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