As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 157

Representatives Schuring, Letson 

Cosponsors: Representatives Derickson, Hall, Combs, Stebelton, Yuko, Hollington, Fende, Antonio, Adams, J., Adams, R., Anielski, Barnes, Beck, Boose, Brenner, Bubp, Buchy, Budish, Carney, Celeste, Dovilla, Driehaus, Fedor, Gardner, Garland, Gentile, Gerberry, Goyal, Hackett, Hagan, C., Hagan, R., Heard, Henne, Hottinger, Kozlowski, Luckie, Lundy, Mallory, McClain, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Okey, Patmon, Peterson, Pillich, Ramos, Reece, Roegner, Ruhl, Slaby, Slesnick, Stinziano, Weddington, Williams, Winburn, Young Speaker Batchelder 

Senators Hite, Brown, Coley, Gentile, Hughes, Jones, Kearney, Obhof, Patton, Sawyer, Schiavoni, Seitz, Turner, Wagoner 

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A BILL

To amend sections 3311.05, 3311.0510, 3313.376,

1

3313.843, 3317.11, 3318.60, 3319.07, 3326.45,

2

3328.01, 3328.02, 3328.12, 3328.13, 3328.14,

3

3328.15, 3328.23, 3328.24, 3328.34, 3328.36, and

4

3328.41 and to enact sections 3318.61 and 3319.80

5

of the Revised Code to authorize educational

6

service centers to provide teacher professional

7

development on dyslexia, to make changes regarding

8

the relationship between educational service

9

centers and their client school districts, to make

10

changes to the operation of public

11

college-preparatory boarding schools and the

12

College-Preparatory Boarding School Facilities

13

Program, and to declare an emergency.

14

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

Section 1.  That sections 3311.05, 3311.0510, 3313.376,	15
3313.843, 3317.11, 3318.60, 3319.07, 3326.45, 3328.01, 3328.02,	16
3328.12, 3328.13, 3328.14, 3328.15, 3328.23, 3328.24, 3328.34,	17
3328.36, and 3328.41 be amended and sections 3318.61 and 3319.80	18
of the Revised Code be enacted to read as follows:	19

Sec. 3311.05.  (A) The territory within the territorial	20
limits of a county, or the territory included in a district formed	21
under section 3311.053 of the Revised Code, exclusive of the	22
territory embraced in any city school district or exempted village	23
school district, and excluding the territory detached therefrom	24
for school purposes and including the territory attached thereto	25
for school purposes constitutes an educational service center. If	26
the educational service center in which the territory of a local	27
school district is located is dissolved under section 3311.0510 of	28
the Revised Code, the territory of that local school district	29
shall not constitute part of any educational service center.	30

(B) A county school financing district created under section	31
3311.50 of the Revised Code is not the school district described	32
in division (A) of this section or any other school district but	33
is a taxing district.	34

Sec. 3311.0510.  (A) If all of the localclient school	35
districts that make up the territory of an educational service	36
center have severed from the territory of thatterminated their	37
agreements with the service center under division (D) of section	38
3313.843 of the Revised Code, upon the latest effective date of	39
the severance of the last remaining local school district to make	40
up the territory of the service centerterminations, the governing	41
board of that service center shall be abolished and such service	42
center shall be dissolved by order of the superintendent of public	43
instruction. The superintendent's order shall provide for the	44
equitable division and disposition of the assets, property, debts,	45
and obligations of the service center among the local school	46
districts, of which the territory of the service center is or	47
previously was made up, and the city and exempted village school	48
districts with which the service center had agreements under	49
section 3313.843 of the Revised Codethat were client school	50
districts of the service center for the service center's last	51
fiscal year of operation. The superintendent's order shall provide	52
that the tax duplicate of each of those school districts shall be	53
bound for and assume the district's equitable share of the	54
outstanding indebtedness of the service center. The	55
superintendent's order is final and is not appealable.	56

Immediately upon the abolishment of the service center	57
governing board pursuant to this section, the superintendent of	58
public instruction shall appoint a qualified individual to	59
administer the dissolution of the service center and to implement	60
the terms of the superintendent's dissolution order.	61

Prior to distributing assets to any school district under	62
this section, but after paying in full other debts and obligations	63
of the service center under this section, the superintendent of	64
public instruction may assess against the remaining assets of the	65
service center the amount of the costs incurred by the department	66
of education in performing the superintendent's duties under this	67
division, including the fees, if any, owed to the individual	68
appointed to administer the superintendent's dissolution order.	69
Any excess cost incurred by the department under this division	70
shall be divided equitably among the local school districts, of	71
which the territory of the service center is or previously was	72
made up, and the city and exempted village school districts with	73
which the service center had agreements under section 3313.843 of	74
the Revised Codethat were client school districts of the service	75
center for the service center's last fiscal year of operation.	76
Each district's share of that excess cost shall be bound against	77
the tax duplicate of that district.	78

(B) A final audit of the former service center shall be	79
performed in accordance with procedures established by the auditor	80
of state.	81

(C) The public records of an educational service center that	82
is dissolved under this section shall be transferred in accordance	83
with this division. Public records maintained by the service	84
center in connection with services provided by the service center	85
to local school districts of which the territory of the service	86
center is or previously was made up shall be transferred to each	87
of the respective local school districts. Public records	88
maintained by the service center in connection with services	89
provided under an agreement with a city or exempted village school	90
district pursuant to section 3313.843 of the Revised Codeto	91
client school districts shall be transferred to each of the	92
respective city or exempted villageclient school districts. All	93
other public records maintained by the service center at the time	94
the service center ceases operations shall be transferred to the	95
Ohio historical society for analysis and disposition by the	96
society in its capacity as archives administrator for the state	97
and its political subdivisions pursuant to division (C) of section	98
149.30 and section 149.31 of the Revised Code.	99

(D) As used in this section, "client school district" has the	100
same meaning as in section 3317.11 of the Revised Code.	101

Sec. 3313.376.  As used in this section, "client school	102
district" means a city or exempted village school district that	103
has entered into an agreement with an educational service center	104
pursuant tohas the same meaning as in section 3313.8433317.11 of	105
the Revised Code.	106

For the purpose of obtaining quantity discounts in purchasing	107
textbooks; computer equipment, including computer software; school	108
buses; and natural gas, electricity, and other utility services,	109
the governing boards of two or more educational service centers	110
may enter into agreements, including installment purchase and	111
lease-purchase contracts, to jointly purchase such commodities to	112
be utilized by local school districts, or by client school	113
districts, being served byof the educational service centers.	114

Sec. 3313.843.  (A) Notwithstanding division (D) of section	115
3311.52 of the Revised Code, this section does not apply to any	116
cooperative education school district.	117

(B)(1) The board of education of each city, exempted village,	118
or local school district with an average daily student enrollment	119
of sixteen thousand or less, reported for the district on the most	120
recent report card issued under section 3302.03 of the Revised	121
Code, shall enter into an agreement with the governing board of an	122
educational service center, under which the educational service	123
center governing board will provide services to the district.	124

(2) The board of education of a city, exempted village, or	125
local school district with an average daily student enrollment of	126
more than sixteen thousand may enter into an agreement with the	127
governing board of an educational service center, under which the	128
educational service center governing board will provide services	129
to the district.	130

(3) Services provided under an agreement entered into under	131
division (B)(1) or (2) of this section shall be specified in the	132
agreement, and may include any of the following: supervisory	133
teachers; in-service and continuing education programs for	134
district personnel; curriculum services; research and development	135
programs; academic instruction for which the governing board	136
employs teachers pursuant to section 3319.02 of the Revised Code;	137
assistance in the provision of special accommodations and classes	138
for students with disabilities; or any other services the district	139
board and service center governing board agree can be better	140
provided by the service center and are not provided under an	141
agreement entered into under section 3313.845 of the Revised Code.	142
Services included in the agreement shall be provided to the	143
district in the manner specified in the agreement. The district	144
board of education shall reimburse the educational service center	145
governing board pursuant to section 3317.11 of the Revised Code.	146

(C) Any agreement entered into pursuant to this section shall	147
be filed with the department of education by the first day of July	148
of the school year for which the agreement is in effect.	149

(D)(1) An agreement for services from an educational service	150
center entered into under this section may be terminated by the	151
school district board of education, at its option, by notifying	152
the governing board of the service center by JanuaryMarch 1,	153
2012, or by the first day of January of any odd-numbered year	154
thereafter, that the district board intends to terminate the	155
agreement in that year, and that termination shall be effective on	156
the thirtieth day of June of that year. The failure of a district	157
board to notify an educational service center of its intent to	158
terminate an agreement by March 1, 2012, shall result in renewal	159
of the existing agreement for the following school year.	160
Thereafter, the failure of a district board to notify an	161
educational service center of its intent to terminate an agreement	162
by the first day of January of an odd-numbered year shall result	163
in renewal of the existing agreement for the following two school	164
years.	165

(2) If the school district that terminates an agreement for	166
services under division (D)(1) of this section is also subject to	167
the requirement of division (B)(1) of this section, the district	168
board shall enter into a new agreement with a different	169
educational service center so that the new agreement is effective	170
on the first day of July of that same year.	171

Sec. 3317.11.  (A) As used in this section:

172

(1) "Client school district" means a city or, exempted	173
village, or local school district that has entered into an	174
agreement under section 3313.843 of the Revised Code to receive	175
any services from an educational service center.	176

(2) "Service center ADM" means the sum of the total student	177
counts of all local school districts withinof an educational	178
service center's territory and all of the service center's client	179
school districts.	180

(3) "STEM school" means a science, technology, engineering,	181
and mathematics school established under Chapter 3326. of the	182
Revised Code.	183

(4) "Total student count" has the same meaning as in section	184
3301.011 of the Revised Code.	185

(B)(1) The governing board of each educational service center	186
shall provide supervisory services to each localof its client	187
school district within the service center's territory. Each city	188
or exempted village school district that enters into an agreement	189
under section 3313.843 of the Revised Code for a governing board	190
to provide any services also is considered to be provided	191
supervisory services by the governing boarddistricts. Except as	192
provided in division (B)(2) of this section, the supervisory	193
services shall not exceed one supervisory teacher for the first	194
fifty classroom teachers required to be employed in the districts,	195
as calculated in the manner prescribed under former division (B)	196
of section 3317.023 of the Revised Code, as that division existed	197
prior to the effective date of this amendmentJune 30, 2011, and	198
one for each additional one hundred required classroom teachers,	199
as so calculated.	200

The supervisory services shall be financed annually through	201
supervisory units. Except as provided in division (B)(2) of this	202
section, the number of supervisory units assigned to each district	203
shall not exceed one unit for the first fifty classroom teachers	204
required to be employed in the district, as calculated in the	205
manner prescribed under former division (B) of section 3317.023 of	206
the Revised Code, as that division existed prior to the effective	207
date of this amendmentJune 30, 2011, and one for each additional	208
one hundred required classroom teachers, as so calculated. The	209
cost of each supervisory unit shall be the sum of:	210

(a) The minimum salary prescribed by section 3317.13 of the	211
Revised Code for the licensed supervisory employee of the	212
governing board;	213

(b) An amount equal to fifteen per cent of that salary;

214

(c) An allowance for necessary travel expenses, limited to	215
the lesser of two hundred twenty-three dollars and sixteen cents	216
per month or two thousand six hundred seventy-eight dollars per	217
year.	218

(2) If a majority of the boards of education, or	219
superintendents acting on behalf of the boards, of the local and	220
client school districts receiving services from the educational	221
service center agree to receive additional supervisory services	222
and to pay the cost of a corresponding number of supervisory units	223
in excess of the services and units specified in division (B)(1)	224
of this section, the service center shall provide the additional	225
services as agreed to by the majority of districts to, and the	226
department of education shall apportion the cost of the	227
corresponding number of additional supervisory units pursuant to	228
division (B)(3) of this section among, all of the service center's	229
local and client school districts.	230

(3) The department shall apportion the total cost for all	231
supervisory units among the service center's local and client	232
school districts based on each district's total student count. The	233
department shall deduct each district's apportioned share pursuant	234
to division (B) of section 3317.023 of the Revised Code and pay	235
the apportioned share to the service center.	236

(C) The department annually shall deduct from each local and	237
client school district of each educational service center,	238
pursuant to division (B) of section 3317.023 of the Revised Code,	239
and pay to the service center an amount equal to six dollars and	240
fifty cents times the school district's total student count. The	241
board of education, or the superintendent acting on behalf of the	242
board, of any local or client school district may agree to pay an	243
amount in excess of six dollars and fifty cents per student in	244
total student count. If a majority of the boards of education, or	245
superintendents acting on behalf of the boards, of the local	246
service center's client school districts within a service center's	247
territory approve an amount in excess of six dollars and fifty	248
cents per student in total student count, the department shall	249
deduct the approved excess per student amount from all of the	250
localservice center's client school districts within the service	251
center's territory and pay the excess amount to the service	252
center.	253

(D) The department shall pay each educational service center	254
the amounts due to it from school districts pursuant to contracts,	255
compacts, or agreements under which the service center furnishes	256
services to the districts or their students. In order to receive	257
payment under this division, an educational service center shall	258
furnish either a copy of the contract, compact, or agreement	259
clearly indicating the amounts of the payments, or a written	260
statement that clearly indicates the payments owed and is signed	261
by the superintendent or treasurer of the responsible school	262
district. The amounts paid to service centers under this division	263
shall be deducted from payments to school districts pursuant to	264
division (H)(3) of section 3317.023 of the Revised Code.	265

(E) Each school district's deduction under this section and	266
divisions (B) and (H)(3) of section 3317.023 of the Revised Code	267
shall be made from the total payment computed for the district	268
under this chapter, after making any other adjustments in that	269
payment required by law.	270

(F)(1) Except as provided in division (F)(2) of this section,	271
the department annually shall pay the governing board of each	272
educational service center state funds equal to thirty-seven	273
dollars times its service center ADM.	274

(2) The department annually shall pay state funds equal to	275
forty dollars and fifty-two cents times the service center ADM to	276
each educational service center comprising territory that was	277
included in the territory of at least three former service centers	278
or county school districts, which former centers or districts	279
engaged in one or more mergers under section 3311.053 of the	280
Revised Code to form the present center.	281

(G) Each city, exempted village, local, joint vocational, or	282
cooperative education school district shall pay to the governing	283
board of an educational service center any amounts agreed to for	284
each child enrolled in the district who receives special education	285
and related services or career-technical education from the	286
educational service center, unless these educational services are	287
provided pursuant to a contract, compact, or agreement for which	288
the department deducts and transfers payments under division (D)	289
of this section and division (H)(3) of section 3317.023 of the	290
Revised Code.	291

(H) The department annually shall pay the governing board of	292
each educational service center that has entered into a contract	293
with a STEM school for the provision of services described in	294
division (B) of section 3326.45 of the Revised Code state funds	295
equal to the per-pupil amount specified in the contract for the	296
provision of those services times the number of students enrolled	297
in the STEM school.	298

(I) An educational service center:

299

(1) May provide special education and career-technical	300
education to students in its local or client school districts;	301

(2) Is eligible for transportation funding under division (C)	302
of section 3317.024 of the Revised Code;	303

(3) May apply for and receive gifted education units and	304
provide gifted education services to students in its local or	305
client school districts;	306

(4) May conduct driver education for high school students in	307
accordance with Chapter 4508. of the Revised Code.	308

Sec. 3318.60. (A) As used in this section and section 3318.61	309
of the Revised Code:	310

(1) "Acquisition of classroom facilities" means constructing,	311
reconstructing, repairing, or making additions to classroom	312
facilities.	313

(2) "Ohio school facilities commission" and "classroom	314
facilities" have the same meanings as in section 3318.01 of the	315
Revised Code.	316

(B) There is hereby established the college-preparatory	317
boarding school facilities program. Under the program, the Ohio	318
school facilities commission shall provide assistance to the	319
boards of trustees of college-preparatory boarding schools	320
established under Chapter 3328. of the Revised Code for the	321
acquisition of classroom facilities.	322

(C) To be eligible for assistance under this program, a board	323
of trustees shall secure at least twenty million dollars of	324
private money to satisfy its share of facilities acquisition. A	325
board of trustees that receives assistance under the program shall	326
fund the acquisition of residential facilities and any other	327
facilities other than classroom facilities through private means.	328

(D) The lease payments made by the boards of trustees of	329
college-preparatory boarding schools receiving assistance under	330
the program shall be deposited into the state treasury and	331
credited to the common schools capital facilities bond service	332
fund created in section 151.03 of the Revised Code.	333

(E) The acquisition of classroom facilities with assistance	334
provided under theThe program shall not be subject tocomply with	335
sections 3318.01 to 3318.20 of the Revised Code, except as	336
follows:	337

(1) The commission, in consultation with the board of	338
trustees of a college-preparatory boarding school, shall determine	339
the basic project cost based on all campus facilities needed for	340
the school's programs and operations and shall take into account	341
any unique spaces or square footages needed for such facilities	342
when calculating the basic project cost. Regardless of the	343
inclusion of nonclassroom facilities in the calculation of the	344
basic project cost, state funds provided under the program shall	345
be used only to pay for the acquisition of classroom facilities	346
that do not exceed the construction and design standards	347
established by the commission.	348

(2) To be eligible for assistance under the program, the	349
board of trustees of a college-preparatory boarding school shall	350
secure at least twenty million dollars of private money to satisfy	351
its share of the basic project cost. Funds provided by the board	352
may be used for any type of facility.	353

(3) A college-preparatory boarding school shall not be	354
included in the ranking required by section 3318.011 of the	355
Revised Code. The commission shall initiate procedures for the	356
school's project when the contract required by section 3328.12 of	357
the Revised Code has been executed.	358

(4) No requirement related to the issuance of bonds or	359
securities or the levying of taxes by a school district shall	360
apply to a college-preparatory boarding school or its board of	361
trustees.	362

(5) The agreement entered into by the commission with the	363
board of trustees of a college-preparatory boarding school under	364
section 3318.08 of the Revised Code shall provide for termination	365
of the contract and release of the funds encumbered at the time of	366
the project's conditional approval, if the board fails to secure	367
the amount specified in division (C)(2) of this section within	368
such period after the execution of the agreement as may be fixed	369
by the commission.	370

(F)(D) Within the ninety-day period immediately following the	371
effective date of this section, the commission shall adopt rules	372
necessary for the implementation and administration of the	373
program.	374

Sec. 3318.61.  (A) In lieu of participating in the	375
college-preparatory boarding school facilities program under	376
section 3318.60 of the Revised Code, if the board of trustees of a	377
college-preparatory boarding school established under Chapter	378
3328. of the Revised Code has leased, purchased, or otherwise	379
acquired a site for the school, the board of trustees may request	380
approval from the Ohio school facilities commission for the board	381
of trustees and the commission to enter into an agreement with a	382
person or entity for the development of the site, under which	383
agreement all of the following shall occur:	384

(1) The board of trustees will lease the site and any	385
facilities located on that site to the person or entity for the	386
purpose of enabling the person or entity to provide the campus	387
facilities needed for the school's programs and operations by	388
constructing new facilities on the site; reconstructing,	389
repairing, or making additions to the existing facilities on the	390
site; or both.	391

(2) The person or entity will lease the site and any new or	392
existing facilities located on that site back to the board of	393
trustees for use by the school.	394

(3) The commission will pay the board of trustees state funds	395
for the cost of acquisition of classroom facilities on the site	396
and the board of trustees will use those funds to make rent	397
payments on the lease provided by the person or entity. As agreed	398
to by the commission and the board of trustees, the commission may	399
pay the state funds to the board of trustees in periodic	400
installments or as one lump sum in an amount equal to the	401
outstanding balance on the lease for classroom facilities.	402

(B) The commission shall approve the request of the board of	403
trustees under division (A) of this section only if the following	404
conditions are satisfied:	405

(1) The person or entity that would be party to the agreement	406
submits to the board of trustees and the commission a plan for	407
developing the site that includes the following:	408

(a) Provision for installation of site utilities that meet	409
the requirements of all applicable laws;	410

(b) A description of the facilities that will be constructed,	411
reconstructed, repaired, or added to and their total square	412
footage;	413

(c) A description of how the facilities will enable the board	414
of trustees to provide the educational program described in	415
section 3328.22 of the Revised Code;	416

(d) Provision for securing property and liability insurance	417
for the facilities;	418

(e) A description of how the development of the site will be	419
financed by the person or entity;	420

(f) The length of the lease that the person or entity will	421
offer the board of trustees, which shall not exceed forty years,	422
and the monthly rent that will be owed to the person or entity for	423
that lease.	424

(2) The commission determines that the plan submitted under	425
division (B)(1) of this section is satisfactory and will meet the	426
needs of the students enrolled in the school and that the	427
classroom facilities described in the plan do not exceed the	428
construction and design standards established by the commission.	429

(3) The person or entity that would be party to the agreement	430
has demonstrated financial responsibility to the satisfaction of	431
the commission.	432

(4) The commission, in consultation with the board of	433
trustees, determines that it is in the best interest of the school	434
for the board of trustees and the commission to enter into the	435
agreement.	436

(C) Upon approval of the commission, the board of trustees	437
and the commission may enter into an agreement with the person or	438
entity for development of the site in accordance with this	439
section. The agreement shall include the following:	440

(1) A requirement that development of the site begin not	441
later than eighteen months after the agreement is executed and	442
proceed according to a schedule specified in the agreement;	443

(2) A stipulation that failure of the person or entity	444
developing the site to comply with the schedule shall be grounds	445
for termination of the agreement;	446

(3) A provision specifying which party to the agreement owns	447
the facilities located on the site if the school closes prior to	448
the expiration of the agreement and a provision indicating the	449
period of time after the school's closure, if any, during which	450
rent payments will continue to be paid to the person or entity	451
developing the site.	452

Sec. 3319.07.  (A) The board of education of each city,	453
exempted village, local, and joint vocational school district	454
shall employ the teachers of the public schools of their	455
respective districts.	456

The governing board of each educational service center may	457
employ special instruction teachers, special education teachers,	458
and teachers of academic courses in which there are too few	459
students in each of the constituent local school districts or in	460
city or exempted village school districts entering into agreements	461
pursuant to section 3313.843 of the Revised Code to warrant each	462
district's employing teachers for those courses.	463

When any board makes appointments of teachers, the teachers	464
in the employ of the board shall be considered before new teachers	465
are chosen in their stead. In all school districts and in service	466
centers no teacher shall be employed unless such person is	467
nominated by the superintendent of such district or center. Such	468
board, by a three-fourths vote of its full membership, may	469
re-employ any teacher whom the superintendent refuses to appoint.	470

(B) The board of education of any school district may	471
contract with the governing board of the educational service	472
center from which it otherwise receives services to conduct	473
searches and recruitment of candidates for teacher positions.	474

Sec. 3319.80. (A) The governing board of any educational	475
service center may engage the services of a dyslexia specialist to	476
provide training for teachers of grades kindergarten to four on	477
the indicators of dyslexia and the types of instruction that	478
children with dyslexia need to learn, read, write, and spell. If a	479
service center provides this training, it shall make the training	480
available to local school districts within the service center's	481
territory and to other school districts, community schools, and	482
STEM schools that have contracted for the training from the	483
service center under section 3313.843, 3313.844, 3313.845, or	484
3326.45 of the Revised Code.	485

If a governing board of any educational service center does	486
not provide the training, a group of local school districts within	487
the service center's territory may engage the services of a	488
dyslexia specialist to provide training for teachers	489
independently.	490

A school district or school may require the training	491
authorized under this section for its teachers as part of the	492
district's or school's regular in-service training programs.	493

(B) As used in this section:

494

(1) "Dyslexia" means a specific learning disorder that is	495
neurological in origin and that is characterized by unexpected	496
difficulties with accurate or fluent word recognition and by poor	497
spelling and decoding abilities not consistent with the person's	498
intelligence, motivation, and sensory capabilities, which	499
difficulties typically result from a deficit in the phonological	500
component of language.	501

(2) "Dyslexia specialist" means a person who is trained and	502
certified in a multisensory structured language program that meets	503
the level II specialist criteria set by the international dyslexia	504
association's knowledge and practice standards or standards from	505
any other nationally recognized organization that specializes in	506
issues surrounding dyslexia, or any subsequently adopted	507
standards.	508

Sec. 3326.45. (A) The governing body of a science,	509
technology, engineering, and mathematics school may contract with	510
the governing board of an educational service center or the board	511
of education of a joint vocational school district for the	512
provision of services to the STEM school or to any student	513
enrolled in the school. Services provided under the contract and	514
the amount to be paid for those services shall be mutually agreed	515
to by the parties to the contract, and shall be specified in the	516
contract.	517

(B) A contract entered into under this section may require an	518
educational service center to provide any one or a combination of	519
the following services to a STEM school:	520

(1) Supervisory teachers;

521

(2) In-service and continuing education programs for	522
personnel of the STEM school;	523

(3) Curriculum services as provided to the localclient	524
school districts under the supervision of the service center;	525

(4) Research and development programs;

526

(5) Academic instruction for which the service center	527
governing board employs teachers;	528

(6) Assistance in the provision of special accommodations and	529
classes for students with disabilities.	530

Services described in division (B) of this section shall be	531
provided to the STEM school in the same manner they are provided	532
to localclient school districts underof the service center's	533
supervisioncenter, unless otherwise specified in the contract.	534
The contract shall specify whether the service center will receive	535
a per-pupil payment from the department of education for the	536
provision of these services and, if so, the amount of the	537
per-pupil payment, which shall not exceed the per-pupil amount	538
paid to the service center under division (F) of section 3317.11	539
of the Revised Code for each student in the service center ADM.	540

(C) For each contract entered into under this section, the	541
department shall deduct the amount owed by the STEM school from	542
the state funds due to the STEM school under this chapter and	543
shall pay that amount to the educational service center or joint	544
vocational school district that is party to the contract. In the	545
case of a contract with an educational service center that	546
specifies per-pupil payments for the provision of services	547
described in division (B) of this section, the department also	548
shall pay the service center the amount calculated under division	549
(H) of section 3317.11 of the Revised Code.	550

(D) No contract entered into under this section shall be	551
valid unless a copy is filed with the department by the first day	552
of the school year for which the contract is in effect.	553

(E) As used in this section, "client school district" has the	554
same meaning as in section 3317.11 of the Revised Code.	555

Sec. 3328.01.  As used in this chapter:

556

(A) "Board of trustees" means the board of trustees	557
established for a college-preparatory boarding school in	558
accordance with section 3328.15 of the Revised Code.	559

(B) "Child with a disability," "IEP," and "school district of	560
residence" have the same meanings as in section 3323.01 of the	561
Revised Code.	562

(B)(C) "Eligible student" means a student who is entitled to	563
attend school in a participating school district; is at risk of	564
academic failure; is from a family whose income is below two	565
hundred per cent of the federal poverty guidelines, as defined in	566
section 5101.46 of the Revised Code; meets any additional criteria	567
prescribed by agreement between the state board of education and	568
the operator of the college-preparatory boarding school in which	569
the student seeks enrollment; and meets at least two of the	570
following additional conditions:	571

(1) The student has a record of in-school disciplinary	572
actions, suspensions, expulsions, or truancy.	573

(2) The student has not attained at least a proficient score	574
on the state achievement assessments in English language arts,	575
reading, or mathematics prescribed under section 3301.0710 of the	576
Revised Code, after those assessments have been administered to	577
the student at least once, or the student has not attained at	578
least a score designated by the board of trustees of the	579
college-preparatory boarding school in which the student seeks	580
enrollment under this chapter on an end-of-course examination in	581
English language arts or mathematics prescribed under section	582
3301.0712 of the Revised Code.	583

(3) The student is a child with a disability.

584

(4) The student has been referred for academic intervention	585
services.	586

(5) The student's head of household is a single parent. As	587
used in this division and in division (B)(C)(6) of this section,	588
"head of household" means a person who occupies the same household	589
as the student and who is financially responsible for the student.	590

(6) The student's head of household is not the student's	591
custodial parent.	592

(7) A member of the student's family has been imprisoned, as	593
defined in section 1.05 of the Revised Code.	594

(C)(D) "Entitled to attend school" means entitled to attend	595
school in a school district under section 3313.64 or 3313.65 of	596
the Revised Code.	597

(D)(E) "Formula ADM," and "category one through six special	598
education ADM," and "state education aid" have the same meanings	599
as in section 3306.023317.02 of the Revised Code.	600

(E)(F) "Operator" means the operator of a college-preparatory	601
boarding school selected under section 3328.11 of the Revised	602
Code.	603

(F)(G) "Participating school district" means either of the	604
following:	605

(1) The school district in which a college-preparatory	606
boarding school established under this chapter is located;	607

(2) A school district other than one described in division	608
(F)(G)(1) of this section that, pursuant to procedures adopted by	609
the state board of education under section 3328.04 of the Revised	610
Code, agrees to be a participating school district so that	611
eligible students entitled to attend school in that district may	612
enroll in a college-preparatory boarding school established under	613
this chapter.	614

(G) "State education aid" has the same meaning as in section	615
3317.02 of the Revised Code.	616

Sec. 3328.02. (A) Each college-preparatory boarding school	617
established under this chapter is a public school and is part of	618
the state's program of education, subject to a charter granted by	619
the state board of education under section 3301.16 of the Revised	620
Code.	621

(B) Acting through its board of trustees, the school may sue	622
and be sued, acquire facilities as needed, contract for any	623
services necessary for the operation of the school, and enter into	624
contracts with the department of education pursuant to this	625
chapter. The board of trustees may carry out any act and ensure	626
the performance of any function that is in compliance with the	627
Ohio Constitution, this chapter, other statutes applicable to	628
college-preparatory boarding schools, and the contract entered	629
into under this chapter establishing the school.	630

Sec. 3328.12.  The state board of education shall enter into	631
a contract with the operator of each college-preparatory boarding	632
school established under this chapter. The contract shall	633
stipulate the following:	634

(A) The school may operate only if and to the extent the	635
school holds a valid charter granted by the state board under	636
section 3301.16 of the Revised Code.	637

(B) The operatorschool's board of trustees shall oversee the	638
acquisition of a facility for the school.	639

(C)(B) The operator shall operate the school in accordance	640
with the terms of the proposal accepted by the state board under	641
section 3328.11 of the Revised Code, including the plan for	642
increasing the grade levels offered by the school.	643

(D)(C) The school shall comply with the provisions of this	644
chapter.	645

(E)(D) The school shall comply with any other provisions of	646
law specified in the contract, the charter granted by the state	647
board, and the rules adopted by the state board under section	648
3328.50 of the Revised Code.	649

(F)(E) The school shall comply with the bylaws adopted by the	650
operatorboard of trustees under section 3328.13 of the Revised	651
Code.	652

(G)(F) The school shall meet the academic goals and other	653
performance standards specified in the contract.	654

(H)(G) The school shall have a fiscal officer who meets	655
standards established for the purposes of this division by the	656
state board.	657

(H) In accordance with procedures specified in the contract,	658
the department of education shall monitor the operation, programs,	659
and facilities of the school, including conducting on-site visits	660
of the school.	661

(I) The department may take actions, as specified in the	662
contract, to resolve issues of noncompliance by the school of the	663
provisions of this chapter, the contract, the bylaws adopted by	664
the board of trustees, or rules adopted by the state board. Such	665
specified actions shall include procedures for notice of	666
noncompliance and appeal to the state board of the decisions of	667
the department.	668

(J) The state board or the operator may terminate the	669
contract in accordance with the procedures specified in the	670
contract, which shall include at least a requirement that the	671
party seeking termination give prior notice of the intent to	672
terminate the contract and a requirement that the party receiving	673
such notice be granted an opportunity to redress any grievances	674
cited in the notice prior to the termination.	675

(I)(K) If the school closes for any reason, the school's	676
board of trustees shall execute the closing in the manner	677
specified in the contract.	678

Sec. 3328.13. Each operatorThe board of trustees of aeach	679
college-preparatory boarding school established under this chapter	680
shall adopt bylaws for the oversight and operation of the school	681
that are consistent with the provisions of this chapter, the rules	682
adopted under section 3328.50 of the Revised Code, and the	683
contract between the operator and the state board of education,	684
and the charter granted to the school by the state board. The	685
bylaws shall include procedures for the appointment of future	686
members of the school's board of trustees upon expiration of the	687
terms of the initial members, whose terms of office shall be as	688
prescribed inwhich procedures shall comply with section 3328.15	689
of the Revised Code. The bylaws also shall include standards for	690
the admission of students to the school and their dismissal from	691
the school. The bylaws shall be subject to the approval of the	692
state board.	693

Sec. 3328.14. Each operatorThe board of trustees of a	694
college-preparatory boarding school established under this chapter	695
shall adopt a program of outreach to inform every city, local, and	696
exempted village school district about the school and the	697
procedures for admission to the school and for becoming a	698
participating school district.	699

Sec. 3328.15.  (A) Each college-preparatory boarding school	700
established under this chapter shall be governed by a board of	701
trustees consisting of up to twenty-five members. Five of those	702
members shall be appointed by the governor, with the advice and	703
consent of the senate. The governor's appointments may be based on	704
nonbinding recommendations made by the superintendent of public	705
instruction. TheOf the remaining members, initial members shall	706
be appointed by the school's operator and future members shall be	707
appointed pursuant to the bylaws adopted under section 3328.13 of	708
the Revised Code.	709

(B) The terms of office of the initial members shall be as	710
follows:	711

(1) Two members appointed by the governor shall serve for an	712
initial term of three years.	713

(2) Two members appointed by the governor shall serve for an	714
initial term of two years.	715

(3) One member appointed by the governor shall serve for an	716
initial term of one year.	717

(4) One-third of the members appointed pursuant toby the	718
bylawsoperator, rounded down to the nearest whole number, shall	719
serve for an initial term of three years.	720

(5) One-third of the members appointed pursuant toby the	721
bylawsoperator, rounded down to the nearest whole number, shall	722
serve for an initial term of two years.	723

(6) One-third of the members appointed pursuant toby the	724
bylawsoperator, rounded down to the nearest whole number, shall	725
serve for an initial term of one year.	726

(7) Any remaining members appointed pursuant toby the bylaws	727
operator shall serve for an initial term of one year.	728

Thereafter the terms of office of all members shall be for	729
three years.	730

The beginning date and ending date of terms of office shall	731
be as prescribed by the school's operator, unless modified in the	732
bylaws adopted under section 3328.13 of the Revised Code.	733

(C) Vacancies on the board shall be filled in the same manner	734
as the initial appointments. A member appointed to an unexpired	735
term shall serve for the remainder of that term and may be	736
reappointed subject to division (D) of this section.	737

(D) No member may serve for more than three consecutive	738
three-year terms.	739

(E) The officers of the board shall be selected by and from	740
among the members of the board.	741

(F) Compensation for the members of the board, if any, shall	742
be as prescribed in the bylaws adopted under section 3328.13 of	743
the Revised Code.	744

Sec. 3328.23.  (A) A college-preparatory boarding school	745
established under this chapter and the school's operator shall	746
comply with Chapter 3323. of the Revised Code as if the school	747
were a school district. For each child with a disability enrolled	748
in the school for whom an IEP has been developed, the school and	749
its operator shall verify in the manner prescribed by the	750
department of education that the school is providing the services	751
required under the child's IEP.	752

(B) The school district in which a child with a disability	753
enrolled in the college-preparatory boarding school is entitled to	754
attend school and the child's school district of residence, if	755
different, are not obligated to provide the student with a free	756
appropriate public education under Chapter 3323. of the Revised	757
Code for as long as the child is enrolled in the	758
college-preparatory boarding school.	759

Sec. 3328.24. A college-preparatory boarding school	760
established under this chapter, its operator, and its board of	761
trustees shall comply with sections 3301.0710, 3301.0711,	762
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	763
if the school and the operator were a school district and the	764
school's board of trustees were a district board of education.	765

Sec. 3328.34.  (A) For each child enrolled in a	766
college-preparatory boarding school, as reported under section	767
3328.31 of the Revised Code, the department of education shall pay	768
to the school the sum of the amount deducted from a participating	769
school district's account for that child under section 3328.33 of	770
the Revised Code plus the per-pupil boarding amount specified in	771
division (B) of this section.	772

(B) For the first fiscal year in which a college-preparatory	773
boarding school may be established under this chapter, the	774
"per-pupil boarding amount" is twenty-five thousand dollars. For	775
each fiscal year thereafter, that amount shall be adjusted by the	776
rate of inflation, as measured by the consumer price index (all	777
urban consumers, all items) prepared by the bureau of labor	778
statistics of the United States department of labor, for the	779
previous twelve-month period.	780

(C) The state board of education may accept funds from	781
federal and state noneducation support services programs for the	782
purpose of funding the per pupil boarding amount prescribed in	783
division (B) of this section. Notwithstanding any other provision	784
of the Revised Code, the state board shall coordinate and	785
streamline any noneducation program requirements in order to	786
eliminate redundant or conflicting requirements, licensing	787
provisions, and oversight by government programs or agencies. The	788
applicable regulatory entities shall, to the maximum extent	789
possible, use independent reports and financial audits provided by	790
the operatorauditor of state and coordinated by the department of	791
education to eliminate or reduce contract and administrative	792
reviews. Regulatory entities other than the state board may	793
suggest reasonable additional items to be included in such	794
independent reports and financial audits to meet any requirements	795
of federal law. Reporting paperwork prepared for the state board	796
shall be shared with and accepted by other state and local	797
entities to the maximum extent feasible.	798

(D)(1) Notwithstanding division (A) of this section, if, in	799
any fiscal year, the operator of a college-preparatory boarding	800
school receives federal funds for the purpose of supporting the	801
school's operations, the amount of those federal funds shall be	802
deducted from the total per-pupil boarding amount for all enrolled	803
students paid by the department to the school for that fiscal	804
year, unless the operatorschool's board of trustees and the	805
department determine otherwise in a written agreement. Any portion	806
of the total per-pupil boarding amount for all enrolled students	807
remaining after the deduction of the federal funds shall be paid	808
by the department to the school from state funds appropriated to	809
the department.	810

(2) Notwithstanding division (A) of this section, if, in any	811
fiscal year, the department receives federal funds for the purpose	812
of supporting the operations of a college-preparatory boarding	813
school, the department shall use those federal funds first, not	814
including any portion of those funds designated for	815
administration, to pay the school the total per-pupil boarding	816
amount for all enrolled students for that fiscal year. Any portion	817
of the total per-pupil boarding amount for all enrolled students	818
remaining after the use of the federal funds shall be paid by the	819
department to the school from state funds appropriated to the	820
department.	821

(3) If any federal funds are used for the purpose prescribed	822
in division (D)(1) or (2) of this section, the department shall	823
comply with all requirements upon which the acceptance of the	824
federal funds is conditioned, including any requirements set forth	825
in the funding application submitted by the operatorschool or the	826
department and, to the extent sufficient funds are appropriated by	827
the general assembly, any requirements regarding maintenance of	828
effort in expenditures.	829

Sec. 3328.36.  A college-preparatory boarding school	830
established under this chapter shall be considered a school	831
district and its board of trustees, on behalf of the school's	832
operator, shall be considered a board of education for the purpose	833
of applying to any state or federal agency for grants that a	834
school district or public school may receive under federal or	835
state law or any appropriations act of the general assembly. The	836
college-preparatory boarding school and its operator may apply to	837
any private entity to receive and accept funds.	838

Sec. 3328.41. (A) Each participating school district shall	839
be responsible for providing transportation on a weekly basis for	840
each student enrolled in a college-preparatory boarding school	841
established under this chapter who is entitled to attend school in	842
the district to and from that college-preparatory boarding school.	843

The district may provide the transportation itself, contract	844
with another entity to provide the transportation, or enter into	845
an agreement with the board of trustees of the college-preparatory	846
boarding school under which the board will provide the	847
transportation and the district will pay the board an amount	848
specified in the agreement for that provision.	849

(B) Transportation provided under this section is subject to	850
all provisions of the Revised Code, and all rules adopted under	851
the Revised Code, pertaining to the construction, design,	852
equipment, and operation of school buses and other vehicles	853
transporting students to and from school. The drivers and	854
mechanics of the vehicles are subject to all provisions of the	855
Revised Code, and all rules adopted under the Revised Code,	856
pertaining to drivers and mechanics of such vehicles.	857

Section 2.  That existing sections 3311.05, 3311.0510,	858
3313.376, 3313.843, 3317.11, 3318.60, 3319.07, 3326.45, 3328.01,	859
3328.02, 3328.12, 3328.13, 3328.14, 3328.15, 3328.23, 3328.24,	860
3328.34, 3328.36, and 3328.41 of the Revised Code are hereby	861
repealed.	862

Section 3. (A) The board of education of each local school	863
district that is required to enter into an agreement with the	864
governing board of an educational service center under division	865
(B)(1) of section 3313.843 of the Revised Code shall enter into	866
such an agreement in accordance with that section by June 30,	867
2012, regardless of whether the district has previously received	868
services from that service center without an agreement. The board	869
of education of each local school district that elects to enter	870
into an agreement with the governing board of an educational	871
service center under division (B)(2) of section 3313.843 of the	872
Revised Code shall enter into such an agreement in accordance with	873
that section by June 30, 2012, regardless of whether the district	874
has previously received services from that service center without	875
an agreement.	876

(B) If the board of education of a local school district	877
intends to change the educational service center to which payments	878
are made under divisions (B) and (C) of section 3317.11 of the	879
Revised Code for the 2012-2013 school year, the district board, by	880
March 1, 2012, shall notify the governing board of the service	881
center to which payments are currently made that the district will	882
stop receiving services from that service center effective June	883
30, 2012. This requirement applies regardless of whether the	884
district board had entered into an agreement with the service	885
center governing board under section 3313.843 of the Revised Code	886
for the services it received in the 2011-2012 school year.	887

Section 4.  Notwithstanding the amendments to section 3317.11	888
of the Revised Code by this act, the Department of Education,	889
through June 30, 2012, shall make payments to educational service	890
centers in accordance with that section as it existed prior to the	891
effective date of this section.	892

Section 5.  This act is hereby declared to be an emergency	893
measure necessary for the immediate preservation of the public	894
peace, health, and safety. The reason for such necessity is that	895
finalization of service agreements between educational service	896
centers and school districts will enable the service centers to	897
plan their resource levels and avoid interruptions in funding.	898
Therefore, this act shall go into immediate effect.	899