

(E)(1) As used in this division, "immediate relatives" are	393
limited to spouses, children, parents, grandparents, siblings, and	394
in-laws.	395

Each new start-up community school established under this	396
chapter shall be under the direction of a governing authority	397
which shall consist of a board of not less than five individuals.	398

No person shall serve on the governing authority or operate	399
the community school under contract with the governing authority	400
so long as the person owes the state any money or is in a dispute	401
over whether the person owes the state any money concerning the	402
operation of a community school that has closed.	403

(2) No person shall serve on the governing authorities of	404
more than two start-up community schools at the same time.	405

(3) No present or former member, or immediate relative of a	406
present or former member, of the governing authority of any	407
community school established under this chapter shall be an owner,	408
employee, or consultant of any nonprofit or for-profit operator of	409
a community school, unless at least one year has elapsed since the	410
conclusion of the person's membership.	411

(F)(1) A new start-up school that is established prior to	412
August 15, 2003, in an urban school district that is not also a	413
big-eight school district may continue to operate after that date	414
and the contract between the school's governing authority and the	415
school's sponsor may be renewed, as provided under this chapter,	416
after that date, but no additional new start-up schools may be	417
established in such a district unless the district is a challenged	418
school district as defined in this section as it exists on and	419
after that date.	420

(2) A community school that was established prior to June	421
29, 1999, and is located in a county contiguous to the pilot	422
project area and in a school district that is not a challenged	423
school district may continue to operate after that date, provided	424
the school complies with all provisions of this chapter. The	425
contract between the school's governing authority and the	426
school's sponsor may be renewed, but no additional start-up	427
community school may be established in that district unless the	428
district is a challenged school district.	429

(3) Any educational service center that, on June 30, 2007,	430
sponsors a community school that is not located in a county	431
within the territory of the service center or in a county	432
contiguous to such county may continue to sponsor that community	433
school on and after June 30, 2007, and may renew its contract	434
with the school. However, the educational service center shall	435
not enter into a contract with any additional community school	436
unless the school is located in a county within the territory of	437
the service center or in a county contiguous to such county.	438

Sec. 3314.021. (A) This section applies to any entity that	439
is exempt from taxation under section 501(c)(3) of the Internal	440
Revenue Code and that satisfies the conditions specified in	441
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	442
Revised Code but does not satisfy the condition specified in	443
division (C)(1)(f)(i) of that section.	444

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	445
of the Revised Code, an entity described in division (A) of this	446
section may do both of the following without obtaining the	447
department of education's initial approval of its sponsorship	448
under divisions (A)(2) and (B)(1) of section 3314.015 of the	449
Revised Code:	450

(1) Succeed the board of trustees of a state university	451
located in the pilot project area or that board's designee as the	452
sponsor of a community school established under this chapter;	453

(2) Continue to sponsor that school in conformance with the	454
terms of the contract between the board of trustees or its	455
designee and the governing authority of the community school and	456
renew that contract as provided in division (E) of section 3314.03	457
of the Revised Code.	458

(C) The entity that succeeds the board of trustees or the	459
board's designee as sponsor of a community school under division	460
(B) of this section also may enter into contracts to sponsor	461
other community schools located in any challenged school district,	462
without obtaining the department's initial approval of its	463
sponsorship of those schools under divisions (A)(2) and (B)(1) of	464
section 3314.015 of the Revised Code, and not subject to the	465
restriction of division (A)(7) of section 3314.013 of the Revised	466
Code, as long as the contracts conform with and the entity	467
complies with all other requirements of this chapter.	468

(D) Regardless of the entity's authority to sponsor community	469
schools without the initial approval of the department, the entity	470
is under the continuing oversight of the department in accordance	471
with rules adopted under section 3314.015 of the Revised Code.	472

Sec. 3314.03.  A copy of every contract entered into under	473
this section shall be filed with the superintendent of public	474
instruction.	475

(A) Each contract entered into between a sponsor and the	476
governing authority of a community school shall specify the	477
following:	478

(1) That the school shall be established as either of the	479
following:	480

(a) A nonprofit corporation established under Chapter 1702.	481
of the Revised Code, if established prior to April 8, 2003;	482

(b) A public benefit corporation established under Chapter	483
1702. of the Revised Code, if established after April 8, 2003;.	484

(2) The education program of the school, including the	485
school's mission, the characteristics of the students the school	486
is expected to attract, the ages and grades of students, and the	487
focus of the curriculum;	488

(3) The academic goals to be achieved and the method of	489
measurement that will be used to determine progress toward those	490
goals, which shall include the statewide achievement assessments;	491

(4) Performance standards by which the success of the school	492
will be evaluated by the sponsor;	493

(5) The admission standards of section 3314.06 of the Revised	494
Code and, if applicable, section 3314.061 of the Revised Code;	495

(6)(a) Dismissal procedures;

496

(b) A requirement that the governing authority adopt an	497
attendance policy that includes a procedure for automatically	498
withdrawing a student from the school if the student without a	499
legitimate excuse fails to participate in one hundred five	500
consecutive hours of the learning opportunities offered to the	501
student.	502

(7) The ways by which the school will achieve racial and	503
ethnic balance reflective of the community it serves;	504

(8) Requirements for financial audits by the auditor of	505
state. The contract shall require financial records of the school	506
to be maintained in the same manner as are financial records of	507
school districts, pursuant to rules of the auditor of state.	508
Audits shall be conducted in accordance with section 117.10 of	509
the Revised Code.	510

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

511

(10) Qualifications of teachers, including a requirement that	512
the school's classroom teachers be licensed in accordance with	513
sections 3319.22 to 3319.31 of the Revised Code, except that a	514
community school may engage noncertificated persons to teach up to	515
twelve hours per week pursuant to section 3319.301 of the Revised	516
Code;	517

(11) That the school will comply with the following	518
requirements:	519

(a) The school will provide learning opportunities to a	520
minimum of twenty-five students for a minimum of nine hundred	521
twenty hours per school year.	522

(b) The governing authority will purchase liability	523
insurance, or otherwise provide for the potential liability of the	524
school.	525

(c) The school will be nonsectarian in its programs,	526
admission policies, employment practices, and all other	527
operations, and will not be operated by a sectarian school or	528
religious institution.	529

(d) The school will comply with sections 9.90, 9.91, 109.65,	530
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	531
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	532
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	533
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	534
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	535
3313.718, 3313.719, 3313.80, 3313.86, 3313.96, 3319.073,	536
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	537
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	538
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	539
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	540
it were a school district and will comply with section 3301.0714	541
of the Revised Code in the manner specified in section 3314.17	542
of the Revised Code.	543

(e) The school shall comply with Chapter 102. and section	544
2921.42 of the Revised Code.	545

(f) The school will comply with sections 3313.61, 3313.611,	546
and 3313.614 of the Revised Code, except that for students who	547
enter ninth grade for the first time before July 1, 2010, the	548
requirement in sections 3313.61 and 3313.611 of the Revised Code	549
that a person must successfully complete the curriculum in any	550
high school prior to receiving a high school diploma may be met by	551
completing the curriculum adopted by the governing authority of	552
the community school rather than the curriculum specified in Title	553
XXXIII of the Revised Code or any rules of the state board of	554
education. Beginning with students who enter ninth grade for the	555
first time on or after July 1, 2010, the requirement in sections	556
3313.61 and 3313.611 of the Revised Code that a person must	557
successfully complete the curriculum of a high school prior to	558
receiving a high school diploma shall be met by completing the	559
Ohio core curriculum prescribed in division (C) of section	560
3313.603 of the Revised Code, unless the person qualifies under	561
division (D) or (F) of that section. Each school shall comply with	562
the plan for awarding high school credit based on demonstration of	563
subject area competency, adopted by the state board of education	564
under division (J) of section 3313.603 of the Revised Code.	565

(g) The school governing authority will submit within four	566
months after the end of each school year a report of its	567
activities and progress in meeting the goals and standards of	568
divisions (A)(3) and (4) of this section and its financial status	569
to the sponsor and the parents of all students enrolled in the	570
school.	571

(h) The school, unless it is an internet- or computer-based	572
community school, will comply with section 3313.801 of the Revised	573
Code as if it were a school district.	574

(12) Arrangements for providing health and other benefits to	575
employees;	576

(13) The length of the contract, which shall begin at the	577
beginning of an academic year. No contract shall exceed five	578
years unless such contract has been renewed pursuant to division	579
(E) of this section.	580

(14) The governing authority of the school, which shall be	581
responsible for carrying out the provisions of the contract;	582

(15) A financial plan detailing an estimated school budget	583
for each year of the period of the contract and specifying the	584
total estimated per pupil expenditure amount for each such year.	585
The plan shall specify for each year the base formula amount that	586
will be used for purposes of funding calculations under section	587
3314.08 of the Revised Code. This base formula amount for any year	588
shall not exceed the formula amount defined under section 3317.02	589
of the Revised Code. The plan may also specify for any year a	590
percentage figure to be used for reducing the per pupil amount of	591
the subsidy calculated pursuant to section 3317.029 of the Revised	592
Code the school is to receive that year under section 3314.08 of	593
the Revised Code.	594

(16) Requirements and procedures regarding the disposition of	595
employees of the school in the event the contract is terminated or	596
not renewed pursuant to section 3314.07 of the Revised Code;	597

(17) Whether the school is to be created by converting all or	598
part of an existing public school or educational service center	599
building or is to be a new start-up school, and if it is a	600
converted public school or service center building, specification	601
of any duties or responsibilities of an employer that the board of	602
education or service center governing board that operated the	603
school or building before conversion is delegating to the	604
governing authority of the community school with respect to all	605
or any specified group of employees provided the delegation is	606
not prohibited by a collective bargaining agreement applicable to	607
such employees;	608

(18) Provisions establishing procedures for resolving	609
disputes or differences of opinion between the sponsor and the	610
governing authority of the community school;	611

(19) A provision requiring the governing authority to adopt a	612
policy regarding the admission of students who reside outside the	613
district in which the school is located. That policy shall comply	614
with the admissions procedures specified in sections 3314.06 and	615
3314.061 of the Revised Code and, at the sole discretion of the	616
authority, shall do one of the following:	617

(a) Prohibit the enrollment of students who reside outside	618
the district in which the school is located;	619

(b) Permit the enrollment of students who reside in districts	620
adjacent to the district in which the school is located;	621

(c) Permit the enrollment of students who reside in any other	622
district in the state.	623

(20) A provision recognizing the authority of the department	624
of education to take over the sponsorship of the school in	625
accordance with the provisions of division (C) of section 3314.015	626
of the Revised Code;	627

(21) A provision recognizing the sponsor's authority to	628
assume the operation of a school under the conditions specified in	629
division (B) of section 3314.073 of the Revised Code;	630

(22) A provision recognizing both of the following:

631

(a) The authority of public health and safety officials to	632
inspect the facilities of the school and to order the facilities	633
closed if those officials find that the facilities are not in	634
compliance with health and safety laws and regulations;	635

(b) The authority of the department of education as the	636
community school oversight body to suspend the operation of the	637
school under section 3314.072 of the Revised Code if the	638
department has evidence of conditions or violations of law at the	639
school that pose an imminent danger to the health and safety of	640
the school's students and employees and the sponsor refuses to	641
take such action;	642

(23) A description of the learning opportunities that will be	643
offered to students including both classroom-based and	644
non-classroom-based learning opportunities that is in compliance	645
with criteria for student participation established by the	646
department under division (L)(2) of section 3314.08 of the	647
Revised Code;	648

(24) The school will comply with sections 3302.04 and	649
3302.041 of the Revised Code, except that any action required to	650
be taken by a school district pursuant to those sections shall	651
be taken by the sponsor of the school. However, the sponsor	652
shall not be required to take any action described in division	653
(F) of section 3302.04 of the Revised Code.	654

(25) Beginning in the 2006-2007 school year, the school will	655
open for operation not later than the thirtieth day of September	656
each school year, unless the mission of the school as specified	657
under division (A)(2) of this section is solely to serve dropouts.	658
In its initial year of operation, if the school fails to open by	659
the thirtieth day of September, or within one year after the	660
adoption of the contract pursuant to division (D) of section	661
3314.02 of the Revised Code if the mission of the school is solely	662
to serve dropouts, the contract shall be void.	663

(B) The community school shall also submit to the sponsor a	664
comprehensive plan for the school. The plan shall specify the	665
following:	666

(1) The process by which the governing authority of the	667
school will be selected in the future;	668

(2) The management and administration of the school;

669

(3) If the community school is a currently existing public	670
school or educational service center building, alternative	671
arrangements for current public school students who choose not to	672
attend the converted school and for teachers who choose not to	673
teach in the school or building after conversion;	674

(4) The instructional program and educational philosophy of	675
the school;	676

(5) Internal financial controls.

677

(C) A contract entered into under section 3314.02 of the	678
Revised Code between a sponsor and the governing authority of a	679
community school may provide for the community school governing	680
authority to make payments to the sponsor, which is hereby	681
authorized to receive such payments as set forth in the contract	682
between the governing authority and the sponsor. The total amount	683
of such payments for oversight and monitoring of the school shall	684
not exceed three per cent of the total amount of payments for	685
operating expenses that the school receives from the state.	686

(D) The contract shall specify the duties of the sponsor	687
which shall be in accordance with the written agreement entered	688
into with the department of education under division (B) of	689
section 3314.015 of the Revised Code and shall include the	690
following:	691

(1) Monitor the community school's compliance with all laws	692
applicable to the school and with the terms of the contract;	693

(2) Monitor and evaluate the academic and fiscal performance	694
and the organization and operation of the community school on at	695
least an annual basis;	696

(3) Report on an annual basis the results of the evaluation	697
conducted under division (D)(2) of this section to the department	698
of education and to the parents of students enrolled in the	699
community school;	700

(4) Provide technical assistance to the community school in	701
complying with laws applicable to the school and terms of the	702
contract;	703

(5) Take steps to intervene in the school's operation to	704
correct problems in the school's overall performance, declare the	705
school to be on probationary status pursuant to section 3314.073	706
of the Revised Code, suspend the operation of the school pursuant	707
to section 3314.072 of the Revised Code, or terminate the contract	708
of the school pursuant to section 3314.07 of the Revised Code as	709
determined necessary by the sponsor;	710

(6) Have in place a plan of action to be undertaken in the	711
event the community school experiences financial difficulties or	712
closes prior to the end of a school year.	713

(E) Upon the expiration of a contract entered into under this	714
section, the sponsor of a community school may, with the approval	715
of the governing authority of the school, renew that contract for	716
a period of time determined by the sponsor, but not ending earlier	717
than the end of any school year, if the sponsor finds that the	718
school's compliance with applicable laws and terms of the contract	719
and the school's progress in meeting the academic goals prescribed	720
in the contract have been satisfactory. Any contract that is	721
renewed under this division remains subject to the provisions of	722
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	723

(F) If a community school fails to open for operation within	724
one year after the contract entered into under this section is	725
adopted pursuant to division (D) of section 3314.02 of the Revised	726
Code or permanently closes prior to the expiration of the	727
contract, the contract shall be void and the school shall not	728
enter into a contract with any other sponsor. A school shall not	729
be considered permanently closed because the operations of the	730
school have been suspended pursuant to section 3314.072 of the	731
Revised Code. Any contract that becomes void under this division	732
shall not count toward any statewide limit on the number of such	733
contracts prescribed by section 3314.013 of the Revised Code.	734

Sec. 3314.05.  (A) The contract between the community school	735
and the sponsor shall specify the facilities to be used for the	736
community school and the method of acquisition. Except as provided	737
in division (B)(3) of this section, no community school shall be	738
established in more than one school district under the same	739
contract.	740

(B) Division (B) of this section shall not apply to	741
internet- or computer-based community schools.	742

(1) A community school may be located in multiple facilities	743
under the same contract only if the limitations on availability	744
of space prohibit serving all the grade levels specified in the	745
contract in a single facility or division (B)(2) or (3) of this	746
section applies to the school. The school shall not offer the	747
same grade level classrooms in more than one facility.	748

(2) A community school may be located in multiple facilities	749
under the same contract and, notwithstanding division (B)(1) of	750
this section, may assign students in the same grade level to	751
multiple facilities, as long as all of the following apply:	752

(a) The governing authority of the community school filed a	753
copy of its contract with the school's sponsor under section	754
3314.03 of the Revised Code with the superintendent of public	755
instruction on or before May 15, 2008.	756

(b) The school was not open for operation prior to July 1,	757
2008.	758

(c) The governing authority has entered into and maintains a	759
contract with an operator of the type described in division	760
(A)(2)(B) of section 3314.014 of the Revised Code.	761

(d) The contract with that operator qualified the school to	762
be established pursuant to division (A) of section 3314.016 of the	763
Revised Code.	764

(e) The school's rating under section 3302.03 of the Revised	765
Code does not fall below "in need of continuous improvement" for	766
two or more consecutive years.	767

(3) A new start-up community school may be established in	768
two school districts under the same contract if all of the	769
following apply:	770

(a) At least one of the school districts in which the school	771
is established is a challenged school district;	772

(b) The school operates not more than one facility in each	773
school district and, in accordance with division (B)(1) of this	774
section, the school does not offer the same grade level classrooms	775
in both facilities; and	776

(c) Transportation between the two facilities does not	777
require more than thirty minutes of direct travel time as measured	778
by school bus.	779

In the case of a community school to which division (B)(3) of	780
this section applies, if only one of the school districts in which	781
the school is established is a challenged school district, that	782
district shall be considered the school's primary location and the	783
district in which the school is located for the purposes of	784
division (A)(19) of section 3314.03 and divisions (C) and (H) of	785
section 3314.06 of the Revised Code and for all other purposes of	786
this chapter. If both of the school districts in which the school	787
is established are challenged school districts, the school's	788
governing authority shall designate one of those districts to be	789
considered the school's primary location and the district in which	790
the school is located for the purposes of those divisions and all	791
other purposes of this chapter and shall notify the department of	792
education of that designation.	793

(4) Any facility used for a community school shall meet all	794
health and safety standards established by law for school	795
buildings.	796

(C) In the case where a community school is proposed to be	797
located in a facility owned by a school district or educational	798
service center, the facility may not be used for such community	799
school unless the district or service center board owning the	800
facility enters into an agreement for the community school to	801
utilize the facility. Use of the facility may be under any terms	802
and conditions agreed to by the district or service center board	803
and the school.	804

Sec. 3319.22.  (A)(1) The state board of education shall	805
issue the following educator licenses:	806

(a) A resident educator license, which shall be valid for	807
four years, except that the state board, on a case-by-case basis,	808
may extend the license's duration as necessary to enable the	809
license holder to complete the Ohio teacher residency program	810
established under section 3319.223 of the Revised Code;	811

(b) A professional educator license, which shall be valid for	812
five years and shall be renewable;	813

(c) A senior professional educator license, which shall be	814
valid for five years and shall be renewable;	815

(d) A lead professional educator license, which shall be	816
valid for five years and shall be renewable.	817

(2) The state board may issue any additional educator	818
licenses of categories, types, and levels the board elects to	819
provide.	820

(3) The state board shall adopt rules establishing the	821
standards and requirements for obtaining each educator license	822
issued under this section.	823

(B) The rules adopted under this section shall require at	824
least the following standards and qualifications for the educator	825
licenses described in division (A)(1) of this section:	826

(1) An applicant for a resident educator license shall hold	827
at least a bachelor's degree from an accredited teacher	828
preparation program.	829

(2) An applicant for a professional educator license shall:

830

(a) Hold at least a bachelor's degree from an institution of	831
higher education accredited by a regional accrediting	832
organization;	833

(b) Have successfully completed the Ohio teacher residency	834
program established under section 3319.223 of the Revised Code, if	835
the applicant's current or most recently issued license is a	836
resident educator license issued under this section or an	837
alternative resident educator license issued under section 3319.26	838
of the Revised Code;	839

(c) Demonstrate that students in the applicant's classroom	840
have achieved the applicable value-added measure specified in	841
division (D) of this section.	842

(3) An applicant for a senior professional educator license	843
shall:	844

(a) Hold at least a master's degree from an institution of	845
higher education accredited by a regional accrediting	846
organization;	847

(b) Have previously held a professional educator license	848
issued under this section or section 3319.222 or under former	849
section 3319.22 of the Revised Code;	850

(c) Meet the criteria for the accomplished or distinguished	851
level of performance, as described in the standards for teachers	852
adopted by the state board under section 3319.61 of the Revised	853
Code;	854

(d) Demonstrate that students in the applicant's classroom	855
have achieved the applicable value-added measure specified in	856
division (D) of this section.	857

(4) An applicant for a lead professional educator license	858
shall:	859

(a) Hold at least a master's degree from an institution of	860
higher education accredited by a regional accrediting	861
organization;	862

(b) Have previously held a professional educator license or a	863
senior professional educator license issued under this section or	864
a professional educator license issued under section 3319.222 or	865
former section 3319.22 of the Revised Code;	866

(c) Meet the criteria for the distinguished level of	867
performance, as described in the standards for teachers adopted by	868
the state board under section 3319.61 of the Revised Code;	869

(d) Either hold a valid certificate issued by the national	870
board for professional teaching standards or meet the criteria for	871
a master teacher or other criteria for a lead teacher adopted by	872
the educator standards board under division (F)(4) or (5) of	873
section 3319.61 of the Revised Code;	874

(e) Demonstrate that students in the applicant's classroom	875
have achieved the applicable value-added measure specified in	876
division (D) of this section.	877

(C) The state board shall align the standards and	878
qualifications for obtaining a principal license with the	879
standards for principals adopted by the state board under section	880
3319.61 of the Revised Code. The rules adopted under this section	881
for obtaining a principal license shall require that an applicant,	882
as a condition of qualifying for the license, demonstrate that	883
students in the applicant's classroom have achieved the applicable	884
value-added measure specified in division (D) of this section, if	885
the applicant is a classroom teacher seeking issuance of a new	886
principal license, or that students in the applicant's building	887
have achieved the applicable value-added measure specified in that	888
division, if the applicant is a principal seeking renewal of a	889
principal license.	890

(D) For the purpose of evaluating applicants for teacher and	891
principal licenses under divisions (B) and (C) of this section,	892
the state board shall use the following value-added measure:	893

(1) For teachers who provide instruction to students in	894
reading or mathematics in any of grades four to eight, one	895
standard year of academic growth for the applicable grade level,	896
as determined by the department of education in accordance with	897
rules adopted under division (A) of section 3302.021 of the	898
Revised Code, in each of those subject areas in which the teacher	899
provides instruction;	900

(2) For teachers who provide instruction in a course for	901
which an end-of-course examination has been selected under section	902
3301.0712 of the Revised Code, a standardized measure of	903
improvement in student achievement designated by the	904
superintendent of public instruction as applied to performance on	905
that examination by students enrolled in the teacher's course. If	906
a teacher provides instruction in more than one course for which	907
an end-of-course examination has been selected, the measure shall	908
account for student performance on each end-of-course examination	909
administered in a course taught by the teacher.	910

(3) For teachers to whom divisions (D)(1) and (2) of this	911
section do not apply, a value-added measure designated by the	912
superintendent of public instruction;	913

(4) For principals of schools in which a majority of the	914
grades offered are in the range from grade four to grade eight,	915
one standard year of academic growth in reading and mathematics	916
for each such grade level offered by the school, as determined by	917
the department in accordance with rules adopted under division (A)	918
of section 3302.021 of the Revised Code;	919

(5) For principals of schools in which a majority of the	920
grades offered are in the range from grade nine to grade twelve, a	921
standardized measure of improvement in student achievement	922
designated by the superintendent of public instruction as applied	923
to student performance on all end-of-course examinations selected	924
under section 3301.0712 of the Revised Code that are administered	925
by the school;	926

(6) For principals to whom divisions (D)(4) and (5) of this	927
section do not apply, a value-added measure designated by the	928
superintendent of public instruction.	929

(E) If the state board requires any examinations for educator	930
licensure, the department of education shall provide the results	931
of such examinations received by the department to the chancellor	932
of the Ohio board of regents, in the manner and to the extent	933
permitted by state and federal law.	934

(E)(F) Any rules the state board of education adopts, amends,	935
or rescinds for educator licenses under this section, division	936
(D) of section 3301.07 of the Revised Code, or any other law	937
shall be adopted, amended, or rescinded under Chapter 119. of the	938
Revised Code except as follows:	939

(1) Notwithstanding division (D) of section 119.03 and	940
division (A)(1) of section 119.04 of the Revised Code, in the case	941
of the adoption of any rule or the amendment or rescission of any	942
rule that necessitates institutions' offering preparation	943
programs for educators and other school personnel that are	944
approved by the chancellor of the Ohio board of regents under	945
section 3333.048 of the Revised Code to revise the curriculum of	946
those programs, the effective date shall not be as prescribed in	947
division (D) of section 119.03 and division (A)(1) of section	948
119.04 of the Revised Code. Instead, the effective date of such	949
rules, or the amendment or rescission of such rules, shall be the	950
date prescribed by section 3333.048 of the Revised Code.	951

(2) Notwithstanding the authority to adopt, amend, or rescind	952
emergency rules in division (F) of section 119.03 of the Revised	953
Code, this authority shall not apply to the state board of	954
education with regard to rules for educator licenses.	955

(F)(G)(1) The rules adopted under this section establishing	956
standards requiring additional coursework for the renewal of any	957
educator license shall require a school district and a chartered	958
nonpublic school to establish local professional development	959
committees. In a nonpublic school, the chief administrative	960
officer shall establish the committees in any manner acceptable to	961
such officer. The committees established under this division shall	962
determine whether coursework that a district or chartered	963
nonpublic school teacher proposes to complete meets the	964
requirement of the rules. The department of education shall	965
provide technical assistance and support to committees as the	966
committees incorporate the professional development standards	967
adopted by the state board of education pursuant to section	968
3319.61 of the Revised Code into their review of coursework that	969
is appropriate for license renewal. The rules shall establish a	970
procedure by which a teacher may appeal the decision of a local	971
professional development committee.	972

(2) In any school district in which there is no exclusive	973
representative established under Chapter 4117. of the Revised	974
Code, the professional development committees shall be established	975
as described in division (F)(G)(2) of this section.	976

Not later than the effective date of the rules adopted under	977
this section, the board of education of each school district shall	978
establish the structure for one or more local professional	979
development committees to be operated by such school district. The	980
committee structure so established by a district board shall	981
remain in effect unless within thirty days prior to an anniversary	982
of the date upon which the current committee structure was	983
established, the board provides notice to all affected district	984
employees that the committee structure is to be modified.	985
Professional development committees may have a district-level or	986
building-level scope of operations, and may be established with	987
regard to particular grade or age levels for which an educator	988
license is designated.	989

Each professional development committee shall consist of at	990
least three classroom teachers employed by the district, one	991
principal employed by the district, and one other employee of the	992
district appointed by the district superintendent. For committees	993
with a building-level scope, the teacher and principal members	994
shall be assigned to that building, and the teacher members shall	995
be elected by majority vote of the classroom teachers assigned to	996
that building. For committees with a district-level scope, the	997
teacher members shall be elected by majority vote of the classroom	998
teachers of the district, and the principal member shall be	999
elected by a majority vote of the principals of the district,	1000
unless there are two or fewer principals employed by the district,	1001
in which case the one or two principals employed shall serve on	1002
the committee. If a committee has a particular grade or age level	1003
scope, the teacher members shall be licensed to teach such grade	1004
or age levels, and shall be elected by majority vote of the	1005
classroom teachers holding such a license and the principal shall	1006
be elected by all principals serving in buildings where any such	1007
teachers serve. The district superintendent shall appoint a	1008
replacement to fill any vacancy that occurs on a professional	1009
development committee, except in the case of vacancies among the	1010
elected classroom teacher members, which shall be filled by vote	1011
of the remaining members of the committee so selected.	1012

Terms of office on professional development committees shall	1013
be prescribed by the district board establishing the committees.	1014
The conduct of elections for members of professional development	1015
committees shall be prescribed by the district board establishing	1016
the committees. A professional development committee may include	1017
additional members, except that the majority of members on each	1018
such committee shall be classroom teachers employed by the	1019
district. Any member appointed to fill a vacancy occurring prior	1020
to the expiration date of the term for which a predecessor was	1021
appointed shall hold office as a member for the remainder of that	1022
term.	1023

The initial meeting of any professional development	1024
committee, upon election and appointment of all committee members,	1025
shall be called by a member designated by the district	1026
superintendent. At this initial meeting, the committee shall	1027
select a chairperson and such other officers the committee deems	1028
necessary, and shall adopt rules for the conduct of its meetings.	1029
Thereafter, the committee shall meet at the call of the	1030
chairperson or upon the filing of a petition with the district	1031
superintendent signed by a majority of the committee members	1032
calling for the committee to meet.	1033

(3) In the case of a school district in which an exclusive	1034
representative has been established pursuant to Chapter 4117. of	1035
the Revised Code, professional development committees shall be	1036
established in accordance with any collective bargaining agreement	1037
in effect in the district that includes provisions for such	1038
committees.	1039

If the collective bargaining agreement does not specify a	1040
different method for the selection of teacher members of the	1041
committees, the exclusive representative of the district's	1042
teachers shall select the teacher members.	1043

If the collective bargaining agreement does not specify a	1044
different structure for the committees, the board of education of	1045
the school district shall establish the structure, including the	1046
number of committees and the number of teacher and administrative	1047
members on each committee; the specific administrative members to	1048
be part of each committee; whether the scope of the committees	1049
will be district levels, building levels, or by type of grade or	1050
age levels for which educator licenses are designated; the lengths	1051
of terms for members; the manner of filling vacancies on the	1052
committees; and the frequency and time and place of meetings.	1053
However, in all cases, except as provided in division (F)(G)(4) of	1054
this section, there shall be a majority of teacher members of any	1055
professional development committee, there shall be at least five	1056
total members of any professional development committee, and the	1057
exclusive representative shall designate replacement members in	1058
the case of vacancies among teacher members, unless the collective	1059
bargaining agreement specifies a different method of selecting	1060
such replacements.	1061

(4) Whenever an administrator's coursework plan is being	1062
discussed or voted upon, the local professional development	1063
committee shall, at the request of one of its administrative	1064
members, cause a majority of the committee to consist of	1065
administrative members by reducing the number of teacher members	1066
voting on the plan.	1067

(G)(H)(1) The department of education, educational service	1068
centers, county boards of developmental disabilities, regional	1069
professional development centers, special education regional	1070
resource centers, college and university departments of education,	1071
head start programs, the eTech Ohio commission, and the Ohio	1072
education computer network may establish local professional	1073
development committees to determine whether the coursework	1074
proposed by their employees who are licensed or certificated under	1075
this section or section 3319.222 of the Revised Code, or under the	1076
former version of either section as it existed prior to the	1077
effective date of this amendmentOctober 16, 2009, meet the	1078
requirements of the rules adopted under this section. They may	1079
establish local professional development committees on their own	1080
or in collaboration with a school district or other agency having	1081
authority to establish them.	1082

Local professional development committees established by	1083
county boards of developmental disabilities shall be structured in	1084
a manner comparable to the structures prescribed for school	1085
districts in divisions (F)(G)(2) and (3) of this section, as shall	1086
the committees established by any other entity specified in	1087
division (G)(H)(1) of this section that provides educational	1088
services by employing or contracting for services of classroom	1089
teachers licensed or certificated under this section or section	1090
3319.222 of the Revised Code, or under the former version of	1091
either section as it existed prior to the effective date of this	1092
amendmentOctober 16, 2009. All other entities specified in	1093
division (G)(H)(1) of this section shall structure their	1094
committees in accordance with guidelines which shall be issued	1095
by the state board.	1096

(2) Any public agency that is not specified in division	1097
(G)(H)(1) of this section but provides educational services and	1098
employs or contracts for services of classroom teachers licensed	1099
or certificated under this section or section 3319.222 of the	1100
Revised Code, or under the former version of either section as it	1101
existed prior to the effective date of this amendmentOctober 16,	1102
2009, may establish a local professional development committee,	1103
subject to the approval of the department of education. The	1104
committee shall be structured in accordance with guidelines issued	1105
by the state board.	1106

Sec. 3319.223.  (A) Not later than January 1, 2011, the	1107
superintendent of public instruction and the chancellor of the	1108
Ohio board of regents jointly shall establish the Ohio teacher	1109
residency program, which shall be a four-year, entry-level program	1110
for classroom teachers. The teacher residency program shall	1111
include at least the following components:	1112

(1) Mentoring by teachers who hold a lead professional	1113
educator license issued under section 3319.22 of the Revised Code;	1114

(2) Counseling to ensure that program participants receive	1115
needed professional development;	1116

(3) Use of measures of student academic gain to evaluate the	1117
effectiveness of program participants;	1118

(4) Measures of appropriate progression through the program.

1119

(B) The teacher residency program shall be aligned with the	1120
standards for teachers adopted by the state board of education	1121
under section 3319.61 of the Revised Code and best practices	1122
identified by the superintendent of public instruction.	1123

(C) Each person who holds a resident educator license issued	1124
under section 3319.22 of the Revised Code or an alternative	1125
resident educator license issued under section 3319.26 of the	1126
Revised Code shall participate in the teacher residency program.	1127
Successful completion of the program shall be required to qualify	1128
any such person for a professional educator license issued under	1129
section 3319.22 of the Revised Code.	1130

Sec. 3319.227. Notwithstanding any other provision of the	1131
Revised Code or any rule adopted by the state board of education	1132
to the contrary, the state board shall issue an initial	1133
professional educator license under section 3319.22 of the Revised	1134
Code to any applicant who has completed at least two years of	1135
teaching in another state as a participant in the teach for	1136
America program.	1137

Sec. 3319.61. (A) The educator standards board, in	1138
consultation with the chancellor of the Ohio board of regents,	1139
shall do all of the following:	1140

(1) Develop state standards for teachers and principals that	1141
reflect what teachers and principals are expected to know and be	1142
able to do at all stages of their careers. These standards shall	1143
be aligned with the statewide academic content standards for	1144
students adopted pursuant to section 3301.079 of the Revised Code,	1145
be primarily based on educator performance instead of years of	1146
experience or certain courses completed, and rely on	1147
evidence-based factors. These standards shall also be aligned	1148
with the operating standards adopted under division (D)(3) of	1149
section 3301.07 of the Revised Code.	1150

(a) The standards for teachers shall reflect the following	1151
additional criteria:	1152

(i) Alignment with the interstate new teacher assessment and	1153
support consortium standards;	1154

(ii) Differentiation among novice, experienced, and advanced	1155
teachers;	1156

(iii) Reliance on competencies that can be measured;

1157

(iv) Reliance on content knowledge, teaching skills,	1158
discipline-specific teaching methods, and requirements for	1159
professional development;	1160

(v) Alignment with a career-long system of professional	1161
development and evaluation that ensures teachers receive the	1162
support and training needed to achieve the teaching standards as	1163
well as reliable feedback about how well they meet the standards;	1164

(vi) The standards under section 3301.079 of the Revised	1165
Code, including standards on collaborative learning environments	1166
and interdisciplinary, project-based, real-world learning and	1167
differentiated instruction;	1168

(vii) The Ohio leadership framework.

1169

(b) The standards for principals shall be aligned with the	1170
interstate school leaders licensing consortium standards.	1171

(2) Develop standards for school district superintendents	1172
that reflect what superintendents are expected to know and be able	1173
to do at all stages of their careers. The standards shall reflect	1174
knowledge of systems theory and effective management principles	1175
and be aligned with the buckeye association of school	1176
administrators standards and the operating standards developed	1177
under division (D)(3) of section 3301.07 of the Revised Code.	1178

(3) Develop standards for school district treasurers and	1179
business managers that reflect what treasurers and business	1180
managers are expected to know and be able to do at all stages of	1181
their careers. The standards shall reflect knowledge of systems	1182
theory and effective management principles and be aligned with the	1183
association of school business officials international standards	1184
and the operating standards developed under division (D)(3) of	1185
section 3301.07 of the Revised Code.	1186

(4) Develop standards for the renewal of licenses under	1187
sections 3301.074 and 3319.22 of the Revised Code;	1188

(5) Develop standards for educator professional development;

1189

(6) Investigate and make recommendations for the creation,	1190
expansion, and implementation of school building and school	1191
district leadership academies.	1192

The superintendent of public instruction, the chancellor of	1193
the Ohio board of regents, or the education standards board itself	1194
may request that the educator standards board update, review, or	1195
reconsider any standards developed under this section.	1196

(B) The educator standards board shall incorporate indicators	1197
of cultural competency into the standards developed under division	1198
(A) of this section. For this purpose, the educator standards	1199
board shall develop a definition of cultural competency based upon	1200
content and experiences that enable educators to know, understand,	1201
and appreciate the students, families, and communities that they	1202
serve and skills for addressing cultural diversity in ways that	1203
respond equitably and appropriately to the cultural needs of	1204
individual students.	1205

(C) In developing the standards under division (A) of this	1206
section, the educator standards board shall consider the impact of	1207
the standards on closing the achievement gap between students of	1208
different subgroups.	1209

(D) In developing the standards under division (A) of this	1210
section, the educator standards board shall ensure both of the	1211
following:	1212

(1) That teachers have sufficient knowledge to provide	1213
appropriate instruction for students identified as gifted	1214
pursuant to Chapter 3324. of the Revised Code and to assist in the	1215
identification of such students, and have sufficient knowledge	1216
that will enable teachers to provide learning opportunities for	1217
all children to succeed;	1218

(2) That principals, superintendents, school treasurers, and	1219
school business managers have sufficient knowledge to provide	1220
principled, collaborative, foresighted, and data-based leadership	1221
that will provide learning opportunities for all children to	1222
succeed.	1223

(E) The standards for educator professional development	1224
developed under division (A)(5) of this section shall include the	1225
following:	1226

(1) Standards for the inclusion of local professional	1227
development committees established under section 3319.22 of the	1228
Revised Code in the planning and design of professional	1229
development;	1230

(2) Standards that address the crucial link between academic	1231
achievement and mental health issues.	1232

(F) The educator standards board shall also perform the	1233
following functions:	1234

(1) Monitor compliance with the standards developed under	1235
division (A) of this section and make recommendations to the	1236
state board of education for appropriate corrective action if	1237
such standards are not met;	1238

(2) Research, develop, and recommend policies on the	1239
professions of teaching and school administration;	1240

(3) Recommend policies to close the achievement gap between	1241
students of different subgroups;	1242

(4) Define a "master teacher" in a manner that can be used	1243
uniformly by all school districts;	1244

(5) Adopt criteria that a candidate for a lead professional	1245
educator license under section 3319.22 of the Revised Code who	1246
does not hold a valid certificate issued by the national board	1247
for professional teaching standards must meet to be considered a	1248
lead teacher for purposes of division (B)(4)(d) of that section.	1249
It is the intent of the general assembly that the educator	1250
standards board shall adopt multiple, equal-weighted criteria to	1251
use in determining whether a person is a lead teacher. The	1252
criteria shall be in addition to the other standards and	1253
qualifications prescribed in division (B)(4) of section 3319.22	1254
of the Revised Code. The criteria may include, but shall not be	1255
limited to, completion of educational levels beyond a master's	1256
degree or other professional development courses or demonstration	1257
of a leadership role in the teacher's school building or	1258
district. The board shall determine the number of criteria that	1259
a teacher shall satisfy to be recognized as a lead teacher,	1260
which shall not be the total number of criteria adopted by the	1261
board.	1262

(6) Develop model teacher and principal evaluation	1263
instruments and processes. The models shall be based on the	1264
standards developed under division (A) of this section.	1265

(7) Develop a method of measuring the academic improvement	1266
made by individual students during a one-year period and make	1267
recommendations for incorporating the measurement as one of	1268
multiple evaluation criteria into each of the following:	1269

(a) Eligibility for a professional educator license, senior	1270
professional educator license, lead professional educator license,	1271
or principal license issued under section 3319.22 of the Revised	1272
Code;	1273

(b) The Ohio teacher residency program established under	1274
section 3319.223 of the Revised Code;	1275

(c) The model teacher and principal evaluation instruments	1276
and processes developed under division (F)(6) of this sectionand	1277
student performance over time as determined by value-added data	1278
and other standardized evidence of student achievement gains.	1279

(G) The educator standards board shall submit recommendations	1280
of standards developed under division (A) of this section to the	1281
state board of education not later than September 1, 2010. The	1282
state board of education shall review those recommendations at	1283
the state board's regular meeting that next succeeds the date that	1284
the recommendations are submitted to the state board. At that	1285
meeting, the state board of education shall vote to either adopt	1286
standards based on those recommendations or request that the	1287
educator standards board reconsider its recommendations. The state	1288
board of education shall articulate reasons for requesting	1289
reconsideration of the recommendations but shall not direct the	1290
content of the recommendations. The educator standards board shall	1291
reconsider its recommendations if the state board of education so	1292
requests, may revise the recommendations, and shall resubmit the	1293
recommendations, whether revised or not, to the state board not	1294
later than two weeks prior to the state board's regular meeting	1295
that next succeeds the meeting at which the state board requested	1296
reconsideration of the initial recommendations. The state board of	1297
education shall review the recommendations as resubmitted by the	1298
educator standards board at the state board's regular meeting that	1299
next succeeds the meeting at which the state board requested	1300
reconsideration of the initial recommendations and may adopt the	1301
standards as resubmitted or, if the resubmitted standards have not	1302
addressed the state board's concerns, the state board may modify	1303
the standards prior to adopting them. The state board shall adopt	1304
standards under this section in accordance with Chapter 119. of	1305
the Revised Code. The final responsibility to determine whether	1306
to adopt standards as described in division (A) of this section	1307
and the content of those standards, if adopted, belongs solely to	1308
the state board of education.	1309

Section 2. That existing sections 3314.013, 3314.014,	1310
3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223,	1311
and 3319.61 of the Revised Code are hereby repealed.	1312

Section 3.  Section 3314.014 of the Revised Code is	1313
presented in this act as a composite of the section as amended by	1314
both Am. Sub. H.B. 79 and Am. Sub. H.B. 276 of the 126th General	1315
Assembly. The General Assembly, applying the principle stated in	1316
division (B) of section 1.52 of the Revised Code that amendments	1317
are to be harmonized if reasonably capable of simultaneous	1318
operation, finds that the composite is the resulting version of	1319
the section in effect prior to the effective date of the section	1320
as presented in this act.	1321

Section 4.  Section 3319.22 of the Revised Code is presented	1322
in this act as a composite of the section as amended by both Am.	1323
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1324
General Assembly, applying the principle stated in division (B)	1325
of section 1.52 of the Revised Code that amendments are to be	1326
harmonized if reasonably capable of simultaneous operation, finds	1327
that the composite is the resulting version of the section in	1328
effect prior to the effective date of the section as presented in	1329
this act.	1330