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To amend sections 3313.603, 3313.813, 3313.814, | 1 |
3314.03, 3314.18, 3326.11, and 3326.13 and to | 2 |
enact sections 3301.92, 3301.921, 3301.922, | 3 |
3301.923, 3302.032, 3313.6016, 3313.674, 3313.816, | 4 |
3313.817, and 3319.076 of the Revised Code to | 5 |
establish nutritional standards for certain foods | 6 |
and beverages sold in schools; to require students | 7 |
to have periodic body mass index measurements; to | 8 |
require daily physical activity for students and | 9 |
to make other changes regarding physical | 10 |
education; and to establish the Healthy Choices | 11 |
for Healthy Children Council. | 12 |
Section 1. That sections 3313.603, 3313.813, 3313.814, | 13 |
3314.03, 3314.18, 3326.11, and 3326.13 be amended and sections | 14 |
3301.92, 3301.921, 3301.922, 3301.923, 3302.032, 3313.6016, | 15 |
3313.674, 3313.816, 3313.817, and 3319.076 of the Revised Code be | 16 |
enacted to read as follows: | 17 |
Sec. 3301.92. (A) The healthy choices for healthy children | 18 |
council is hereby established. The council shall consist of the | 19 |
following members: | 20 |
(1) Three representatives of the Ohio children's hospital | 21 |
association, one each appointed by the governor, the president of | 22 |
the senate, and the speaker of the house of representatives; | 23 |
(2) Three representatives of the Ohio business roundtable, | 24 |
one each appointed by the governor, the president of the senate, | 25 |
and the speaker of the house of representatives; | 26 |
(3) Three representatives of the Ohio chapter of the American | 27 |
academy of pediatrics, one each appointed by the governor, the | 28 |
president of the senate, and the speaker of the house of | 29 |
representatives. The governor's appointment shall have expertise | 30 |
in minority health issues and the president's appointment shall be | 31 |
a representative of the Appalachian region of Ohio. | 32 |
(4) One representative of the Ohio parks and recreation | 33 |
association, appointed by the president of the senate; | 34 |
(5) One representative of the Ohio state alliance of young | 35 |
men's Christian associations, appointed by the speaker of the | 36 |
house of representatives; | 37 |
(6) One representative of Ohio action for healthy kids, | 38 |
appointed by the speaker of the house of representatives; | 39 |
(7) One representative of the children's hunger alliance, | 40 |
appointed by the speaker of the house of representatives; | 41 |
(8) One representative of the American heart association, | 42 |
appointed by the speaker of the house of representatives; | 43 |
(9) One representative of the Ohio association for health, | 44 |
physical education, recreation and dance, appointed by the | 45 |
governor; | 46 |
(10) One representative of the Ohio soft drink association, | 47 |
appointed by the governor; | 48 |
(11) One representative of the Ohio dairy producers | 49 |
association, appointed by the president of the senate; | 50 |
(12) Three representatives of school districts, one each | 51 |
appointed by the governor, the president of the senate, and the | 52 |
speaker of the house of representatives. The governor's | 53 |
appointment shall be a representative of the Ohio school boards | 54 |
association, the president's appointment shall be a representative | 55 |
of the buckeye association of school administrators, and the | 56 |
speaker's appointment shall be a representative of the Ohio | 57 |
association of school business officials. | 58 |
(13) Three school district employees whose job | 59 |
responsibilities involve promoting student health and wellness, | 60 |
one each appointed by the governor, the president of the senate, | 61 |
and the speaker of the house of representatives. The governor's | 62 |
appointment shall be a school-based mental health professional, | 63 |
the president's appointment shall be a representative of the | 64 |
school nutrition association of Ohio who is a dietitian licensed | 65 |
under Chapter 4759. of the Revised Code, and the speaker's | 66 |
appointment shall be a school nurse. | 67 |
(14) Three elementary or secondary school teachers, one each | 68 |
appointed by the governor, the president of the senate, and the | 69 |
speaker of the house of representatives. The governor's | 70 |
appointment shall be a representative of the Ohio education | 71 |
association, the president's appointment shall be a representative | 72 |
of the Ohio federation of teachers, and the speaker's appointment | 73 |
shall be a chartered nonpublic school teacher. | 74 |
(15) One representative of the office of healthy Ohio in the | 75 |
department of health, appointed by the governor; | 76 |
(16) One representative of the department of education, | 77 |
appointed by the governor; | 78 |
(17) One parent, appointed by the president of the senate; | 79 |
(18) One representative of chartered nonpublic schools, | 80 |
appointed by the president of the senate; | 81 |
(19) One member of the senate, appointed by the president of | 82 |
the senate; | 83 |
(20) One member of the house of representatives, appointed by | 84 |
the speaker of the house of representatives. | 85 |
(B) Each organization specified in divisions (A)(1) to (14) | 86 |
of this section shall submit recommendations for its | 87 |
representatives on the council. | 88 |
(C) Members of the council shall serve at the pleasure of | 89 |
their appointing authority. Vacancies shall be filled in the same | 90 |
manner as the original appointment. Members shall not be | 91 |
compensated. | 92 |
(D) The member of the senate and the member of the house of | 93 |
representatives shall serve as joint chairpersons of the council. | 94 |
The chairpersons shall call the first meeting of the council, | 95 |
which shall be held not later than thirty days after the last | 96 |
member of the council has been appointed. The council shall meet | 97 |
annually and, upon the call of the chairpersons, at other times as | 98 |
may be necessary to conduct council business. | 99 |
Sec. 3301.921. The healthy choices for healthy children | 100 |
council shall do all of the following: | 101 |
(A) Monitor progress in improving student health and | 102 |
wellness; | 103 |
(B) Make periodic policy recommendations to the state board | 104 |
of education regarding ways to improve the nutritional standards | 105 |
for food and beverages prescribed by sections 3313.816 and | 106 |
3313.817 of the Revised Code. If, on or after the effective date | 107 |
of this section, the United States department of agriculture | 108 |
adopts regulations for the sale of food or beverages in schools, | 109 |
the council, within sixty days after their adoption, shall review | 110 |
the regulations and, based on that review, make recommendations | 111 |
for changes to the nutritional standards prescribed by those | 112 |
sections. | 113 |
(C) Make periodic recommendations to the department of | 114 |
education for the development of a clearinghouse of best practices | 115 |
in the areas of student nutrition, physical activity for students, | 116 |
and body mass index screenings; | 117 |
(D) Assist the department of health in developing a list of | 118 |
resources regarding health risks associated with weight status for | 119 |
distribution to parents and guardians under division (E) of | 120 |
section 3313.674 of the Revised Code; | 121 |
(E) Regularly review developments in science and nutrition to | 122 |
ensure the council remains informed for purposes of making | 123 |
recommendations under divisions (B) and (C) of this section. | 124 |
Sec. 3301.922. The department of education shall issue an | 125 |
annual report on the compliance of public and chartered nonpublic | 126 |
schools with the requirements of sections 3313.6016 and 3313.674 | 127 |
of the Revised Code. The department shall include in the report | 128 |
any data regarding student health and wellness collected by the | 129 |
department in conjunction with those requirements. The department | 130 |
shall submit each report to the governor, the general assembly, | 131 |
and the healthy choices for healthy children council. | 132 |
Sec. 3301.923. Upon receipt of the initial recommendations of | 133 |
the healthy choices for healthy children council required by | 134 |
division (C) of section 3301.921 of the Revised Code, the | 135 |
department of education shall establish a clearinghouse of best | 136 |
practices that schools may use to promote student health. The | 137 |
department shall update the clearinghouse as necessary to reflect | 138 |
subsequent recommendations of the council. | 139 |
Sec. 3302.032. (A) Not later than December 31, 2011, the | 140 |
state board of education shall establish a measure of the | 141 |
following: | 142 |
(1) Student success in meeting the benchmarks contained in | 143 |
the physical education standards adopted under division (A)(3) of | 144 |
section 3301.079 of the Revised Code; | 145 |
(2) Compliance with the requirements for local wellness | 146 |
policies prescribed by section 204 of the "Child Nutrition and WIC | 147 |
Reauthorization Act of 2004," 42 U.S.C. 1751 note; | 148 |
(3) Whether a school district or building is complying with | 149 |
sections 3313.6016 and 3313.674 of the Revised Code instead of | 150 |
operating under a waiver from the requirements of those sections. | 151 |
(B) The measure shall be included on the school district and | 152 |
building report cards issued under section 3302.03 of the Revised | 153 |
Code, beginning with the report cards issued for the 2012-2013 | 154 |
school year, but it shall not be a factor in the performance | 155 |
ratings issued under that section. | 156 |
(C) The department of education may accept, receive, and | 157 |
expend gifts, devises, or bequests of money for the purpose of | 158 |
establishing the measure required by this section. | 159 |
Sec. 3313.603. (A) As used in this section: | 160 |
(1) "One unit" means a minimum of one hundred twenty hours of | 161 |
course instruction, except that for a laboratory course, "one | 162 |
unit" means a minimum of one hundred fifty hours of course | 163 |
instruction. | 164 |
(2) "One-half unit" means a minimum of sixty hours of course | 165 |
instruction, except that for physical education courses, "one-half | 166 |
unit" means a minimum of one hundred twenty hours of course | 167 |
instruction. | 168 |
(B) Beginning September 15, 2001, except as required in | 169 |
division (C) of this section and division (C) of section 3313.614 | 170 |
of the Revised Code, the requirements for graduation from every | 171 |
high school shall include twenty units earned in grades nine | 172 |
through twelve and shall be distributed as follows: | 173 |
(1) English language arts, four units; | 174 |
(2) Health, one-half unit; | 175 |
(3) Mathematics, three units; | 176 |
(4) Physical education, one-half unit; | 177 |
(5) Science, two units until September 15, 2003, and three | 178 |
units thereafter, which at all times shall include both of the | 179 |
following: | 180 |
(a) Biological sciences, one unit; | 181 |
(b) Physical sciences, one unit. | 182 |
(6) Social studies, three units, which shall include both of | 183 |
the following: | 184 |
(a) American history, one-half unit; | 185 |
(b) American government, one-half unit. | 186 |
(7) Elective units, seven units until September 15, 2003, and | 187 |
six units thereafter. | 188 |
Each student's electives shall include at least one unit, or | 189 |
two half units, chosen from among the areas of | 190 |
business/technology, fine arts, and/or foreign language. | 191 |
(C) Beginning with students who enter ninth grade for the | 192 |
first time on or after July 1, 2010, except as provided in | 193 |
divisions (D) to (F) of this section, the requirements for | 194 |
graduation from every public and chartered nonpublic high school | 195 |
shall include twenty units that are designed to prepare students | 196 |
for the workforce and college. The units shall be distributed as | 197 |
follows: | 198 |
(1) English language arts, four units; | 199 |
(2) Health, one-half unit, which shall include instruction in | 200 |
nutrition and the benefits of nutritious foods and physical | 201 |
activity for overall health; | 202 |
(3) Mathematics, four units, which shall include one unit of | 203 |
algebra II or the equivalent of algebra II; | 204 |
(4) Physical education, one-half unit; | 205 |
(5) Science, three units with inquiry-based laboratory | 206 |
experience that engages students in asking valid scientific | 207 |
questions and gathering and analyzing information, which shall | 208 |
include the following, or their equivalent: | 209 |
(a) Physical sciences, one unit; | 210 |
(b) Life sciences, one unit; | 211 |
(c) Advanced study in one or more of the following sciences, | 212 |
one unit: | 213 |
(i) Chemistry, physics, or other physical science; | 214 |
(ii) Advanced biology or other life science; | 215 |
(iii) Astronomy, physical geology, or other earth or space | 216 |
science. | 217 |
(6) Social studies, three units, which shall include both of | 218 |
the following: | 219 |
(a) American history, one-half unit; | 220 |
(b) American government, one-half unit. | 221 |
Each school shall integrate the study of economics and | 222 |
financial literacy, as expressed in the social studies academic | 223 |
content standards adopted by the state board of education under | 224 |
division (A)(1) of section 3301.079 of the Revised Code and the | 225 |
academic content standards for financial literacy and | 226 |
entrepreneurship adopted under division (A)(2) of that section, | 227 |
into one or more existing social studies credits required under | 228 |
division (C)(6) of this section, or into the content of another | 229 |
class, so that every high school student receives instruction in | 230 |
those concepts. In developing the curriculum required by this | 231 |
paragraph, schools shall use available public-private partnerships | 232 |
and resources and materials that exist in business, industry, and | 233 |
through the centers for economics education at institutions of | 234 |
higher education in the state. | 235 |
(7) Five units consisting of one or any combination of | 236 |
foreign language, fine arts, business, career-technical education, | 237 |
family and consumer sciences, technology, agricultural education, | 238 |
a junior reserve officer training corps (JROTC) program approved | 239 |
by the congress of the United States under title 10 of the United | 240 |
States Code, or English language arts, mathematics, science, or | 241 |
social studies courses not otherwise required under division (C) | 242 |
of this section. | 243 |
Ohioans must be prepared to apply increased knowledge and | 244 |
skills in the workplace and to adapt their knowledge and skills | 245 |
quickly to meet the rapidly changing conditions of the | 246 |
twenty-first century. National studies indicate that all high | 247 |
school graduates need the same academic foundation, regardless of | 248 |
the opportunities they pursue after graduation. The goal of Ohio's | 249 |
system of elementary and secondary education is to prepare all | 250 |
students for and seamlessly connect all students to success in | 251 |
life beyond high school graduation, regardless of whether the next | 252 |
step is entering the workforce, beginning an apprenticeship, | 253 |
engaging in post-secondary training, serving in the military, or | 254 |
pursuing a college degree. | 255 |
The Ohio core curriculum is the standard expectation for all | 256 |
students entering ninth grade for the first time at a public or | 257 |
chartered nonpublic high school on or after July 1, 2010. A | 258 |
student may satisfy this expectation through a variety of methods, | 259 |
including, but not limited to, integrated, applied, | 260 |
career-technical, and traditional coursework. | 261 |
Whereas teacher quality is essential for student success in | 262 |
completing the Ohio core curriculum, the general assembly shall | 263 |
appropriate funds for strategic initiatives designed to strengthen | 264 |
schools' capacities to hire and retain highly qualified teachers | 265 |
in the subject areas required by the curriculum. Such initiatives | 266 |
are expected to require an investment of $120,000,000 over five | 267 |
years. | 268 |
Stronger coordination between high schools and institutions | 269 |
of higher education is necessary to prepare students for more | 270 |
challenging academic endeavors and to lessen the need for academic | 271 |
remediation in college, thereby reducing the costs of higher | 272 |
education for Ohio's students, families, and the state. The state | 273 |
board | 274 |
shall develop policies to ensure that only in rare instances will | 275 |
students who complete the Ohio core curriculum require academic | 276 |
remediation after high school. | 277 |
School districts, community schools, and chartered nonpublic | 278 |
schools shall integrate technology into learning experiences | 279 |
whenever practicable across the curriculum in order to maximize | 280 |
efficiency, enhance learning, and prepare students for success in | 281 |
the technology-driven twenty-first century. Districts and schools | 282 |
may use distance and web-based course delivery as a method of | 283 |
providing or augmenting all instruction required under this | 284 |
division, including laboratory experience in science. Districts | 285 |
and schools shall whenever practicable utilize technology access | 286 |
and electronic learning opportunities provided by the eTech Ohio | 287 |
commission, the Ohio learning network, education technology | 288 |
centers, public television stations, and other public and private | 289 |
providers. | 290 |
(D) Except as provided in division (E) of this section, a | 291 |
student who enters ninth grade on or after July 1, 2010, and | 292 |
before July 1, 2014, may qualify for graduation from a public or | 293 |
chartered nonpublic high school even though the student has not | 294 |
completed the Ohio core curriculum prescribed in division (C) of | 295 |
this section if all of the following conditions are satisfied: | 296 |
(1) After the student has attended high school for two years, | 297 |
as determined by the school, the student and the student's parent, | 298 |
guardian, or custodian sign and file with the school a written | 299 |
statement asserting the parent's, guardian's, or custodian's | 300 |
consent to the student's graduating without completing the Ohio | 301 |
core curriculum and acknowledging that one consequence of not | 302 |
completing the Ohio core curriculum is ineligibility to enroll in | 303 |
most state universities in Ohio without further coursework. | 304 |
(2) The student and parent, guardian, or custodian fulfill | 305 |
any procedural requirements the school stipulates to ensure the | 306 |
student's and parent's, guardian's, or custodian's informed | 307 |
consent and to facilitate orderly filing of statements under | 308 |
division (D)(1) of this section. | 309 |
(3) The student and the student's parent, guardian, or | 310 |
custodian and a representative of the student's high school | 311 |
jointly develop an individual career plan for the student that | 312 |
specifies the student matriculating to a two-year degree program, | 313 |
acquiring a business and industry credential, or entering an | 314 |
apprenticeship. | 315 |
(4) The student's high school provides counseling and support | 316 |
for the student related to the plan developed under division | 317 |
(D)(3) of this section during the remainder of the student's high | 318 |
school experience. | 319 |
(5) The student successfully completes, at a minimum, the | 320 |
curriculum prescribed in division (B) of this section. | 321 |
The department of education, in collaboration with the | 322 |
chancellor | 323 |
performance data to determine if there are mitigating factors that | 324 |
warrant extending the exception permitted by division (D) of this | 325 |
section to high school classes beyond those entering ninth grade | 326 |
before July 1, 2014. The department shall submit its findings and | 327 |
any recommendations not later than August 1, 2014, to the speaker | 328 |
and minority leader of the house of representatives, the president | 329 |
and minority leader of the senate, the chairpersons and ranking | 330 |
minority members of the standing committees of the house of | 331 |
representatives and the senate that consider education | 332 |
legislation, the state board of education, and the superintendent | 333 |
of public instruction. | 334 |
(E) Each school district and chartered nonpublic school | 335 |
retains the authority to require an even more rigorous minimum | 336 |
curriculum for high school graduation than specified in division | 337 |
(B) or (C) of this section. A school district board of education, | 338 |
through the adoption of a resolution, or the governing authority | 339 |
of a chartered nonpublic school may stipulate any of the | 340 |
following: | 341 |
(1) A minimum high school curriculum that requires more than | 342 |
twenty units of academic credit to graduate; | 343 |
(2) An exception to the district's or school's minimum high | 344 |
school curriculum that is comparable to the exception provided in | 345 |
division (D) of this section but with additional requirements, | 346 |
which may include a requirement that the student successfully | 347 |
complete more than the minimum curriculum prescribed in division | 348 |
(B) of this section; | 349 |
(3) That no exception comparable to that provided in division | 350 |
(D) of this section is available. | 351 |
(F) A student enrolled in a dropout prevention and recovery | 352 |
program, which program has received a waiver from the department | 353 |
354 | |
successfully completing a competency-based instructional program | 355 |
administered by the dropout prevention and recovery program in | 356 |
lieu of completing the Ohio core curriculum prescribed in division | 357 |
(C) of this section. The department shall grant a waiver to a | 358 |
dropout prevention and recovery program, within sixty days after | 359 |
the program applies for the waiver, if the program meets all of | 360 |
the following conditions: | 361 |
(1) The program serves only students not younger than sixteen | 362 |
years of age and not older than twenty-one years of age. | 363 |
(2) The program enrolls students who, at the time of their | 364 |
initial enrollment, either, or both, are at least one grade level | 365 |
behind their cohort age groups or experience crises that | 366 |
significantly interfere with their academic progress such that | 367 |
they are prevented from continuing their traditional programs. | 368 |
(3) The program requires students to attain at least the | 369 |
applicable score designated for each of the assessments prescribed | 370 |
under division (B)(1) of section 3301.0710 of the Revised Code or, | 371 |
to the extent prescribed by rule of the state board | 372 |
under division (E)(6) of section 3301.0712 of the Revised Code, | 373 |
division (B)(2) of that section. | 374 |
(4) The program develops an individual career plan for the | 375 |
student that specifies the student's matriculating to a two-year | 376 |
degree program, acquiring a business and industry credential, or | 377 |
entering an apprenticeship. | 378 |
(5) The program provides counseling and support for the | 379 |
student related to the plan developed under division (F)(4) of | 380 |
this section during the remainder of the student's high school | 381 |
experience. | 382 |
(6) The program requires the student and the student's | 383 |
parent, guardian, or custodian to sign and file, in accordance | 384 |
with procedural requirements stipulated by the program, a written | 385 |
statement asserting the parent's, guardian's, or custodian's | 386 |
consent to the student's graduating without completing the Ohio | 387 |
core curriculum and acknowledging that one consequence of not | 388 |
completing the Ohio core curriculum is ineligibility to enroll in | 389 |
most state universities in Ohio without further coursework. | 390 |
(7) Prior to receiving the waiver, the program has submitted | 391 |
to the department an instructional plan that demonstrates how the | 392 |
academic content standards adopted by the state board | 393 |
under section 3301.079 of the Revised Code will be taught and | 394 |
assessed. | 395 |
If the department does not act either to grant the waiver or | 396 |
to reject the program application for the waiver within sixty days | 397 |
as required under this section, the waiver shall be considered to | 398 |
be granted. | 399 |
(G) Every high school may permit students below the ninth | 400 |
grade to take advanced work. If a high school so permits, it shall | 401 |
award high school credit for successful completion of the advanced | 402 |
work and shall count such advanced work toward the graduation | 403 |
requirements of division (B) or (C) of this section if the | 404 |
advanced work was both: | 405 |
(1) Taught by a person who possesses a license or certificate | 406 |
issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 407 |
Code that is valid for teaching high school; | 408 |
(2) Designated by the board of education of the city, local, | 409 |
or exempted village school district, the board of the cooperative | 410 |
education school district, or the governing authority of the | 411 |
chartered nonpublic school as meeting the high school curriculum | 412 |
requirements. | 413 |
Each high school shall record on the student's high school | 414 |
transcript all high school credit awarded under division (G) of | 415 |
this section. In addition, if the student completed a seventh- or | 416 |
eighth-grade fine arts course described in division (K) of this | 417 |
section and the course qualified for high school credit under that | 418 |
division, the high school shall record that course on the | 419 |
student's high school transcript. | 420 |
(H) The department shall make its individual academic career | 421 |
plan available through its Ohio career information system web site | 422 |
for districts and schools to use as a tool for communicating with | 423 |
and providing guidance to students and families in selecting high | 424 |
school courses. | 425 |
(I) Units earned in English language arts, mathematics, | 426 |
science, and social studies that are delivered through integrated | 427 |
academic and career-technical instruction are eligible to meet the | 428 |
graduation requirements of division (B) or (C) of this section. | 429 |
(J) The state board | 430 |
chancellor | 431 |
plan implementing methods for students to earn units of high | 432 |
school credit based on a demonstration of subject area competency, | 433 |
instead of or in combination with completing hours of classroom | 434 |
instruction. The state board shall adopt the plan not later than | 435 |
March 31, 2009, and commence phasing in the plan during the | 436 |
2009-2010 school year. The plan shall include a standard method | 437 |
for recording demonstrated proficiency on high school transcripts. | 438 |
Each school district, community school, and chartered nonpublic | 439 |
school shall comply with the state board's plan adopted under this | 440 |
division and award units of high school credit in accordance with | 441 |
the plan. The state board may adopt existing methods for earning | 442 |
high school credit based on a demonstration of subject area | 443 |
competency as necessary prior to the 2009-2010 school year. | 444 |
(K) This division does not apply to students who qualify for | 445 |
graduation from high school under division (D) or (F) of this | 446 |
section, or to students pursuing a career-technical instructional | 447 |
track as determined by the school district board of education or | 448 |
the chartered nonpublic school's governing authority. | 449 |
Nevertheless, the general assembly encourages such students to | 450 |
consider enrolling in a fine arts course as an elective. | 451 |
Beginning with students who enter ninth grade for the first | 452 |
time on or after July 1, 2010, each student enrolled in a public | 453 |
or chartered nonpublic high school shall complete two semesters or | 454 |
the equivalent of fine arts to graduate from high school. The | 455 |
coursework may be completed in any of grades seven to twelve. Each | 456 |
student who completes a fine arts course in grade seven or eight | 457 |
may elect to count that course toward the five units of electives | 458 |
required for graduation under division (C)(7) of this section, if | 459 |
the course satisfied the requirements of division (G) of this | 460 |
section. In that case, the high school shall award the student | 461 |
high school credit for the course and count the course toward the | 462 |
five units required under division (C)(7) of this section. If the | 463 |
course in grade seven or eight did not satisfy the requirements of | 464 |
division (G) of this section, the high school shall not award the | 465 |
student high school credit for the course but shall count the | 466 |
course toward the two semesters or the equivalent of fine arts | 467 |
required by this division. | 468 |
(L) Notwithstanding anything to the contrary in this section, | 469 |
the board of education of each school district and the governing | 470 |
authority of each chartered nonpublic school may adopt a policy to | 471 |
excuse from the high school physical education requirement each | 472 |
student who, during high school, has participated in | 473 |
interscholastic athletics, marching band, or cheerleading for at | 474 |
least two full seasons or in the junior reserve officer training | 475 |
corps for at least two full school years. If the board or | 476 |
authority adopts such a policy, the board or authority shall not | 477 |
require the student to complete any physical education course as a | 478 |
condition to graduate. However, the student shall be required to | 479 |
complete one-half unit, consisting of at least sixty hours of | 480 |
instruction, in another course of study. In the case of a student | 481 |
who has participated in the junior reserve officer training corps | 482 |
for at least two full school years, credit received for that | 483 |
participation may be used to satisfy the requirement to complete | 484 |
one-half unit in another course of study. | 485 |
Sec. 3313.6016. (A) Except as provided in divisions (B) and | 486 |
(E) of this section, beginning in the 2011-2012 school year, the | 487 |
board of education of each city, exempted village, or local school | 488 |
district and the governing authority of each chartered nonpublic | 489 |
school shall require all students in each of grades kindergarten | 490 |
through twelve to engage in at least thirty minutes of moderate to | 491 |
rigorous physical activity each school day, exclusive of recess. | 492 |
Physical activity engaged in during the following may count toward | 493 |
the daily requirement: | 494 |
(1) A physical education course; | 495 |
(2) A program or activity occurring before or after the | 496 |
regular school day, as defined in section 3313.814 of the Revised | 497 |
Code, that is sponsored or approved by the school of attendance, | 498 |
provided school officials are able to monitor students' | 499 |
participation to ensure compliance with the requirement. | 500 |
(B) None of the following shall be subject to the requirement | 501 |
of division (A) of this section: | 502 |
(1) Any student enrolled in the post-secondary enrollment | 503 |
options program established under Chapter 3365. of the Revised | 504 |
Code; | 505 |
(2) Any student enrolled in a career-technical education | 506 |
program operated by the board or governing authority; | 507 |
(3) Any student enrolled in a dropout prevention and recovery | 508 |
program operated by the board or governing authority. | 509 |
(C) For any period in which a student is participating in | 510 |
interscholastic athletics, marching band, or cheerleading, the | 511 |
board or governing authority may excuse the student from the | 512 |
requirement of division (A) of this section. | 513 |
(D) The board or governing authority may excuse any | 514 |
kindergarten student who is not enrolled in all-day kindergarten, | 515 |
as defined in section 3321.05 of the Revised Code, from the | 516 |
requirement of division (A) of this section. | 517 |
(E) A board or governing authority, for financial reasons, | 518 |
may apply to the superintendent of public instruction for a waiver | 519 |
of the requirement of division (A) of this section. If the board | 520 |
or governing authority demonstrates to the superintendent's | 521 |
satisfaction that compliance with the requirement will create an | 522 |
undue financial hardship on the school district or chartered | 523 |
nonpublic school, the superintendent shall grant the waiver. An | 524 |
affidavit submitted to the superintendent by the board or | 525 |
governing authority, attested to by the president or presiding | 526 |
officer of the board or governing authority, shall be conclusive | 527 |
evidence of the need for the waiver. | 528 |
(F) Not later than July 1, 2011, the board or governing | 529 |
authority shall adopt a policy to comply with this section, except | 530 |
that in the case of a board or governing authority granted a | 531 |
waiver under division (E) of this section, the board or governing | 532 |
authority shall adopt the policy not later than the first day of | 533 |
July following the waiver's expiration. | 534 |
Sec. 3313.674. (A) Except as provided in divisions (D) and | 535 |
(H) of this section, the board of education of each city, exempted | 536 |
village, or local school district and the governing authority of | 537 |
each chartered nonpublic school shall require each student | 538 |
enrolled in kindergarten, third grade, fifth grade, and ninth | 539 |
grade to undergo a screening for body mass index and weight status | 540 |
category prior to the first day of May of the school year. | 541 |
(B) The board or governing authority may provide any | 542 |
screenings required by this section itself, contract with another | 543 |
entity for provision of the screenings, or request the parent or | 544 |
guardian of each student subject to this section to obtain the | 545 |
screening from a provider selected by the parent or guardian and | 546 |
to submit the results to the board or governing authority. If the | 547 |
board or governing authority provides the screenings itself or | 548 |
contracts with another entity for provision of the screenings, the | 549 |
board or governing authority shall protect student privacy by | 550 |
ensuring that each student is screened alone and not in the | 551 |
presence of other students or staff. | 552 |
(C) Prior to the first day of February of each school year, | 553 |
the board or governing authority shall provide the parent or | 554 |
guardian of each student subject to this section with information | 555 |
about the screening program. If the board or governing authority | 556 |
requests parents and guardians to obtain a screening from a | 557 |
provider of their choosing, the board or governing authority shall | 558 |
provide them with a list of providers and information about | 559 |
screening services available in the community to parents and | 560 |
guardians who cannot afford a private provider. | 561 |
(D) If the parent or guardian of a student subject to this | 562 |
section signs and submits to the board or governing authority a | 563 |
written statement indicating that the parent or guardian does not | 564 |
wish to have the student undergo the screening, the board or | 565 |
governing authority shall not require the student to be screened. | 566 |
(E) The board or governing authority shall notify the parent | 567 |
or guardian of each student screened under this section of any | 568 |
health risks associated with the student's results and shall | 569 |
provide the parent or guardian with information about | 570 |
appropriately addressing the risks. For this purpose, the | 571 |
department of health, in consultation with the department of | 572 |
education and the healthy choices for healthy children council | 573 |
established under section 3301.92 of the Revised Code, shall | 574 |
develop a list of documents, pamphlets, or other resources that | 575 |
may be distributed to parents and guardians under this division. | 576 |
(F) The board or governing authority shall maintain the | 577 |
confidentiality of each student's individual screening results at | 578 |
all times. No board or governing authority shall report a | 579 |
student's individual screening results to any person other than | 580 |
the student's parent or guardian. | 581 |
(G) In a manner prescribed by rule of the director of health, | 582 |
the board or governing authority shall report aggregated body mass | 583 |
index and weight status category data collected under this | 584 |
section, and any other demographic data required by the director, | 585 |
to the department of health. In the case of a school district, | 586 |
data shall be aggregated for the district as a whole and not for | 587 |
individual schools within the district, unless the district | 588 |
operates only one school. In the case of a chartered nonpublic | 589 |
school, data shall be aggregated for the school as a whole. The | 590 |
department annually shall publish the data reported under this | 591 |
division, aggregated by county. If any district or chartered | 592 |
nonpublic school was granted a waiver under division (H) of this | 593 |
section for the school year covered by the published data, the | 594 |
department shall note that the data for the county in which the | 595 |
district or school is located is incomplete. The department may | 596 |
share data reported under this division with other governmental | 597 |
entities for the purpose of monitoring population health, making | 598 |
reports, or public health promotional activities. | 599 |
(H) A board or governing authority, for financial reasons, | 600 |
may apply to the superintendent of public instruction for a waiver | 601 |
of the requirement to have students undergo screenings for body | 602 |
mass index and weight status category. If the board or governing | 603 |
authority demonstrates to the superintendent's satisfaction that | 604 |
compliance with the requirement will create an undue financial | 605 |
hardship on the school district or chartered nonpublic school, the | 606 |
superintendent shall grant the waiver. An affidavit submitted to | 607 |
the superintendent by the board or governing authority, attested | 608 |
to by the president or presiding officer of the board or governing | 609 |
authority, shall be conclusive evidence of the need for the | 610 |
waiver. | 611 |
Sec. 3313.813. (A) As used in this section: | 612 |
(1) "Outdoor education center" means a public or nonprofit | 613 |
private entity that provides to pupils enrolled in any public or | 614 |
chartered nonpublic elementary or secondary school an outdoor | 615 |
educational curriculum that the school considers to be part of its | 616 |
educational program. | 617 |
(2) "Outside-school-hours care center" has the meaning | 618 |
established in 7 C.F.R. 226.2. | 619 |
(B) The state board of education shall establish standards | 620 |
for a school lunch program, school breakfast program, child and | 621 |
adult care food program, special food service program for | 622 |
children, summer food service program for children, special milk | 623 |
program for children, food service equipment assistance program, | 624 |
and commodity distribution program established under the "National | 625 |
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 626 |
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 627 |
U.S.C. 1771, as amended. Any board of education of a school | 628 |
district, nonprofit private school, outdoor education center, | 629 |
child care institution, outside-school-hours care center, or | 630 |
summer camp desiring to participate in such a program or required | 631 |
to participate under this section shall, if eligible to | 632 |
participate under the "National School Lunch Act," as amended, or | 633 |
the "Child Nutrition Act of 1966," as amended, make application to | 634 |
the state board of education for assistance. The board shall | 635 |
administer the allocation and distribution of all state and | 636 |
federal funds for these programs. | 637 |
(C) The state board of education shall require the board of | 638 |
education of each school district to establish and maintain a | 639 |
school breakfast, lunch, and summer food service program pursuant | 640 |
to the "National School Lunch Act" and the "Child Nutrition Act of | 641 |
1966," as described in divisions (C)(1) to (4) of this section. | 642 |
(1) The state board shall require the board of education in | 643 |
each school district to establish a breakfast program in every | 644 |
school where at least one-fifth of the pupils in the school are | 645 |
eligible under federal requirements for free breakfasts and to | 646 |
establish a lunch program in every school where at least one-fifth | 647 |
of the pupils are eligible for free lunches. The board of | 648 |
education required to establish a breakfast program under this | 649 |
division may make a charge in accordance with federal requirements | 650 |
for each reduced price breakfast or paid breakfast to cover the | 651 |
cost incurred in providing that meal. | 652 |
(2) The state board shall require the board of education in | 653 |
each school district to establish a breakfast program in every | 654 |
school in which the parents of at least one-half of the children | 655 |
enrolled in the school have requested that the breakfast program | 656 |
be established. The board of education required to establish a | 657 |
program under this division may make a charge in accordance with | 658 |
federal requirements for each meal to cover all or part of the | 659 |
costs incurred in establishing such a program. | 660 |
(3) The state board | 661 |
education in each school district to establish one of the | 662 |
following for summer intervention services described in division | 663 |
(D) of section 3301.0711 and section 3313.608 of the Revised Code | 664 |
and any other summer intervention program required by law: | 665 |
(a) An extension of the school breakfast program pursuant to | 666 |
the "National School Lunch Act" and the "Child Nutrition Act of | 667 |
1966"; | 668 |
(b) An extension of the school lunch program pursuant to | 669 |
those acts; | 670 |
(c) A summer food service program pursuant to those acts. | 671 |
(4)(a) If the board of education of a school district | 672 |
determines that, for financial reasons, it cannot comply with | 673 |
division (C)(1) or (3) of this section, the district board may | 674 |
choose not to comply with either or both divisions, except as | 675 |
provided in division (C)(4)(b) of this section. The district board | 676 |
publicly shall communicate to the residents of the district, in | 677 |
the manner it determines appropriate, its decision not to comply. | 678 |
(b) If a district board chooses not to comply with division | 679 |
(C)(1) of this section, the state board | 680 |
shall require the district board to establish a breakfast program | 681 |
in every school where at least one-third of the pupils in the | 682 |
school are eligible under federal requirements for free breakfasts | 683 |
and to establish a lunch program in every school where at least | 684 |
one-third of the pupils are eligible for free lunches. The | 685 |
district board may make a charge in accordance with federal | 686 |
requirements for each reduced price breakfast or paid breakfast to | 687 |
cover the cost incurred in providing that meal. | 688 |
(c) If a school district cannot for good cause comply with | 689 |
the requirements of division (C)(2) or (4)(b) of this section at | 690 |
the time the state board determines that a district is subject to | 691 |
these requirements, the state board | 692 |
reasonable extension of time. Good cause for an extension of time | 693 |
shall include, but need not be limited to, economic impossibility | 694 |
of compliance with the requirements at the time the state board | 695 |
determines that a district is subject to them. | 696 |
(D)(1) The state board | 697 |
application of any outdoor education center in the state making | 698 |
application for participation in a program pursuant to division | 699 |
(B) of this section. | 700 |
(2) For purposes of participation in any program pursuant to | 701 |
this section, the board shall certify any outdoor education center | 702 |
making application as an educational unit that is part of the | 703 |
educational system of the state, if the center: | 704 |
(a) Meets the definition of an outdoor education center; | 705 |
(b) Provides its outdoor education curriculum to pupils on an | 706 |
overnight basis so that pupils are in residence at the center for | 707 |
more than twenty-four consecutive hours; | 708 |
(c) Operates under public or nonprofit private ownership in a | 709 |
single building or complex of buildings. | 710 |
(3) The board shall approve any outdoor education center | 711 |
certified under this division for participation in the program for | 712 |
which the center is making application on the same basis as any | 713 |
other applicant for that program. | 714 |
(E) Any school district board of education or chartered | 715 |
nonpublic school that participates in a breakfast program pursuant | 716 |
to this section may offer breakfast to pupils in their classrooms | 717 |
during the school day. | 718 |
(F) Notwithstanding anything in this section to the contrary, | 719 |
in each fiscal year in which the general assembly appropriates | 720 |
funds for purposes of this division, the board of education of | 721 |
each school district and each chartered nonpublic school that | 722 |
participates in a breakfast program pursuant to this section shall | 723 |
provide a breakfast free of charge to each pupil who is eligible | 724 |
under federal requirements for a reduced price breakfast. | 725 |
Sec. 3313.814. (A) As used in this section and sections | 726 |
3313.816 and 3313.817 of the Revised Code: | 727 |
(1) "A la carte item" means an individually priced food or | 728 |
beverage item that is available for sale to students through any | 729 |
of the following: | 730 |
(a) A school food service program; | 731 |
(b) A vending machine located on school property; | 732 |
(c) A store operated by the school, a student association, or | 733 |
other school-sponsored organization. | 734 |
"A la carte item" does not include any food or beverage item | 735 |
available for sale in connection with a school-sponsored | 736 |
fundraiser held outside of the regular school day, any other | 737 |
school-sponsored event held outside of the regular school day, or | 738 |
an interscholastic athletic event. "A la carte item" also does not | 739 |
include any food or beverage item that is part of a reimbursable | 740 |
meal and that is available for sale as an individually priced item | 741 |
in a serving portion of the same size as in the reimbursable meal, | 742 |
regardless of whether the food or beverage item is included in the | 743 |
reimbursable meal served on a particular school day. | 744 |
(2) "Added sweeteners" means any additives that enhance the | 745 |
sweetness of a beverage, including processed sugar. "Added | 746 |
sweeteners" do not include any natural sugars found in fruit | 747 |
juices that are a component of the beverage. | 748 |
(3) "Extended school day" means the period before and after | 749 |
the regular school day during which students participate in | 750 |
school-sponsored extracurricular activities, latchkey programs as | 751 |
defined in section 3313.207 of the Revised Code, or other academic | 752 |
or enrichment programs. | 753 |
(4) "Regular school day" means the period each school day | 754 |
between the designated arrival time for students and the end of | 755 |
the final instructional period. | 756 |
(5) "Reimbursable meal" means a meal that is provided to | 757 |
students through a school breakfast or lunch program established | 758 |
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 | 759 |
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 | 760 |
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria | 761 |
for reimbursement established by the United States department of | 762 |
agriculture. | 763 |
(6) "School food service program" means a school food service | 764 |
program operated under section 3313.81 or 3313.813 of the Revised | 765 |
Code. | 766 |
(B) Each school district board of education and each | 767 |
chartered nonpublic school governing authority shall adopt and | 768 |
enforce nutrition standards governing the types of food and | 769 |
beverages that may be sold on the premises of its schools, and | 770 |
specifying the time and place each type of food or beverage may be | 771 |
sold. | 772 |
(1) In adopting the standards, the board or governing | 773 |
authority shall | 774 |
(a) Consider the nutritional value of each food or beverage; | 775 |
(b) Consult with a dietitian licensed under Chapter 4759. of | 776 |
the Revised Code, a dietetic technician registered by the | 777 |
commission on dietetic registration, or a school nutrition | 778 |
specialist certified or credentialed by the school nutrition | 779 |
association. The person with whom the board or governing authority | 780 |
consults may be an employee of the board or governing authority, a | 781 |
person contracted by the board or governing authority, or a | 782 |
volunteer, provided the person meets the requirements of this | 783 |
division. | 784 |
(c) Consult the dietary guidelines for Americans jointly | 785 |
developed by the United States department of agriculture and the | 786 |
United States department of health and human services and, to the | 787 |
maximum extent possible, incorporate the guidelines into the | 788 |
standards. | 789 |
(2) No food or beverage may be sold on any school premises | 790 |
except in accordance with the standards adopted by the board | 791 |
792 |
(3) The standards shall comply with sections 3313.816 and | 793 |
3313.817 of the Revised Code, but nothing in this section shall | 794 |
prohibit the standards from being more restrictive than otherwise | 795 |
required by those sections. | 796 |
(C) The nutrition standards adopted under this section shall | 797 |
prohibit the placement of vending machines in any classroom where | 798 |
students are provided instruction, unless the classroom also is | 799 |
used to serve students meals. This division does not apply to | 800 |
vending machines that sell only milk, reimbursable meals, or food | 801 |
and beverage items that are part of a reimbursable meal and are | 802 |
available for sale as individually priced items in serving | 803 |
portions of the same size as in the reimbursable meal. | 804 |
(D) Each board or governing authority shall designate staff | 805 |
to be responsible for ensuring that the school district or school | 806 |
meets the nutrition standards adopted under this section. The | 807 |
staff shall prepare an annual report regarding the district's or | 808 |
school's compliance with the standards and submit it to the | 809 |
department of education. The board or governing authority annually | 810 |
shall schedule a presentation on the report at one of its regular | 811 |
meetings. Each district or school shall make copies of the report | 812 |
available to the public upon request. | 813 |
(E) The state board of education shall formulate and adopt | 814 |
guidelines, which boards of education and chartered nonpublic | 815 |
schools may follow in enforcing and implementing this section. | 816 |
Sec. 3313.816. (A) No public or chartered nonpublic school | 817 |
shall permit the sale of a la carte beverage items other than the | 818 |
following during the regular and extended school day: | 819 |
(1) For a school in which the majority of grades offered are | 820 |
in the range from kindergarten to grade four: | 821 |
(a) Water; | 822 |
(b)(i) Prior to January 1, 2014, eight ounces or less of | 823 |
low-fat or fat-free milk, including flavored milk, that contains | 824 |
not more than one hundred seventy calories per eight ounces; | 825 |
(ii) Beginning January 1, 2014, eight ounces or less of | 826 |
low-fat or fat-free milk, including flavored milk, that contains | 827 |
not more than one hundred fifty calories per eight ounces. | 828 |
(c) Eight ounces or less of one hundred per cent fruit juice, | 829 |
or a one hundred per cent fruit juice and water blend with no | 830 |
added sweeteners, that contains not more than one hundred sixty | 831 |
calories per eight ounces. | 832 |
(2) For a school in which the majority of grades offered are | 833 |
in the range from grade five to grade eight: | 834 |
(a) Water; | 835 |
(b)(i) Prior to January 1, 2014, eight ounces or less of | 836 |
low-fat or fat-free milk, including flavored milk, that contains | 837 |
not more than one hundred seventy calories per eight ounces; | 838 |
(ii) Beginning January 1, 2014, eight ounces or less of | 839 |
low-fat or fat-free milk, including flavored milk, that contains | 840 |
not more than one hundred fifty calories per eight ounces. | 841 |
(c) Ten ounces or less of one hundred per cent fruit juice, | 842 |
or a one hundred per cent fruit juice and water blend with no | 843 |
added sweeteners, that contains not more than one hundred sixty | 844 |
calories per eight ounces. | 845 |
(3) For a school in which the majority of grades offered are | 846 |
in the range from grade nine to grade twelve: | 847 |
(a) Water; | 848 |
(b)(i) Prior to January 1, 2014, sixteen ounces or less of | 849 |
low-fat or fat-free milk, including flavored milk, that contains | 850 |
not more than one hundred seventy calories per eight ounces; | 851 |
(ii) Beginning January 1, 2014, sixteen ounces or less of | 852 |
low-fat or fat-free milk, including flavored milk, that contains | 853 |
not more than one hundred fifty calories per eight ounces. | 854 |
(c) Twelve ounces or less of one hundred per cent fruit | 855 |
juice, or a one hundred per cent fruit juice and water blend with | 856 |
no added sweeteners, that contains not more than one hundred sixty | 857 |
calories per eight ounces; | 858 |
(d) Twelve ounces or less of any beverage that contains not | 859 |
more than sixty-six calories per eight ounces; | 860 |
(e) Any size of a beverage that contains not more than ten | 861 |
calories per eight ounces, which may include caffeinated beverages | 862 |
and beverages with added sweeteners, carbonation, or artificial | 863 |
flavoring. | 864 |
(B) Each public and chartered nonpublic school shall require | 865 |
at least fifty per cent of the a la carte beverage items available | 866 |
for sale from each of the following sources during the regular and | 867 |
extended school day to be water or other beverages that contain | 868 |
not more than ten calories per eight ounces: | 869 |
(1) A school food service program; | 870 |
(2) A vending machine located on school property that does | 871 |
not sell only milk or reimbursable meals; | 872 |
(3) A store operated by the school, a student association, or | 873 |
other school-sponsored organization. | 874 |
Sec. 3313.817. (A) When the department of education is able | 875 |
to obtain free of charge computer software for assessing the | 876 |
nutritional value of foods that does all of the following, the | 877 |
department shall make that software available free of charge to | 878 |
each public and chartered nonpublic school: | 879 |
(1) Rates the healthiness of foods based on nutrient density; | 880 |
(2) Assesses the amount of calories, total fat, saturated | 881 |
fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A, | 882 |
and vitamin C in each food item; | 883 |
(3) Evaluates the nutritional value of foods based on the | 884 |
dietary guidelines for Americans jointly developed by the United | 885 |
States department of agriculture and United States department of | 886 |
health and human services as they pertain to children and | 887 |
adolescents. | 888 |
(B) Each public and chartered nonpublic school shall use the | 889 |
software provided by the department under this section to | 890 |
determine the nutritional value of each a la carte food item | 891 |
available for sale at the school. | 892 |
(C) When the department provides software under this section, | 893 |
each public and chartered nonpublic school shall comply with all | 894 |
of the following requirements: | 895 |
(1) No a la carte food item shall be in the lowest rated | 896 |
category of foods designated by the software. | 897 |
(2) In the first school year in which the school is subject | 898 |
to this section, at least twenty per cent of the a la carte food | 899 |
items available for sale from each of the following sources during | 900 |
the regular and extended school day shall be in the highest rated | 901 |
category of foods designated by the software and in each school | 902 |
year thereafter, at least forty per cent of the a la carte food | 903 |
items available for sale from each of the following sources during | 904 |
the regular and extended school day shall be in that category: | 905 |
(a) A school food service program; | 906 |
(b) A vending machine located on school property; | 907 |
(c) A store operated by the school, a student association, or | 908 |
other school-sponsored organization. | 909 |
(3) Each a la carte food item that is not in the highest | 910 |
rated category of foods designated by the software shall meet at | 911 |
least two of the following criteria: | 912 |
(a) It contains at least five grams of protein. | 913 |
(b) It contains at least ten per cent of the recommended | 914 |
daily value of fiber. | 915 |
(c) It contains at least ten per cent of the recommended | 916 |
daily value of calcium. | 917 |
(d) It contains at least ten per cent of the recommended | 918 |
daily value of iron. | 919 |
(e) It contains at least ten per cent of the recommended | 920 |
daily value of vitamin A. | 921 |
(f) It contains at least ten per cent of the recommended | 922 |
daily value of vitamin C. | 923 |
(D) As an alternative to complying with division (C) of this | 924 |
section, a public or chartered nonpublic school may comply with | 925 |
the most recent guidelines for competitive foods issued by the | 926 |
alliance for a healthier generation with respect to the sale of a | 927 |
la carte food items. | 928 |
Sec. 3314.03. A copy of every contract entered into under | 929 |
this section shall be filed with the superintendent of public | 930 |
instruction. | 931 |
(A) Each contract entered into between a sponsor and the | 932 |
governing authority of a community school shall specify the | 933 |
following: | 934 |
(1) That the school shall be established as either of the | 935 |
following: | 936 |
(a) A nonprofit corporation established under Chapter 1702. | 937 |
of the Revised Code, if established prior to April 8, 2003; | 938 |
(b) A public benefit corporation established under Chapter | 939 |
1702. of the Revised Code, if established after April 8, 2003 | 940 |
(2) The education program of the school, including the | 941 |
school's mission, the characteristics of the students the school | 942 |
is expected to attract, the ages and grades of students, and the | 943 |
focus of the curriculum; | 944 |
(3) The academic goals to be achieved and the method of | 945 |
measurement that will be used to determine progress toward those | 946 |
goals, which shall include the statewide achievement assessments; | 947 |
(4) Performance standards by which the success of the school | 948 |
will be evaluated by the sponsor; | 949 |
(5) The admission standards of section 3314.06 of the Revised | 950 |
Code and, if applicable, section 3314.061 of the Revised Code; | 951 |
(6)(a) Dismissal procedures; | 952 |
(b) A requirement that the governing authority adopt an | 953 |
attendance policy that includes a procedure for automatically | 954 |
withdrawing a student from the school if the student without a | 955 |
legitimate excuse fails to participate in one hundred five | 956 |
consecutive hours of the learning opportunities offered to the | 957 |
student. | 958 |
(7) The ways by which the school will achieve racial and | 959 |
ethnic balance reflective of the community it serves; | 960 |
(8) Requirements for financial audits by the auditor of | 961 |
state. The contract shall require financial records of the school | 962 |
to be maintained in the same manner as are financial records of | 963 |
school districts, pursuant to rules of the auditor of state. | 964 |
Audits shall be conducted in accordance with section 117.10 of the | 965 |
Revised Code. | 966 |
(9) The facilities to be used and their locations; | 967 |
(10) Qualifications of teachers, including | 968 |
(a) A requirement that the school's classroom teachers be | 969 |
licensed in accordance with sections 3319.22 to 3319.31 of the | 970 |
Revised Code, except that a community school may engage | 971 |
noncertificated persons to teach up to twelve hours per week | 972 |
pursuant to section 3319.301 of the Revised Code; | 973 |
(b) A requirement that each classroom teacher initially hired | 974 |
by the school on or after July 1, 2013, and employed to provide | 975 |
instruction in physical education hold a valid license issued | 976 |
pursuant to section 3319.22 of the Revised Code for teaching | 977 |
physical education. | 978 |
(11) That the school will comply with the following | 979 |
requirements: | 980 |
(a) The school will provide learning opportunities to a | 981 |
minimum of twenty-five students for a minimum of nine hundred | 982 |
twenty hours per school year. | 983 |
(b) The governing authority will purchase liability | 984 |
insurance, or otherwise provide for the potential liability of the | 985 |
school. | 986 |
(c) The school will be nonsectarian in its programs, | 987 |
admission policies, employment practices, and all other | 988 |
operations, and will not be operated by a sectarian school or | 989 |
religious institution. | 990 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 991 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 992 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 993 |
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648, | 994 |
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 995 |
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 996 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817, | 997 |
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, | 998 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 999 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 1000 |
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. | 1001 |
of the Revised Code as if it were a school district and will | 1002 |
comply with section 3301.0714 of the Revised Code in the manner | 1003 |
specified in section 3314.17 of the Revised Code. | 1004 |
(e) The school shall comply with Chapter 102. and section | 1005 |
2921.42 of the Revised Code. | 1006 |
(f) The school will comply with sections 3313.61, 3313.611, | 1007 |
and 3313.614 of the Revised Code, except that for students who | 1008 |
enter ninth grade for the first time before July 1, 2010, the | 1009 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 1010 |
that a person must successfully complete the curriculum in any | 1011 |
high school prior to receiving a high school diploma may be met by | 1012 |
completing the curriculum adopted by the governing authority of | 1013 |
the community school rather than the curriculum specified in Title | 1014 |
XXXIII of the Revised Code or any rules of the state board of | 1015 |
education. Beginning with students who enter ninth grade for the | 1016 |
first time on or after July 1, 2010, the requirement in sections | 1017 |
3313.61 and 3313.611 of the Revised Code that a person must | 1018 |
successfully complete the curriculum of a high school prior to | 1019 |
receiving a high school diploma shall be met by completing the | 1020 |
Ohio core curriculum prescribed in division (C) of section | 1021 |
3313.603 of the Revised Code, unless the person qualifies under | 1022 |
division (D) or (F) of that section. Each school shall comply with | 1023 |
the plan for awarding high school credit based on demonstration of | 1024 |
subject area competency, adopted by the state board of education | 1025 |
under division (J) of section 3313.603 of the Revised Code. | 1026 |
(g) The school governing authority will submit within four | 1027 |
months after the end of each school year a report of its | 1028 |
activities and progress in meeting the goals and standards of | 1029 |
divisions (A)(3) and (4) of this section and its financial status | 1030 |
to the sponsor and the parents of all students enrolled in the | 1031 |
school. | 1032 |
(h) The school, unless it is an internet- or computer-based | 1033 |
community school, will comply with | 1034 |
3313.674, and 3313.801 of the Revised Code as if it were a school | 1035 |
district. | 1036 |
(12) Arrangements for providing health and other benefits to | 1037 |
employees; | 1038 |
(13) The length of the contract, which shall begin at the | 1039 |
beginning of an academic year. No contract shall exceed five years | 1040 |
unless such contract has been renewed pursuant to division (E) of | 1041 |
this section. | 1042 |
(14) The governing authority of the school, which shall be | 1043 |
responsible for carrying out the provisions of the contract; | 1044 |
(15) A financial plan detailing an estimated school budget | 1045 |
for each year of the period of the contract and specifying the | 1046 |
total estimated per pupil expenditure amount for each such year. | 1047 |
The plan shall specify for each year the base formula amount that | 1048 |
will be used for purposes of funding calculations under section | 1049 |
3314.08 of the Revised Code. This base formula amount for any year | 1050 |
shall not exceed the formula amount defined under section 3317.02 | 1051 |
of the Revised Code. The plan may also specify for any year a | 1052 |
percentage figure to be used for reducing the per pupil amount of | 1053 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 1054 |
Code the school is to receive that year under section 3314.08 of | 1055 |
the Revised Code. | 1056 |
(16) Requirements and procedures regarding the disposition of | 1057 |
employees of the school in the event the contract is terminated or | 1058 |
not renewed pursuant to section 3314.07 of the Revised Code; | 1059 |
(17) Whether the school is to be created by converting all or | 1060 |
part of an existing public school or educational service center | 1061 |
building or is to be a new start-up school, and if it is a | 1062 |
converted public school or service center building, specification | 1063 |
of any duties or responsibilities of an employer that the board of | 1064 |
education or service center governing board that operated the | 1065 |
school or building before conversion is delegating to the | 1066 |
governing authority of the community school with respect to all or | 1067 |
any specified group of employees provided the delegation is not | 1068 |
prohibited by a collective bargaining agreement applicable to such | 1069 |
employees; | 1070 |
(18) Provisions establishing procedures for resolving | 1071 |
disputes or differences of opinion between the sponsor and the | 1072 |
governing authority of the community school; | 1073 |
(19) A provision requiring the governing authority to adopt a | 1074 |
policy regarding the admission of students who reside outside the | 1075 |
district in which the school is located. That policy shall comply | 1076 |
with the admissions procedures specified in sections 3314.06 and | 1077 |
3314.061 of the Revised Code and, at the sole discretion of the | 1078 |
authority, shall do one of the following: | 1079 |
(a) Prohibit the enrollment of students who reside outside | 1080 |
the district in which the school is located; | 1081 |
(b) Permit the enrollment of students who reside in districts | 1082 |
adjacent to the district in which the school is located; | 1083 |
(c) Permit the enrollment of students who reside in any other | 1084 |
district in the state. | 1085 |
(20) A provision recognizing the authority of the department | 1086 |
of education to take over the sponsorship of the school in | 1087 |
accordance with the provisions of division (C) of section 3314.015 | 1088 |
of the Revised Code; | 1089 |
(21) A provision recognizing the sponsor's authority to | 1090 |
assume the operation of a school under the conditions specified in | 1091 |
division (B) of section 3314.073 of the Revised Code; | 1092 |
(22) A provision recognizing both of the following: | 1093 |
(a) The authority of public health and safety officials to | 1094 |
inspect the facilities of the school and to order the facilities | 1095 |
closed if those officials find that the facilities are not in | 1096 |
compliance with health and safety laws and regulations; | 1097 |
(b) The authority of the department of education as the | 1098 |
community school oversight body to suspend the operation of the | 1099 |
school under section 3314.072 of the Revised Code if the | 1100 |
department has evidence of conditions or violations of law at the | 1101 |
school that pose an imminent danger to the health and safety of | 1102 |
the school's students and employees and the sponsor refuses to | 1103 |
take such action; | 1104 |
(23) A description of the learning opportunities that will be | 1105 |
offered to students including both classroom-based and | 1106 |
non-classroom-based learning opportunities that is in compliance | 1107 |
with criteria for student participation established by the | 1108 |
department under division (L)(2) of section 3314.08 of the Revised | 1109 |
Code; | 1110 |
(24) The school will comply with sections 3302.04 and | 1111 |
3302.041 of the Revised Code, except that any action required to | 1112 |
be taken by a school district pursuant to those sections shall be | 1113 |
taken by the sponsor of the school. However, the sponsor shall not | 1114 |
be required to take any action described in division (F) of | 1115 |
section 3302.04 of the Revised Code. | 1116 |
(25) Beginning in the 2006-2007 school year, the school will | 1117 |
open for operation not later than the thirtieth day of September | 1118 |
each school year, unless the mission of the school as specified | 1119 |
under division (A)(2) of this section is solely to serve dropouts. | 1120 |
In its initial year of operation, if the school fails to open by | 1121 |
the thirtieth day of September, or within one year after the | 1122 |
adoption of the contract pursuant to division (D) of section | 1123 |
3314.02 of the Revised Code if the mission of the school is solely | 1124 |
to serve dropouts, the contract shall be void. | 1125 |
(B) The community school shall also submit to the sponsor a | 1126 |
comprehensive plan for the school. The plan shall specify the | 1127 |
following: | 1128 |
(1) The process by which the governing authority of the | 1129 |
school will be selected in the future; | 1130 |
(2) The management and administration of the school; | 1131 |
(3) If the community school is a currently existing public | 1132 |
school or educational service center building, alternative | 1133 |
arrangements for current public school students who choose not to | 1134 |
attend the converted school and for teachers who choose not to | 1135 |
teach in the school or building after conversion; | 1136 |
(4) The instructional program and educational philosophy of | 1137 |
the school; | 1138 |
(5) Internal financial controls. | 1139 |
(C) A contract entered into under section 3314.02 of the | 1140 |
Revised Code between a sponsor and the governing authority of a | 1141 |
community school may provide for the community school governing | 1142 |
authority to make payments to the sponsor, which is hereby | 1143 |
authorized to receive such payments as set forth in the contract | 1144 |
between the governing authority and the sponsor. The total amount | 1145 |
of such payments for oversight and monitoring of the school shall | 1146 |
not exceed three per cent of the total amount of payments for | 1147 |
operating expenses that the school receives from the state. | 1148 |
(D) The contract shall specify the duties of the sponsor | 1149 |
which shall be in accordance with the written agreement entered | 1150 |
into with the department of education under division (B) of | 1151 |
section 3314.015 of the Revised Code and shall include the | 1152 |
following: | 1153 |
(1) Monitor the community school's compliance with all laws | 1154 |
applicable to the school and with the terms of the contract; | 1155 |
(2) Monitor and evaluate the academic and fiscal performance | 1156 |
and the organization and operation of the community school on at | 1157 |
least an annual basis; | 1158 |
(3) Report on an annual basis the results of the evaluation | 1159 |
conducted under division (D)(2) of this section to the department | 1160 |
of education and to the parents of students enrolled in the | 1161 |
community school; | 1162 |
(4) Provide technical assistance to the community school in | 1163 |
complying with laws applicable to the school and terms of the | 1164 |
contract; | 1165 |
(5) Take steps to intervene in the school's operation to | 1166 |
correct problems in the school's overall performance, declare the | 1167 |
school to be on probationary status pursuant to section 3314.073 | 1168 |
of the Revised Code, suspend the operation of the school pursuant | 1169 |
to section 3314.072 of the Revised Code, or terminate the contract | 1170 |
of the school pursuant to section 3314.07 of the Revised Code as | 1171 |
determined necessary by the sponsor; | 1172 |
(6) Have in place a plan of action to be undertaken in the | 1173 |
event the community school experiences financial difficulties or | 1174 |
closes prior to the end of a school year. | 1175 |
(E) Upon the expiration of a contract entered into under this | 1176 |
section, the sponsor of a community school may, with the approval | 1177 |
of the governing authority of the school, renew that contract for | 1178 |
a period of time determined by the sponsor, but not ending earlier | 1179 |
than the end of any school year, if the sponsor finds that the | 1180 |
school's compliance with applicable laws and terms of the contract | 1181 |
and the school's progress in meeting the academic goals prescribed | 1182 |
in the contract have been satisfactory. Any contract that is | 1183 |
renewed under this division remains subject to the provisions of | 1184 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 1185 |
(F) If a community school fails to open for operation within | 1186 |
one year after the contract entered into under this section is | 1187 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 1188 |
Code or permanently closes prior to the expiration of the | 1189 |
contract, the contract shall be void and the school shall not | 1190 |
enter into a contract with any other sponsor. A school shall not | 1191 |
be considered permanently closed because the operations of the | 1192 |
school have been suspended pursuant to section 3314.072 of the | 1193 |
Revised Code. Any contract that becomes void under this division | 1194 |
shall not count toward any statewide limit on the number of such | 1195 |
contracts prescribed by section 3314.013 of the Revised Code. | 1196 |
Sec. 3314.18. (A) Subject to division (C) of this section, | 1197 |
the governing | 1198 |
establish a breakfast program pursuant to the "National School | 1199 |
Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and | 1200 |
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, | 1201 |
as amended, if at least one-fifth of the pupils in the school are | 1202 |
eligible under federal requirements for free breakfasts, and shall | 1203 |
establish a lunch program pursuant to those acts if at least | 1204 |
one-fifth of the pupils are eligible for free lunches. The | 1205 |
governing | 1206 |
program under this division may make a charge in accordance with | 1207 |
federal requirements for each reduced price breakfast or paid | 1208 |
breakfast to cover the cost incurred in providing that meal. | 1209 |
(B) Subject to division (C) of this section, the governing | 1210 |
1211 | |
the following for summer intervention services described in | 1212 |
division (D) of section 3301.0711 and section 3313.608 of the | 1213 |
Revised Code and any other summer intervention program required by | 1214 |
law: | 1215 |
(1) An extension of the school breakfast program pursuant to | 1216 |
the "National School Lunch Act" and the "Child Nutrition Act of | 1217 |
1966"; | 1218 |
(2) An extension of the school lunch program pursuant to | 1219 |
those acts; | 1220 |
(3) A summer food service program pursuant to those acts. | 1221 |
(C) If the governing | 1222 |
determines that, for financial reasons, it cannot comply with | 1223 |
division (A) or (B) of this section, the governing | 1224 |
may choose not to comply with either or both divisions. In that | 1225 |
case, the governing | 1226 |
parents of its students, in the manner it determines appropriate, | 1227 |
its decision not to comply. | 1228 |
(D) The governing | 1229 |
required to establish a school breakfast, school lunch, or summer | 1230 |
food service program under this section shall apply for state and | 1231 |
federal funds allocated by the state board of education under | 1232 |
division (B) of section 3313.813 of the Revised Code and shall | 1233 |
comply with the state board's standards adopted under that | 1234 |
division. | 1235 |
(E) The governing authority of any community school required | 1236 |
to establish a breakfast program under this section or that elects | 1237 |
to participate in a breakfast program pursuant to the "National | 1238 |
School Lunch Act" and the "Child Nutrition Act of 1966" may offer | 1239 |
breakfast to pupils in their classrooms during the school day. | 1240 |
(F) Notwithstanding anything in this section to the contrary, | 1241 |
in each fiscal year in which the general assembly appropriates | 1242 |
funds for purposes of this division, the governing authority of | 1243 |
each community school required to establish a breakfast program | 1244 |
under this section or that elects to participate in a breakfast | 1245 |
program pursuant to the "National School Lunch Act" and the "Child | 1246 |
Nutrition Act of 1966" shall provide a breakfast free of charge to | 1247 |
each pupil who is eligible under federal requirements for a | 1248 |
reduced price breakfast. | 1249 |
(G) This section does not apply to internet- or | 1250 |
computer-based community schools. | 1251 |
Sec. 3319.076. No school district shall employ any classroom | 1252 |
teacher initially hired on or after July 1, 2013, to provide | 1253 |
instruction in physical education in any of grades kindergarten | 1254 |
through twelve unless the teacher holds a valid license issued | 1255 |
pursuant to section 3319.22 of the Revised Code for teaching | 1256 |
physical education. | 1257 |
Sec. 3326.11. Each science, technology, engineering, and | 1258 |
mathematics school established under this chapter and its | 1259 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 1260 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 1261 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 1262 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 1263 |
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 1264 |
3313.6016, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 1265 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 1266 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 1267 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 1268 |
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, | 1269 |
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, | 1270 |
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, | 1271 |
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., | 1272 |
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and | 1273 |
4167. of the Revised Code as if it were a school district. | 1274 |
Sec. 3326.13. (A) Teachers employed by a science, technology, | 1275 |
engineering, and mathematics school shall be highly qualified | 1276 |
teachers, as defined in section 3319.074 of the Revised Code, and | 1277 |
shall be licensed under sections 3319.22 to 3319.31 of the Revised | 1278 |
Code and rules of the state board of education implementing those | 1279 |
sections. | 1280 |
(B) No STEM school shall employ any classroom teacher | 1281 |
initially hired on or after July 1, 2013, to provide instruction | 1282 |
in physical education unless the teacher holds a valid license | 1283 |
issued pursuant to section 3319.22 of the Revised Code for | 1284 |
teaching physical education. | 1285 |
Section 2. That existing sections 3313.603, 3313.813, | 1286 |
3313.814, 3314.03, 3314.18, 3326.11, and 3326.13 of the Revised | 1287 |
Code are hereby repealed. | 1288 |
Section 3. The amendment or enactment by this act of | 1289 |
sections 3313.814, 3313.816, and 3313.817 of the Revised Code and | 1290 |
the amendments to sections 3314.03 and 3326.11 of the Revised Code | 1291 |
that insert "3313.814, 3313.816, 3313.817," take effect the first | 1292 |
day of July following the effective date of this section. | 1293 |
Section 4. (A) Any school district or public or chartered | 1294 |
nonpublic school that, prior to the effective date of this act, | 1295 |
entered into a contract with a producer or distributor of a food | 1296 |
or beverage that requires the sale of the food or beverage to | 1297 |
students in violation of sections 3313.814, 3313.816, or 3313.817 | 1298 |
of the Revised Code, as amended or enacted by this act, after the | 1299 |
effective date of those sections shall not be required to comply | 1300 |
with those sections until the expiration of the contract. Any | 1301 |
renewal of that contract shall comply with those sections. | 1302 |
(B) Any contract between a school district or public or | 1303 |
chartered nonpublic school and a producer or distributor of a food | 1304 |
or beverage that is entered into between the effective date of | 1305 |
this act and the first day of July following that date shall | 1306 |
comply with sections 3313.814, 3313.816, and 3313.817 of the | 1307 |
Revised Code, as amended or enacted by this act, with respect to | 1308 |
the school year beginning that first day of July and any | 1309 |
subsequent school year covered by the contract. | 1310 |
Section 5. Within thirty days after the effective date of | 1311 |
this section, the Governor, the President of the Senate, and the | 1312 |
Speaker of the House of Representatives shall appoint members to | 1313 |
the Healthy Choices for Healthy Children Council established by | 1314 |
section 3301.92 of the Revised Code, as enacted by this act. | 1315 |