As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 316

Representative Slesnick 

Cosponsors: Representatives Letson, Domenick, Yuko, Patten, Harris, Yates, Luckie, Foley, Chandler, Hagan, Stewart, Celeste 

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A BILL

To amend sections 3313.60, 3313.6011, 3314.03, and

1

3326.11 of the Revised Code to establish

2

statutory standards for comprehensive sexual

3

health education and HIV/AIDS prevention

4

education in public schools and to designate

5

section 3313.6011 of the Revised Code as the "Act

6

for Our Children's Future."

7

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

Section 1. That sections 3313.60, 3313.6011, 3314.03, and	8
3326.11 of the Revised Code be amended to read as follows:	9

Sec. 3313.60.  Notwithstanding division (D) of section	10
3311.52 of the Revised Code, divisions (A) to (E) of this section	11
do not apply to any cooperative education school district	12
established pursuant to divisions (A) to (C) of section 3311.52 of	13
the Revised Code.	14

(A) The board of education of each city and exempted village	15
school district, the governing board of each educational service	16
center, and the board of each cooperative education school	17
district established pursuant to section 3311.521 of the Revised	18
Code shall prescribe a curriculum for all schools under their	19
control. Except as provided in division (E) of this section, in	20
any such curriculum there shall be included the study of the	21
following subjects:	22

(1) The language arts, including reading, writing, spelling,	23
oral and written English, and literature;	24

(2) Geography, the history of the United States and of Ohio,	25
and national, state, and local government in the United States,	26
including a balanced presentation of the relevant contributions to	27
society of men and women of African, Mexican, Puerto Rican, and	28
American Indian descent as well as other ethnic and racial groups	29
in Ohio and the United States;	30

(3) Mathematics;

31

(4) Natural science, including instruction in the	32
conservation of natural resources;	33

(5) Health education, which shall include instruction in:

34

(a) The nutritive value of foods, including natural and	35
organically produced foods, the relation of nutrition to health,	36
the use and effects of food additives;	37

(b) The harmful effects of and legal restrictions against the	38
use of drugs of abuse, alcoholic beverages, and tobacco;	39

(c) Venereal diseaseSexually transmitted infection	40
prevention education, including HIV/AIDS prevention education in	41
accordance with section 3313.6011 of the Revised Code, except that	42
upon written request of the student's parent or guardian, a	43
student shall be excused from taking instruction in venereal	44
disease education;sexually transmitted infection prevention.	45
Instruction shall stress, if age-appropriate, the value of	46
abstinence while not ignoring those who have been or are sexually	47
active. Therefore, abstinence shall not be taught to the exclusion	48
of other instruction and materials on contraceptive and disease	49
reduction measures.	50

(d) In grades kindergarten through six, instruction in	51
personal safety and assault prevention, except that upon written	52
request of the student's parent or guardian, a student shall be	53
excused from taking instruction in personal safety and assault	54
prevention.	55

(6) Physical education;

56

(7) The fine arts, including music;

57

(8) First aid, including a training program in	58
cardiopulmonary resuscitation, safety, and fire prevention, except	59
that upon written request of the student's parent or guardian, a	60
student shall be excused from taking instruction in	61
cardiopulmonary resuscitation.	62

(B) Except as provided in division (E) of this section, every	63
school or school district shall include in the requirements for	64
promotion from the eighth grade to the ninth grade one year's	65
course of study of American history. A board may waive this	66
requirement for academically accelerated students who, in	67
accordance with procedures adopted by the board, are able to	68
demonstrate mastery of essential concepts and skills of the	69
eighth grade American history course of study.	70

(C) Except as provided in division (E) of this section, every	71
high school shall include in the requirements for graduation from	72
any curriculum one unit of American history and government,	73
including a study of the constitutions of the United States and of	74
Ohio.	75

(D) Except as provided in division (E) of this section, basic	76
instruction in geography, United States history, the government of	77
the United States, the government of the state of Ohio, local	78
government in Ohio, the Declaration of Independence, the United	79
States Constitution, and the Constitution of the state of Ohio	80
shall be required before pupils may participate in courses	81
involving the study of social problems, economics, foreign	82
affairs, United Nations, world government, socialism and	83
communism.	84

(E) For each cooperative education school district	85
established pursuant to section 3311.521 of the Revised Code and	86
each city, exempted village, and local school district that has	87
territory within such a cooperative district, the curriculum	88
adopted pursuant to divisions (A) to (D) of this section shall	89
only include the study of the subjects that apply to the grades	90
operated by each such school district. The curriculums for such	91
schools, when combined, shall provide to each student of these	92
districts all of the subjects required under divisions (A) to (D)	93
of this section.	94

(F) The board of education of any cooperative education	95
school district established pursuant to divisions (A) to (C) of	96
section 3311.52 of the Revised Code shall prescribe a curriculum	97
for the subject areas and grade levels offered in any school under	98
its control.	99

(G) Upon the request of any parent or legal guardian of a	100
student, the board of education of any school district shall	101
permit the parent or guardian to promptly examine, with respect to	102
the parent's or guardian's own child:	103

(1) Any survey or questionnaire, prior to its administration	104
to the child;	105

(2) Any textbook, workbook, software, video, or other	106
instructional materials being used by the district in connection	107
with the instruction of the child;	108

(3) Any completed and graded test taken or survey or	109
questionnaire filled out by the child;	110

(4) Copies of the statewide academic standards and each model	111
curriculum developed pursuant to section 3301.079 of the Revised	112
Code, which copies shall be available at all times during school	113
hours in each district school building.	114

Sec. 3313.6011.  (A) As used in this section, "sexual	115
activity" has the same meaning as in section 2907.01 of the	116
Revised Code.	117

(B) Instruction in venereal disease education pursuant to	118
division (A)(5)(c) of section 3313.60 of the Revised Code shall	119
emphasize that abstinence from sexual activity is the only	120
protection that is one hundred per cent effective against unwanted	121
pregnancy, sexually transmitted disease, and the sexual	122
transmission of a virus that causes acquired immunodeficiency	123
syndrome.	124

(C) In adopting minimum standards under section 3301.07 of	125
the Revised Code, the state board of education shall require	126
course material and instruction in venereal disease education	127
courses taught pursuant to division (A)(5)(c) of section 3313.60	128
of the Revised Code to do all of the following:	129

(1) Stress that students should abstain from sexual activity	130
until after marriage;	131

(2) Teach the potential physical, psychological, emotional,	132
and social side effects of participating in sexual activity	133
outside of marriage;	134

(3) Teach that conceiving children out of wedlock is likely	135
to have harmful consequences for the child, the child's parents,	136
and society;	137

(4) Stress that sexually transmitted diseases are serious	138
possible hazards of sexual activity;	139

(5) Advise students of the laws pertaining to financial	140
responsibility of parents to children born in and out of wedlock;	141

(6) Advise students of the circumstances under which it is	142
criminal to have sexual contact with a person under the age of	143
sixteen pursuant to section 2907.04 of the Revised Code;	144

(7) Emphasize adoption as an option for unintended	145
pregnancies.	146

(D):

147

(1) "Age-appropriate" means designed to teach concepts,	148
information, and skills based on the social, cognitive, emotional,	149
and experience level of pupils.	150

(2) "Comprehensive sexual health education" means education	151
regarding human development and sexuality, including education on	152
sexual health, family planning, and sexually transmitted	153
infections.	154

(3) "HIV/AIDS prevention education" means instruction on the	155
nature of HIV/AIDS, methods of transmission, strategies to reduce	156
the risk of human immunodeficiency virus (HIV) infection, and	157
social and public health issues related to HIV/AIDS. "HIV/AIDS	158
prevention education" is not comprehensive sexual health	159
education.	160

(4) "Instructors trained in the appropriate courses" means	161
instructors with knowledge of the most recent medically and	162
scientifically accurate research on human sexuality, pregnancy,	163
and sexually transmitted infections.	164

(5) "Medically and scientifically accurate" means verified or	165
supported by research conducted in compliance with scientific	166
methods and published in peer-reviewed journals, where	167
appropriate, and recognized as accurate and objective by	168
professional organizations and agencies with expertise in the	169
relevant field, such as the United States centers for disease	170
control and prevention and the American college of obstetricians	171
and gynecologists.	172

(B) Any school district or educational service center may	173
offer comprehensive sexual health education. Beginning August 1,	174
2010, each school district and educational service center that	175
elects to offer comprehensive sexual health education shall ensure	176
that the program meets all of the following requirements:	177

(1) Instruction and materials shall be age-appropriate.

178

(2) All factual information shall be medically and	179
scientifically accurate.	180

(3) Instruction and materials shall be appropriate for use	181
with all pupils regardless of gender, race, ethnic and cultural	182
background, religion, disability, sexual orientation, or gender	183
identity.	184

(4) Instruction and materials shall encourage pupils to	185
communicate with their parents or guardians about human sexuality.	186

(5) Instruction and materials shall teach all of the	187
following:	188

(a) That abstinence from sexual activity is the only certain	189
way to avoid pregnancy, sexually transmitted diseases, and other	190
associated health problems;	191

(b) That bearing children outside of a committed relationship	192
is likely to have consequences for the child, the child's parents,	193
and society;	194

(c) Young people how to effectively reject sexual advances	195
and how alcohol and drug use increases vulnerability to sexual	196
advances;	197

(d) The importance of attaining self-sufficiency before	198
engaging in sexual activity.	199

(6) If age-appropriate, instruction and materials shall	200
stress the value of abstinence while not ignoring those young	201
people who have been or are sexually active. Therefore,	202
abstinence shall not be taught to the exclusion of other	203
instruction and materials on contraceptive and disease reduction	204
measures.	205

(7) If age-appropriate, instruction and materials shall	206
provide information about the effectiveness and safety, including	207
the health benefits and side effects, of all contraceptive methods	208
in preventing unintended pregnancy and reducing the risk of	209
contracting sexually transmitted infections.	210

(8) Instruction about sexually transmitted infections shall	211
commence not later than grade seven. That instruction shall	212
include how sexually transmitted infections are and are not	213
transmitted, the effectiveness and methods of reducing the risk	214
of contracting sexually transmitted infections, and	215
identification of local resources for testing and medical care	216
for sexually transmitted infections and HIV.	217

(9) If age-appropriate, instruction and materials shall	218
provide pupils with skills for negotiating intimate relationships	219
and making and implementing responsible decisions about sexuality.	220

(10) If age-appropriate, instruction and materials shall	221
include a discussion of the possible emotional, physical, and	222
psychological consequences of preadolescent and adolescent sexual	223
activity and the emotional, physical, and psychological	224
consequences of unintended pregnancy.	225

(11) Instruction and materials shall teach pupils to	226
recognize unwanted physical and verbal sexual advances, not to	227
make unwanted physical and verbal sexual advances, and how to	228
effectively reject unwanted sexual advances. The instruction and	229
materials shall cover verbal, physical, and visual sexual	230
harassment, including nonconsensual physical sexual contact and	231
rape by an acquaintance or family member. The course information	232
and materials shall emphasize personal accountability and respect	233
for others and shall encourage youth to resist peer pressure.	234

(12) Comprehensive sexual health education shall not include	235
any instruction or materials that teach or promote religious	236
doctrine.	237

A school district or educational service center may use	238
separate, outside speakers or prepared curricula to teach	239
different content areas or units with the comprehensive sexual	240
health education program, as long as all speakers, curricula, and	241
materials used comply with this section.	242

(C) Each city, local, exempted village, and joint vocational	243
school district shall ensure that each pupil in grades seven	244
through twelve receives HIV/AIDS prevention education from	245
instructors trained in the appropriate courses. Each pupil shall	246
receive this instruction at least once in grades seven through	247
nine, and at least once in grades ten through twelve. HIV/AIDS	248
prevention education, whether taught by school district personnel	249
or outside consultants, shall accurately reflect the latest	250
information and recommendations from the United States surgeon	251
general, the United States centers for disease control and	252
prevention, and the national academy of sciences, and shall	253
include all of the following:	254

(1) Information on the nature of HIV/AIDS and its effects on	255
the human body;	256

(2) Information on the manner in which HIV is and is not	257
transmitted, including information on activities that present the	258
highest risk of HIV infection;	259

(3) Discussion of methods to reduce the risk of HIV	260
infection, which shall emphasize that sexual abstinence, monogamy,	261
and the avoidance of multiple sexual partners, and abstinence from	262
intravenous drug use, are the most effective means for HIV/AIDS	263
prevention, but shall also include statistics based upon the	264
latest medical information citing the success and failure rates of	265
condoms and other contraceptives in preventing sexually	266
transmitted HIV infection, as well as information on other methods	267
that may reduce the risk of HIV transmission from intravenous drug	268
use;	269

(4) Discussion of the public health issues associated with	270
HIV/AIDS;	271

(5) Information on local resources for HIV testing and	272
medical care;	273

(6) Instruction and materials that provide pupils with skills	274
for negotiating intimate relationships and making and implementing	275
responsible decisions about sexuality;	276

(7) Discussion about societal views on HIV/AIDS, including	277
stereotypes and myths regarding persons with HIV/AIDS, which shall	278
emphasize an understanding of the disease and its impact on	279
people's lives;	280

(8) Instruction and materials that teach pupils to recognize	281
unwanted physical and verbal sexual advances, not to make unwanted	282
physical and verbal sexual advances, and how to effectively reject	283
unwanted sexual advances. The instruction and materials shall	284
cover verbal, physical, and visual sexual harassment, including	285
nonconsensual physical sexual contact and rape by an acquaintance	286
or family member. The course information and materials shall	287
emphasize personal accountability and respect for others and shall	288
encourage youth to resist peer pressure.	289

(D) Each school district and educational service center shall	290
cooperatively plan and provide, through regional planning, joint	291
powers agreements, or contract services, in-service training for	292
all school district personnel who provide comprehensive sexual	293
health education or HIV/AIDS prevention education. In doing so,	294
each district and service center shall consult with the department	295
of education.	296

The in-service training shall be conducted periodically to	297
enable district and service center personnel to learn new	298
developments in the scientific understanding of sexual health and	299
HIV/AIDS. The in-service training shall be voluntary for district	300
and service center personnel who have demonstrated expertise or	301
received in-service training from the department or the United	302
States centers for disease control and prevention.	303

A district or service center may contract with outside	304
consultants with expertise in comprehensive sexual health	305
education and HIV/AIDS prevention education, including those who	306
have developed multilingual curricula or curricula accessible to	307
persons with disabilities, to deliver the in-service training to	308
district or service center personnel.	309

(E) At the beginning of each school year, or at the time of	310
enrollment in the case of a pupil who enrolls after the beginning	311
of the school year, each school district shall notify the parent	312
or guardian of each pupil about instruction in comprehensive	313
sexual health education and HIV/AIDS prevention education and	314
about research on pupil health behaviors and health risks planned	315
for that year. The notice shall advise parents and guardians of	316
all of the following:	317

(1) That written and audio-visual educational materials used	318
in comprehensive sexual health education and HIV/AIDS prevention	319
education are available for inspection;	320

(2) Whether comprehensive sexual health education or HIV/AIDS	321
prevention education will be taught by school district personnel	322
or by outside consultants;	323

(3) That a parent or guardian may request a copy of this	324
section;	325

(4) That a parent or guardian may request in writing that the	326
child not receive comprehensive sexual health education or	327
HIV/AIDS prevention education.	328

A school district or educational service center shall not	329
permit a pupil to attend any class in comprehensive sexual health	330
education or HIV/AIDS prevention education if the school has	331
received a written request from the pupil's parent or guardian	332
excusing the pupil from participation. A pupil who is so excused	333
shall not be subject to disciplinary action, academic penalty, or	334
other sanction, and the district or service center shall make an	335
alternative educational activity available for the pupil while	336
comprehensive sexual health education or HIV/AIDS prevention	337
education is conducted.	338

Each school district and educational service center shall	339
make written and audio-visual educational materials used in	340
comprehensive sexual health education and HIV/AIDS prevention	341
education available for inspection by the parents and guardians of	342
pupils. Each school district shall provide a copy of this section	343
upon request to the parent or guardian of a pupil enrolled in the	344
district.	345

(F) Any model education program for health education the	346
state board of education adopts shall conform to the requirements	347
of this section.	348

(E) On and after March 18, 1999, and notwithstanding(G) If a	349
school district or educational service center does not elect to	350
offer comprehensive sexual health education under this section,	351
any sexual education that the school district or educational	352
service center offers, including instruction in sexually	353
transmitted infection prevention pursuant to division (A)(5)(c) of	354
section 3313.60 of the Revised Code, shall stress, if	355
age-appropriate, the value of abstinence while not ignoring those	356
who have been or are sexually active. Therefore, abstinence shall	357
not be taught to the exclusion of other instruction and materials	358
on contraceptive and disease reduction measures.	359

(H) Notwithstanding section 3302.07 of the Revised Code, the	360
superintendent of public instruction shall not approve, pursuant	361
to that section 3302.07 of the Revised Code, any waiver of any	362
requirement of this section or of any rule adopted by the state	363
board of education pursuant to this section.	364

Sec. 3314.03.  A copy of every contract entered into under	365
this section shall be filed with the superintendent of public	366
instruction.	367

(A) Each contract entered into between a sponsor and the	368
governing authority of a community school shall specify the	369
following:	370

(1) That the school shall be established as either of the	371
following:	372

(a) A nonprofit corporation established under Chapter 1702.	373
of the Revised Code, if established prior to April 8, 2003;	374

(b) A public benefit corporation established under Chapter	375
1702. of the Revised Code, if established after April 8, 2003;.	376

(2) The education program of the school, including the	377
school's mission, the characteristics of the students the school	378
is expected to attract, the ages and grades of students, and the	379
focus of the curriculum;	380

(3) The academic goals to be achieved and the method of	381
measurement that will be used to determine progress toward those	382
goals, which shall include the statewide achievement assessments;	383

(4) Performance standards by which the success of the school	384
will be evaluated by the sponsor;	385

(5) The admission standards of section 3314.06 of the Revised	386
Code and, if applicable, section 3314.061 of the Revised Code;	387

(6)(a) Dismissal procedures;

388

(b) A requirement that the governing authority adopt an	389
attendance policy that includes a procedure for automatically	390
withdrawing a student from the school if the student without a	391
legitimate excuse fails to participate in one hundred five	392
consecutive hours of the learning opportunities offered to the	393
student.	394

(7) The ways by which the school will achieve racial and	395
ethnic balance reflective of the community it serves;	396

(8) Requirements for financial audits by the auditor of	397
state. The contract shall require financial records of the school	398
to be maintained in the same manner as are financial records of	399
school districts, pursuant to rules of the auditor of state.	400
Audits shall be conducted in accordance with section 117.10 of	401
the Revised Code.	402

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

403

(10) Qualifications of teachers, including a requirement that	404
the school's classroom teachers be licensed in accordance with	405
sections 3319.22 to 3319.31 of the Revised Code, except that a	406
community school may engage noncertificated persons to teach up to	407
twelve hours per week pursuant to section 3319.301 of the Revised	408
Code;	409

(11) That the school will comply with the following	410
requirements:	411

(a) The school will provide learning opportunities to a	412
minimum of twenty-five students for a minimum of nine hundred	413
twenty hours per school year.	414

(b) The governing authority will purchase liability	415
insurance, or otherwise provide for the potential liability of the	416
school.	417

(c) The school will be nonsectarian in its programs,	418
admission policies, employment practices, and all other	419
operations, and will not be operated by a sectarian school or	420
religious institution.	421

(d) The school will comply with sections 9.90, 9.91, 109.65,	422
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	423
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	424
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	425
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	426
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	427
3313.716, 3313.718, 3313.719, 3313.80, 3313.86, 3313.96,	428
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01,	429
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	430
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	431
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	432
of the Revised Code as if it were a school district and will	433
comply with section 3301.0714 of the Revised Code in the manner	434
specified in section 3314.17 of the Revised Code.	435

(e) The school shall comply with Chapter 102. and section	436
2921.42 of the Revised Code.	437

(f) The school will comply with sections 3313.61, 3313.611,	438
and 3313.614 of the Revised Code, except that for students who	439
enter ninth grade for the first time before July 1, 2010, the	440
requirement in sections 3313.61 and 3313.611 of the Revised Code	441
that a person must successfully complete the curriculum in any	442
high school prior to receiving a high school diploma may be met by	443
completing the curriculum adopted by the governing authority of	444
the community school rather than the curriculum specified in Title	445
XXXIII of the Revised Code or any rules of the state board of	446
education. Beginning with students who enter ninth grade for the	447
first time on or after July 1, 2010, the requirement in sections	448
3313.61 and 3313.611 of the Revised Code that a person must	449
successfully complete the curriculum of a high school prior to	450
receiving a high school diploma shall be met by completing the	451
Ohio core curriculum prescribed in division (C) of section	452
3313.603 of the Revised Code, unless the person qualifies under	453
division (D) or (F) of that section. Each school shall comply with	454
the plan for awarding high school credit based on demonstration of	455
subject area competency, adopted by the state board of education	456
under division (J) of section 3313.603 of the Revised Code.	457

(g) The school governing authority will submit within four	458
months after the end of each school year a report of its	459
activities and progress in meeting the goals and standards of	460
divisions (A)(3) and (4) of this section and its financial status	461
to the sponsor and the parents of all students enrolled in the	462
school.	463

(h) The school, unless it is an internet- or computer-based	464
community school, will comply with section 3313.801 of the Revised	465
Code as if it were a school district.	466

(12) Arrangements for providing health and other benefits to	467
employees;	468

(13) The length of the contract, which shall begin at the	469
beginning of an academic year. No contract shall exceed five	470
years unless such contract has been renewed pursuant to division	471
(E) of this section.	472

(14) The governing authority of the school, which shall be	473
responsible for carrying out the provisions of the contract;	474

(15) A financial plan detailing an estimated school budget	475
for each year of the period of the contract and specifying the	476
total estimated per pupil expenditure amount for each such year.	477
The plan shall specify for each year the base formula amount that	478
will be used for purposes of funding calculations under section	479
3314.08 of the Revised Code. This base formula amount for any year	480
shall not exceed the formula amount defined under section 3317.02	481
of the Revised Code. The plan may also specify for any year a	482
percentage figure to be used for reducing the per pupil amount of	483
the subsidy calculated pursuant to section 3317.029 of the Revised	484
Code the school is to receive that year under section 3314.08 of	485
the Revised Code.	486

(16) Requirements and procedures regarding the disposition of	487
employees of the school in the event the contract is terminated or	488
not renewed pursuant to section 3314.07 of the Revised Code;	489

(17) Whether the school is to be created by converting all or	490
part of an existing public school or educational service center	491
building or is to be a new start-up school, and if it is a	492
converted public school or service center building, specification	493
of any duties or responsibilities of an employer that the board of	494
education or service center governing board that operated the	495
school or building before conversion is delegating to the	496
governing authority of the community school with respect to all	497
or any specified group of employees provided the delegation is	498
not prohibited by a collective bargaining agreement applicable to	499
such employees;	500

(18) Provisions establishing procedures for resolving	501
disputes or differences of opinion between the sponsor and the	502
governing authority of the community school;	503

(19) A provision requiring the governing authority to adopt a	504
policy regarding the admission of students who reside outside the	505
district in which the school is located. That policy shall comply	506
with the admissions procedures specified in sections 3314.06 and	507
3314.061 of the Revised Code and, at the sole discretion of the	508
authority, shall do one of the following:	509

(a) Prohibit the enrollment of students who reside outside	510
the district in which the school is located;	511

(b) Permit the enrollment of students who reside in districts	512
adjacent to the district in which the school is located;	513

(c) Permit the enrollment of students who reside in any other	514
district in the state.	515

(20) A provision recognizing the authority of the department	516
of education to take over the sponsorship of the school in	517
accordance with the provisions of division (C) of section 3314.015	518
of the Revised Code;	519

(21) A provision recognizing the sponsor's authority to	520
assume the operation of a school under the conditions specified in	521
division (B) of section 3314.073 of the Revised Code;	522

(22) A provision recognizing both of the following:

523

(a) The authority of public health and safety officials to	524
inspect the facilities of the school and to order the facilities	525
closed if those officials find that the facilities are not in	526
compliance with health and safety laws and regulations;	527

(b) The authority of the department of education as the	528
community school oversight body to suspend the operation of the	529
school under section 3314.072 of the Revised Code if the	530
department has evidence of conditions or violations of law at the	531
school that pose an imminent danger to the health and safety of	532
the school's students and employees and the sponsor refuses to	533
take such action;	534

(23) A description of the learning opportunities that will be	535
offered to students including both classroom-based and	536
non-classroom-based learning opportunities that is in compliance	537
with criteria for student participation established by the	538
department under division (L)(2) of section 3314.08 of the	539
Revised Code;	540

(24) The school will comply with sections 3302.04 and	541
3302.041 of the Revised Code, except that any action required to	542
be taken by a school district pursuant to those sections shall	543
be taken by the sponsor of the school. However, the sponsor	544
shall not be required to take any action described in division	545
(F) of section 3302.04 of the Revised Code.	546

(25) Beginning in the 2006-2007 school year, the school will	547
open for operation not later than the thirtieth day of September	548
each school year, unless the mission of the school as specified	549
under division (A)(2) of this section is solely to serve dropouts.	550
In its initial year of operation, if the school fails to open by	551
the thirtieth day of September, or within one year after the	552
adoption of the contract pursuant to division (D) of section	553
3314.02 of the Revised Code if the mission of the school is solely	554
to serve dropouts, the contract shall be void.	555

(B) The community school shall also submit to the sponsor a	556
comprehensive plan for the school. The plan shall specify the	557
following:	558

(1) The process by which the governing authority of the	559
school will be selected in the future;	560

(2) The management and administration of the school;

561

(3) If the community school is a currently existing public	562
school or educational service center building, alternative	563
arrangements for current public school students who choose not to	564
attend the converted school and for teachers who choose not to	565
teach in the school or building after conversion;	566

(4) The instructional program and educational philosophy of	567
the school;	568

(5) Internal financial controls.

569

(C) A contract entered into under section 3314.02 of the	570
Revised Code between a sponsor and the governing authority of a	571
community school may provide for the community school governing	572
authority to make payments to the sponsor, which is hereby	573
authorized to receive such payments as set forth in the contract	574
between the governing authority and the sponsor. The total amount	575
of such payments for oversight and monitoring of the school shall	576
not exceed three per cent of the total amount of payments for	577
operating expenses that the school receives from the state.	578

(D) The contract shall specify the duties of the sponsor	579
which shall be in accordance with the written agreement entered	580
into with the department of education under division (B) of	581
section 3314.015 of the Revised Code and shall include the	582
following:	583

(1) Monitor the community school's compliance with all laws	584
applicable to the school and with the terms of the contract;	585

(2) Monitor and evaluate the academic and fiscal performance	586
and the organization and operation of the community school on at	587
least an annual basis;	588

(3) Report on an annual basis the results of the evaluation	589
conducted under division (D)(2) of this section to the department	590
of education and to the parents of students enrolled in the	591
community school;	592

(4) Provide technical assistance to the community school in	593
complying with laws applicable to the school and terms of the	594
contract;	595

(5) Take steps to intervene in the school's operation to	596
correct problems in the school's overall performance, declare the	597
school to be on probationary status pursuant to section 3314.073	598
of the Revised Code, suspend the operation of the school pursuant	599
to section 3314.072 of the Revised Code, or terminate the contract	600
of the school pursuant to section 3314.07 of the Revised Code as	601
determined necessary by the sponsor;	602

(6) Have in place a plan of action to be undertaken in the	603
event the community school experiences financial difficulties or	604
closes prior to the end of a school year.	605

(E) Upon the expiration of a contract entered into under this	606
section, the sponsor of a community school may, with the approval	607
of the governing authority of the school, renew that contract for	608
a period of time determined by the sponsor, but not ending earlier	609
than the end of any school year, if the sponsor finds that the	610
school's compliance with applicable laws and terms of the contract	611
and the school's progress in meeting the academic goals prescribed	612
in the contract have been satisfactory. Any contract that is	613
renewed under this division remains subject to the provisions of	614
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	615

(F) If a community school fails to open for operation within	616
one year after the contract entered into under this section is	617
adopted pursuant to division (D) of section 3314.02 of the Revised	618
Code or permanently closes prior to the expiration of the	619
contract, the contract shall be void and the school shall not	620
enter into a contract with any other sponsor. A school shall not	621
be considered permanently closed because the operations of the	622
school have been suspended pursuant to section 3314.072 of the	623
Revised Code. Any contract that becomes void under this division	624
shall not count toward any statewide limit on the number of such	625
contracts prescribed by section 3314.013 of the Revised Code.	626

Sec. 3326.11. Each science, technology, engineering, and	627
mathematics school established under this chapter and its	628
governing body shall comply with sections 9.90, 9.91, 109.65,	629
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	630
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	631
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	632
3313.50, 3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013,	633
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,	634
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	635
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,	636
3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	637
3313.86, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321,	638
3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,	639
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	640
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	641
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	642
4123., 4141., and 4167. of the Revised Code as if it were a	643
school district.	644

Section 2. That existing sections 3313.60, 3313.6011,	645
3314.03, and 3326.11 of the Revised Code are hereby repealed.	646

Section 3. (A) Section 3313.6011 of the Revised Code is to be	647
known as the "Act for Our Children's Future."	648

(B) The purposes of the Act for Our Children's Future are to:

649

(1) Provide pupils with knowledge and skills necessary to	650
protect their sexual and reproductive health from unintended	651
pregnancy and sexually transmitted infections;	652

(2) Encourage pupils to develop responsible decision-making	653
skills as well as healthy attitudes and values about adolescent	654
growth and development, body image, gender roles, sexual	655
orientation, and healthy relationships.	656