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To amend sections 2151.011, 3306.01, 3313.48, | 1 |
3313.533, 3313.62, 3314.03, 3317.01, 3321.05, and | 2 |
3326.11; to enact new section 3313.481 and section | 3 |
3313.621; and to repeal sections 3313.481 and | 4 |
3313.482 of the Revised Code to establish a | 5 |
minimum school year for school districts, STEM | 6 |
schools, and chartered nonpublic schools based on | 7 |
hours, rather than days, of instruction and to | 8 |
prohibit public schools from being open for | 9 |
instruction prior to Labor Day or after Memorial | 10 |
Day except in specified circumstances. | 11 |
Section 1. That sections 2151.011, 3306.01, 3313.48, | 12 |
3313.533, 3313.62, 3314.03, 3317.01, 3321.05, and 3326.11 be | 13 |
amended and new section 3313.481 and section 3313.621 of the | 14 |
Revised Code be enacted to read as follows: | 15 |
Sec. 2151.011. (A) As used in the Revised Code: | 16 |
(1) "Juvenile court" means whichever of the following is | 17 |
applicable that has jurisdiction under this chapter and Chapter | 18 |
2152. of the Revised Code: | 19 |
(a) The division of the court of common pleas specified in | 20 |
section 2101.022 or 2301.03 of the Revised Code as having | 21 |
jurisdiction under this chapter and Chapter 2152. of the Revised | 22 |
Code or as being the juvenile division or the juvenile division | 23 |
combined with one or more other divisions; | 24 |
(b) The juvenile court of Cuyahoga county or Hamilton county | 25 |
that is separately and independently created by section 2151.08 or | 26 |
Chapter 2153. of the Revised Code and that has jurisdiction under | 27 |
this chapter and Chapter 2152. of the Revised Code; | 28 |
(c) If division (A)(1)(a) or (b) of this section does not | 29 |
apply, the probate division of the court of common pleas. | 30 |
(2) "Juvenile judge" means a judge of a court having | 31 |
jurisdiction under this chapter. | 32 |
(3) "Private child placing agency" means any association, as | 33 |
defined in section 5103.02 of the Revised Code, that is certified | 34 |
under section 5103.03 of the Revised Code to accept temporary, | 35 |
permanent, or legal custody of children and place the children for | 36 |
either foster care or adoption. | 37 |
(4) "Private noncustodial agency" means any person, | 38 |
organization, association, or society certified by the department | 39 |
of job and family services that does not accept temporary or | 40 |
permanent legal custody of children, that is privately operated in | 41 |
this state, and that does one or more of the following: | 42 |
(a) Receives and cares for children for two or more | 43 |
consecutive weeks; | 44 |
(b) Participates in the placement of children in certified | 45 |
foster homes; | 46 |
(c) Provides adoption services in conjunction with a public | 47 |
children services agency or private child placing agency. | 48 |
(B) As used in this chapter: | 49 |
(1) "Adequate parental care" means the provision by a child's | 50 |
parent or parents, guardian, or custodian of adequate food, | 51 |
clothing, and shelter to ensure the child's health and physical | 52 |
safety and the provision by a child's parent or parents of | 53 |
specialized services warranted by the child's physical or mental | 54 |
needs. | 55 |
(2) "Adult" means an individual who is eighteen years of age | 56 |
or older. | 57 |
(3) "Agreement for temporary custody" means a voluntary | 58 |
agreement authorized by section 5103.15 of the Revised Code that | 59 |
transfers the temporary custody of a child to a public children | 60 |
services agency or a private child placing agency. | 61 |
(4) "Certified foster home" means a foster home, as defined | 62 |
in section 5103.02 of the Revised Code, certified under section | 63 |
5103.03 of the Revised Code. | 64 |
(5) "Child" means a person who is under eighteen years of | 65 |
age, except that the juvenile court has jurisdiction over any | 66 |
person who is adjudicated an unruly child prior to attaining | 67 |
eighteen years of age until the person attains twenty-one years of | 68 |
age, and, for purposes of that jurisdiction related to that | 69 |
adjudication, a person who is so adjudicated an unruly child shall | 70 |
be deemed a "child" until the person attains twenty-one years of | 71 |
age. | 72 |
(6) "Child day camp," "child care," "child day-care center," | 73 |
"part-time child day-care center," "type A family day-care home," | 74 |
"certified type B family day-care home," "type B home," | 75 |
"administrator of a child day-care center," "administrator of a | 76 |
type A family day-care home," "in-home aide," and "authorized | 77 |
provider" have the same meanings as in section 5104.01 of the | 78 |
Revised Code. | 79 |
(7) "Child care provider" means an individual who is a | 80 |
child-care staff member or administrator of a child day-care | 81 |
center, a type A family day-care home, or a type B family day-care | 82 |
home, or an in-home aide or an individual who is licensed, is | 83 |
regulated, is approved, operates under the direction of, or | 84 |
otherwise is certified by the department of job and family | 85 |
services, department of developmental disabilities, or the early | 86 |
childhood programs of the department of education. | 87 |
(8) "Chronic truant" has the same meaning as in section | 88 |
2152.02 of the Revised Code. | 89 |
(9) "Commit" means to vest custody as ordered by the court. | 90 |
(10) "Counseling" includes both of the following: | 91 |
(a) General counseling services performed by a public | 92 |
children services agency or shelter for victims of domestic | 93 |
violence to assist a child, a child's parents, and a child's | 94 |
siblings in alleviating identified problems that may cause or have | 95 |
caused the child to be an abused, neglected, or dependent child. | 96 |
(b) Psychiatric or psychological therapeutic counseling | 97 |
services provided to correct or alleviate any mental or emotional | 98 |
illness or disorder and performed by a licensed psychiatrist, | 99 |
licensed psychologist, or a person licensed under Chapter 4757. of | 100 |
the Revised Code to engage in social work or professional | 101 |
counseling. | 102 |
(11) "Custodian" means a person who has legal custody of a | 103 |
child or a public children services agency or private child | 104 |
placing agency that has permanent, temporary, or legal custody of | 105 |
a child. | 106 |
(12) "Delinquent child" has the same meaning as in section | 107 |
2152.02 of the Revised Code. | 108 |
(13) "Detention" means the temporary care of children pending | 109 |
court adjudication or disposition, or execution of a court order, | 110 |
in a public or private facility designed to physically restrict | 111 |
the movement and activities of children. | 112 |
(14) "Developmental disability" has the same meaning as in | 113 |
section 5123.01 of the Revised Code. | 114 |
(15) "Foster caregiver" has the same meaning as in section | 115 |
5103.02 of the Revised Code. | 116 |
(16) "Guardian" means a person, association, or corporation | 117 |
that is granted authority by a probate court pursuant to Chapter | 118 |
2111. of the Revised Code to exercise parental rights over a child | 119 |
to the extent provided in the court's order and subject to the | 120 |
residual parental rights of the child's parents. | 121 |
(17) "Habitual truant" means any child of compulsory school | 122 |
age who is absent without legitimate excuse for absence from the | 123 |
public school the child is supposed to attend for five or more | 124 |
consecutive school days, seven or more school days in one school | 125 |
month, or twelve or more school days in a school year. | 126 |
(18) "Juvenile traffic offender" has the same meaning as in | 127 |
section 2152.02 of the Revised Code. | 128 |
(19) "Legal custody" means a legal status that vests in the | 129 |
custodian the right to have physical care and control of the child | 130 |
and to determine where and with whom the child shall live, and the | 131 |
right and duty to protect, train, and discipline the child and to | 132 |
provide the child with food, shelter, education, and medical care, | 133 |
all subject to any residual parental rights, privileges, and | 134 |
responsibilities. An individual granted legal custody shall | 135 |
exercise the rights and responsibilities personally unless | 136 |
otherwise authorized by any section of the Revised Code or by the | 137 |
court. | 138 |
(20) A "legitimate excuse for absence from the public school | 139 |
the child is supposed to attend" includes, but is not limited to, | 140 |
any of the following: | 141 |
(a) The fact that the child in question has enrolled in and | 142 |
is attending another public or nonpublic school in this or another | 143 |
state; | 144 |
(b) The fact that the child in question is excused from | 145 |
attendance at school for any of the reasons specified in section | 146 |
3321.04 of the Revised Code; | 147 |
(c) The fact that the child in question has received an age | 148 |
and schooling certificate in accordance with section 3331.01 of | 149 |
the Revised Code. | 150 |
(21) "Mental illness" and "mentally ill person subject to | 151 |
hospitalization by court order" have the same meanings as in | 152 |
section 5122.01 of the Revised Code. | 153 |
(22) "Mental injury" means any behavioral, cognitive, | 154 |
emotional, or mental disorder in a child caused by an act or | 155 |
omission that is described in section 2919.22 of the Revised Code | 156 |
and is committed by the parent or other person responsible for the | 157 |
child's care. | 158 |
(23) "Mentally retarded person" has the same meaning as in | 159 |
section 5123.01 of the Revised Code. | 160 |
(24) "Nonsecure care, supervision, or training" means care, | 161 |
supervision, or training of a child in a facility that does not | 162 |
confine or prevent movement of the child within the facility or | 163 |
from the facility. | 164 |
(25) "Of compulsory school age" has the same meaning as in | 165 |
section 3321.01 of the Revised Code. | 166 |
(26) "Organization" means any institution, public, | 167 |
semipublic, or private, and any private association, society, or | 168 |
agency located or operating in the state, incorporated or | 169 |
unincorporated, having among its functions the furnishing of | 170 |
protective services or care for children, or the placement of | 171 |
children in certified foster homes or elsewhere. | 172 |
(27) "Out-of-home care" means detention facilities, shelter | 173 |
facilities, certified children's crisis care facilities, certified | 174 |
foster homes, placement in a prospective adoptive home prior to | 175 |
the issuance of a final decree of adoption, organizations, | 176 |
certified organizations, child day-care centers, type A family | 177 |
day-care homes, child care provided by type B family day-care home | 178 |
providers and by in-home aides, group home providers, group homes, | 179 |
institutions, state institutions, residential facilities, | 180 |
residential care facilities, residential camps, day camps, public | 181 |
schools, chartered nonpublic schools, educational service centers, | 182 |
hospitals, and medical clinics that are responsible for the care, | 183 |
physical custody, or control of children. | 184 |
(28) "Out-of-home care child abuse" means any of the | 185 |
following when committed by a person responsible for the care of a | 186 |
child in out-of-home care: | 187 |
(a) Engaging in sexual activity with a child in the person's | 188 |
care; | 189 |
(b) Denial to a child, as a means of punishment, of proper or | 190 |
necessary subsistence, education, medical care, or other care | 191 |
necessary for a child's health; | 192 |
(c) Use of restraint procedures on a child that cause injury | 193 |
or pain; | 194 |
(d) Administration of prescription drugs or psychotropic | 195 |
medication to the child without the written approval and ongoing | 196 |
supervision of a licensed physician; | 197 |
(e) Commission of any act, other than by accidental means, | 198 |
that results in any injury to or death of the child in out-of-home | 199 |
care or commission of any act by accidental means that results in | 200 |
an injury to or death of a child in out-of-home care and that is | 201 |
at variance with the history given of the injury or death. | 202 |
(29) "Out-of-home care child neglect" means any of the | 203 |
following when committed by a person responsible for the care of a | 204 |
child in out-of-home care: | 205 |
(a) Failure to provide reasonable supervision according to | 206 |
the standards of care appropriate to the age, mental and physical | 207 |
condition, or other special needs of the child; | 208 |
(b) Failure to provide reasonable supervision according to | 209 |
the standards of care appropriate to the age, mental and physical | 210 |
condition, or other special needs of the child, that results in | 211 |
sexual or physical abuse of the child by any person; | 212 |
(c) Failure to develop a process for all of the following: | 213 |
(i) Administration of prescription drugs or psychotropic | 214 |
drugs for the child; | 215 |
(ii) Assuring that the instructions of the licensed physician | 216 |
who prescribed a drug for the child are followed; | 217 |
(iii) Reporting to the licensed physician who prescribed the | 218 |
drug all unfavorable or dangerous side effects from the use of the | 219 |
drug. | 220 |
(d) Failure to provide proper or necessary subsistence, | 221 |
education, medical care, or other individualized care necessary | 222 |
for the health or well-being of the child; | 223 |
(e) Confinement of the child to a locked room without | 224 |
monitoring by staff; | 225 |
(f) Failure to provide ongoing security for all prescription | 226 |
and nonprescription medication; | 227 |
(g) Isolation of a child for a period of time when there is | 228 |
substantial risk that the isolation, if continued, will impair or | 229 |
retard the mental health or physical well-being of the child. | 230 |
(30) "Permanent custody" means a legal status that vests in a | 231 |
public children services agency or a private child placing agency, | 232 |
all parental rights, duties, and obligations, including the right | 233 |
to consent to adoption, and divests the natural parents or | 234 |
adoptive parents of all parental rights, privileges, and | 235 |
obligations, including all residual rights and obligations. | 236 |
(31) "Permanent surrender" means the act of the parents or, | 237 |
if a child has only one parent, of the parent of a child, by a | 238 |
voluntary agreement authorized by section 5103.15 of the Revised | 239 |
Code, to transfer the permanent custody of the child to a public | 240 |
children services agency or a private child placing agency. | 241 |
(32) "Person" means an individual, association, corporation, | 242 |
or partnership and the state or any of its political subdivisions, | 243 |
departments, or agencies. | 244 |
(33) "Person responsible for a child's care in out-of-home | 245 |
care" means any of the following: | 246 |
(a) Any foster caregiver, in-home aide, or provider; | 247 |
(b) Any administrator, employee, or agent of any of the | 248 |
following: a public or private detention facility; shelter | 249 |
facility; certified children's crisis care facility; organization; | 250 |
certified organization; child day-care center; type A family | 251 |
day-care home; certified type B family day-care home; group home; | 252 |
institution; state institution; residential facility; residential | 253 |
care facility; residential camp; day camp; school district; | 254 |
community school; chartered nonpublic school; educational service | 255 |
center; hospital; or medical clinic; | 256 |
(c) Any person who supervises or coaches children as part of | 257 |
an extracurricular activity sponsored by a school district, public | 258 |
school, or chartered nonpublic school; | 259 |
(d) Any other person who performs a similar function with | 260 |
respect to, or has a similar relationship to, children. | 261 |
(34) "Physically impaired" means having one or more of the | 262 |
following conditions that substantially limit one or more of an | 263 |
individual's major life activities, including self-care, receptive | 264 |
and expressive language, learning, mobility, and self-direction: | 265 |
(a) A substantial impairment of vision, speech, or hearing; | 266 |
(b) A congenital orthopedic impairment; | 267 |
(c) An orthopedic impairment caused by disease, rheumatic | 268 |
fever or any other similar chronic or acute health problem, or | 269 |
amputation or another similar cause. | 270 |
(35) "Placement for adoption" means the arrangement by a | 271 |
public children services agency or a private child placing agency | 272 |
with a person for the care and adoption by that person of a child | 273 |
of whom the agency has permanent custody. | 274 |
(36) "Placement in foster care" means the arrangement by a | 275 |
public children services agency or a private child placing agency | 276 |
for the out-of-home care of a child of whom the agency has | 277 |
temporary custody or permanent custody. | 278 |
(37) "Planned permanent living arrangement" means an order of | 279 |
a juvenile court pursuant to which both of the following apply: | 280 |
(a) The court gives legal custody of a child to a public | 281 |
children services agency or a private child placing agency without | 282 |
the termination of parental rights. | 283 |
(b) The order permits the agency to make an appropriate | 284 |
placement of the child and to enter into a written agreement with | 285 |
a foster care provider or with another person or agency with whom | 286 |
the child is placed. | 287 |
(38) "Practice of social work" and "practice of professional | 288 |
counseling" have the same meanings as in section 4757.01 of the | 289 |
Revised Code. | 290 |
(39) "Sanction, service, or condition" means a sanction, | 291 |
service, or condition created by court order following an | 292 |
adjudication that a child is an unruly child that is described in | 293 |
division (A)(4) of section 2152.19 of the Revised Code. | 294 |
(40) "Protective supervision" means an order of disposition | 295 |
pursuant to which the court permits an abused, neglected, | 296 |
dependent, or unruly child to remain in the custody of the child's | 297 |
parents, guardian, or custodian and stay in the child's home, | 298 |
subject to any conditions and limitations upon the child, the | 299 |
child's parents, guardian, or custodian, or any other person that | 300 |
the court prescribes, including supervision as directed by the | 301 |
court for the protection of the child. | 302 |
(41) "Psychiatrist" has the same meaning as in section | 303 |
5122.01 of the Revised Code. | 304 |
(42) "Psychologist" has the same meaning as in section | 305 |
4732.01 of the Revised Code. | 306 |
(43) "Residential camp" means a program in which the care, | 307 |
physical custody, or control of children is accepted overnight for | 308 |
recreational or recreational and educational purposes. | 309 |
(44) "Residential care facility" means an institution, | 310 |
residence, or facility that is licensed by the department of | 311 |
mental health under section 5119.22 of the Revised Code and that | 312 |
provides care for a child. | 313 |
(45) "Residential facility" means a home or facility that is | 314 |
licensed by the department of developmental disabilities under | 315 |
section 5123.19 of the Revised Code and in which a child with a | 316 |
developmental disability resides. | 317 |
(46) "Residual parental rights, privileges, and | 318 |
responsibilities" means those rights, privileges, and | 319 |
responsibilities remaining with the natural parent after the | 320 |
transfer of legal custody of the child, including, but not | 321 |
necessarily limited to, the privilege of reasonable visitation, | 322 |
consent to adoption, the privilege to determine the child's | 323 |
religious affiliation, and the responsibility for support. | 324 |
(47) "School day" means the school day established by the | 325 |
326 | |
pursuant to section | 327 |
(48) "School | 328 |
329 |
(49) "Secure correctional facility" means a facility under | 330 |
the direction of the department of youth services that is designed | 331 |
to physically restrict the movement and activities of children and | 332 |
used for the placement of children after adjudication and | 333 |
disposition. | 334 |
(50) "Sexual activity" has the same meaning as in section | 335 |
2907.01 of the Revised Code. | 336 |
(51) "Shelter" means the temporary care of children in | 337 |
physically unrestricted facilities pending court adjudication or | 338 |
disposition. | 339 |
(52) "Shelter for victims of domestic violence" has the same | 340 |
meaning as in section 3113.33 of the Revised Code. | 341 |
(53) "Temporary custody" means legal custody of a child who | 342 |
is removed from the child's home, which custody may be terminated | 343 |
at any time at the discretion of the court or, if the legal | 344 |
custody is granted in an agreement for temporary custody, by the | 345 |
person who executed the agreement. | 346 |
(C) For the purposes of this chapter, a child shall be | 347 |
presumed abandoned when the parents of the child have failed to | 348 |
visit or maintain contact with the child for more than ninety | 349 |
days, regardless of whether the parents resume contact with the | 350 |
child after that period of ninety days. | 351 |
Sec. 3306.01. This chapter shall be administered by the | 352 |
state board of education. The superintendent of public instruction | 353 |
shall calculate the amounts payable to each school district and | 354 |
shall certify the amounts payable to each eligible district to the | 355 |
treasurer of the district as determined under this chapter. As | 356 |
soon as possible after such amounts are calculated, the | 357 |
superintendent shall certify to the treasurer of each school | 358 |
district the district's adjusted charge-off increase, as defined | 359 |
in section 5705.211 of the Revised Code. No moneys shall be | 360 |
distributed pursuant to this chapter without the approval of the | 361 |
controlling board. | 362 |
The state board of education shall, in accordance with | 363 |
appropriations made by the general assembly, meet the financial | 364 |
obligations of this chapter. | 365 |
Annually, the department of education shall calculate and | 366 |
report to each school district the district's adequacy amount | 367 |
utilizing the calculations in sections 3306.03 and 3306.13 of the | 368 |
Revised Code. The department shall calculate and report separately | 369 |
for each school district the district's total state and local | 370 |
funds for its students with disabilities, utilizing the | 371 |
calculations in sections 3306.05, 3306.11, and 3306.13 of the | 372 |
Revised Code. The department shall calculate and report separately | 373 |
for each school district the amount of funding calculated for each | 374 |
factor of the district's adequacy amount. | 375 |
Not later than the thirty-first day of August of each fiscal | 376 |
year, the department of education shall provide to each school | 377 |
district a preliminary estimate of the amount of funding that the | 378 |
department calculates the district will receive under section | 379 |
3306.13 of the Revised Code. Not later than the first day of | 380 |
December of each fiscal year, the department shall update that | 381 |
preliminary estimate. | 382 |
Moneys distributed pursuant to this chapter shall be | 383 |
calculated and paid on a fiscal year basis, beginning with the | 384 |
first day of July and extending through the thirtieth day of June. | 385 |
Unless otherwise provided, the moneys appropriated for each fiscal | 386 |
year shall be distributed at least monthly to each school | 387 |
district. The state board shall submit a yearly distribution plan | 388 |
to the controlling board at its first meeting in July. The state | 389 |
board shall submit any proposed midyear revision of the plan to | 390 |
the controlling board in January. Any year-end revision of the | 391 |
plan shall be submitted to the controlling board in June. If | 392 |
moneys appropriated for each fiscal year are distributed other | 393 |
than monthly, such distribution shall be on the same basis for | 394 |
each school district. | 395 |
The total amounts paid each month shall constitute, as nearly | 396 |
as possible, one-twelfth of the total amount payable for the | 397 |
entire year. | 398 |
Payments shall be calculated to reflect the reporting of | 399 |
formula ADM. Annualized periodic payments for each school district | 400 |
shall be based on the district's final student counts verified by | 401 |
the superintendent of public instruction based on reports under | 402 |
section 3317.03 of the Revised Code, as adjusted, if so ordered, | 403 |
under division (K) of that section. | 404 |
(A) Except as otherwise provided, payments under this chapter | 405 |
shall be made only to those school districts that comply with | 406 |
divisions (A)(1) to (3) of this section. | 407 |
(1) Each city, exempted village, and local school district | 408 |
shall levy for current operating expenses at least twenty mills. | 409 |
Levies for joint vocational or cooperative education school | 410 |
districts or county school financing districts, limited to or to | 411 |
the extent apportioned to current expenses, shall be included in | 412 |
this qualification requirement. School district income tax levies | 413 |
under Chapter 5748. of the Revised Code, limited to or to the | 414 |
extent apportioned to current operating expenses, shall be | 415 |
included in this qualification requirement to the extent | 416 |
determined by the tax commissioner under division (D) of section | 417 |
3317.021 of the Revised Code. | 418 |
(2) Each city, exempted village, local, and joint vocational | 419 |
school district, during the school year next preceding the fiscal | 420 |
year for which payments are calculated under this chapter, shall | 421 |
meet both the requirement of section 3313.48 | 422 |
Revised Code, with regard to the minimum number of | 423 |
school must be open for instruction with pupils in attendance, for | 424 |
individualized parent-teacher conference and reporting periods, | 425 |
and for professional meetings of teachers, and the requirement of | 426 |
section 3313.621 of the Revised Code, with regard to the first day | 427 |
and the last day of the school year on which a school may be open | 428 |
for instruction. | 429 |
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A school district shall not be considered to have failed to | 437 |
comply with this division | 438 |
because schools were open for instruction but either twelfth grade | 439 |
students were excused from attendance for up to | 440 |
and one-half hours or only a portion of the kindergarten students | 441 |
were in attendance for up to | 442 |
of students attending all-day kindergarten, and seven and one-half | 443 |
hours, in the case of students attending half-day kindergarten, in | 444 |
order to allow for the gradual orientation to school of such | 445 |
students. | 446 |
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(3) Each city, exempted village, local, and joint vocational | 463 |
school district shall have on file, and shall pay in accordance | 464 |
with, a teachers' salary schedule which complies with section | 465 |
3317.13 of the Revised Code. | 466 |
(B) A school district board of education or educational | 467 |
service center governing board that has not conformed with other | 468 |
law, and the rules pursuant thereto, shall not participate in the | 469 |
distribution of funds authorized by this chapter, except for good | 470 |
and sufficient reason established to the satisfaction of the state | 471 |
board of education and the state controlling board. | 472 |
(C) All funds allocated to school districts under this | 473 |
chapter, except those specifically allocated for other purposes, | 474 |
shall be used only to pay current operating expenses or for either | 475 |
of the following purposes: | 476 |
(1) The modification or purchase of classroom space to | 477 |
provide all-day kindergarten as required by section 3321.05 of the | 478 |
Revised Code, provided the district certifies its shortage of | 479 |
space for providing all-day kindergarten to the department of | 480 |
education, in a manner specified by the department; | 481 |
(2) The modification or purchase of classroom space to reduce | 482 |
class sizes in grades kindergarten through three to attain the | 483 |
goal of fifteen students per core teacher, provided the district | 484 |
certifies its need for additional classroom space to the | 485 |
department, in a manner specified by the department. | 486 |
(D) On or before the last day of each month, the department | 487 |
of education shall certify to the director of budget and | 488 |
management for payment, for each county: | 489 |
(1)(a) That portion of the allocation of money under section | 490 |
3306.13 of the Revised Code that is required to be paid in that | 491 |
month to each school district located wholly within the county | 492 |
subsequent to the deductions described in division (D)(1)(b) of | 493 |
this section; | 494 |
(b) The amounts deducted from such allocation under sections | 495 |
3307.31 and 3309.51 of the Revised Code for payment directly to | 496 |
the school employees and state teachers retirement systems under | 497 |
such sections. | 498 |
(2) If the district is located in more than one county, an | 499 |
apportionment of the amounts that would otherwise be certified | 500 |
under division (D)(1) of this section. The amounts apportioned to | 501 |
the county shall equal the amounts certified under division (D)(1) | 502 |
of this section times the percentage of the district's resident | 503 |
pupils who reside both in the district and in the county, based on | 504 |
the average daily membership reported under division (A) of | 505 |
section 3317.03 of the Revised Code in October of the prior fiscal | 506 |
year. | 507 |
Sec. 3313.48. (A) The board of education of each city, | 508 |
exempted village, local, and joint vocational school district | 509 |
shall provide for the free education of the youth of school age | 510 |
within the district under its jurisdiction, at such places as will | 511 |
be most convenient for the attendance of the largest number | 512 |
thereof. | 513 |
514 | |
school shall be open for instruction with pupils in attendance, | 515 |
including scheduled classes, supervised activities, and approved | 516 |
education options but excluding lunch and breakfast periods and | 517 |
extracurricular activities, for not less than | 518 |
519 | |
kindergarten unless such pupils are provided all-day kindergarten, | 520 |
as defined in section 3321.05 of the Revised Code, in which case | 521 |
the pupils shall be in attendance for nine hundred sixty hours; | 522 |
nine hundred sixty hours in the case of pupils in grades one | 523 |
through six; and one thousand fifty hours in the case of pupils in | 524 |
grades seven through twelve in each school year, which may include | 525 |
all of the following: | 526 |
| 527 |
528 | |
529 | |
through six and up to eleven hours per year in grades seven | 530 |
through twelve during which pupils would otherwise be in | 531 |
attendance but are not required to attend for the purpose of | 532 |
individualized parent-teacher conferences and reporting periods; | 533 |
| 534 |
would otherwise be in attendance but are not required to attend | 535 |
for professional meetings of teachers
| 536 |
537 | |
kindergarten through six, and up to eleven hours per year for such | 538 |
meetings of teachers of grades seven through twelve; | 539 |
| 540 |
541 | |
542 | |
fifteen minutes duration per period for pupils in grades | 543 |
kindergarten through six. | 544 |
| 545 |
546 | |
547 |
| 548 |
549 | |
550 | |
551 | |
552 | |
553 | |
554 | |
555 | |
556 | |
557 |
(B) No school operated by a city, exempted village, local, or | 558 |
joint vocational school district shall reduce the number of hours | 559 |
in each school year that the school is scheduled to be open for | 560 |
instruction from the number of hours per year the school was open | 561 |
for instruction during the previous school year unless the | 562 |
reduction is approved by a resolution adopted by the district | 563 |
board of education. Any reduction so approved shall not result in | 564 |
fewer hours of instruction per school year than the applicable | 565 |
number of hours required under division (A) of this section. | 566 |
(C) Prior to making any change in the hours or days in which | 567 |
a high school under its jurisdiction is open for instruction, the | 568 |
board of education of each city, exempted village, and local | 569 |
school district shall consider the compatibility of the proposed | 570 |
change with the scheduling needs of any joint vocational school | 571 |
district in which any of the high school's students are also | 572 |
enrolled. The board shall consider the impact of the proposed | 573 |
change on student access to the instructional programs offered by | 574 |
the joint vocational school district, incentives for students to | 575 |
participate in vocational education, transportation, and the | 576 |
timing of graduation. The board shall provide the joint vocational | 577 |
school district board with advance notice of the proposed change | 578 |
and the two boards shall enter into a written agreement | 579 |
prescribing reasonable accommodations to meet the scheduling needs | 580 |
of the joint vocational school district prior to implementation of | 581 |
the change. | 582 |
(D) Prior to making any change in the hours or days in which | 583 |
the schools under its jurisdiction are open for instruction, the | 584 |
board of education of each city, exempted village, and local | 585 |
school district shall consult with the chartered nonpublic schools | 586 |
and community schools, established under Chapter 3314. of the | 587 |
Revised Code, to which the district is required to transport | 588 |
students under section 3314.09 or 3327.01 of the Revised Code and | 589 |
shall consider the effect of the proposed change on the schedule | 590 |
for transportation of those students to their nonpublic or | 591 |
community schools. | 592 |
Sec. 3313.481. Wherever in Title XXXIII of the Revised Code | 593 |
the term "school day" is used, unless otherwise specified, that | 594 |
term shall be construed to mean the time during a calendar day | 595 |
that a school is open for instruction pursuant to the schedule | 596 |
adopted by the board of education of the school district or the | 597 |
governing authority of the chartered nonpublic school in | 598 |
accordance with section 3313.48 of the Revised Code. | 599 |
Sec. 3313.533. (A) The board of education of a city, | 600 |
exempted village, or local school district may adopt a resolution | 601 |
to establish and maintain an alternative school in accordance with | 602 |
this section. The resolution shall specify, but not necessarily be | 603 |
limited to, all of the following: | 604 |
(1) The purpose of the school, which purpose shall be to | 605 |
serve students who are on suspension, who are having truancy | 606 |
problems, who are experiencing academic failure, who have a | 607 |
history of class disruption, who are exhibiting other academic or | 608 |
behavioral problems specified in the resolution, or who have been | 609 |
discharged or released from the custody of the department of youth | 610 |
services under section 5139.51 of the Revised Code; | 611 |
(2) The grades served by the school, which may include any of | 612 |
grades kindergarten through twelve; | 613 |
(3) A requirement that the school be operated in accordance | 614 |
with this section. The board of education adopting the resolution | 615 |
under division (A) of this section shall be the governing board of | 616 |
the alternative school. The board shall develop and implement a | 617 |
plan for the school in accordance with the resolution establishing | 618 |
the school and in accordance with this section. Each plan shall | 619 |
include, but not necessarily be limited to, all of the following: | 620 |
(a) Specification of the reasons for which students will be | 621 |
accepted for assignment to the school and any criteria for | 622 |
admission that are to be used by the board to approve or | 623 |
disapprove the assignment of students to the school; | 624 |
(b) Specification of the criteria and procedures that will be | 625 |
used for returning students who have been assigned to the school | 626 |
back to the regular education program of the district; | 627 |
(c) An evaluation plan for assessing the effectiveness of the | 628 |
school and its educational program and reporting the results of | 629 |
the evaluation to the public. | 630 |
(B) Notwithstanding any provision of Title XXXIII of the | 631 |
Revised Code to the contrary, the alternative school plan may | 632 |
include any of the following: | 633 |
(1) A requirement that on each school day students must | 634 |
attend school or participate in other programs specified in the | 635 |
plan or by the chief administrative officer of the school for a | 636 |
period equal to the minimum school day set by the | 637 |
education under section 3313.48 of the Revised Code plus any | 638 |
additional time required in the plan or by the chief | 639 |
administrative officer; | 640 |
(2) Restrictions on student participation in extracurricular | 641 |
or interscholastic activities; | 642 |
(3) A requirement that students wear uniforms prescribed by | 643 |
the district board of education. | 644 |
(C) In accordance with the alternative school plan, the | 645 |
district board of education may employ teachers and nonteaching | 646 |
employees necessary to carry out its duties and fulfill its | 647 |
responsibilities or may contract with a nonprofit or for profit | 648 |
entity to operate the alternative school, including the provision | 649 |
of personnel, supplies, equipment, or facilities. | 650 |
(D) An alternative school may be established in all or part | 651 |
of a school building. | 652 |
(E) If a district board of education elects under this | 653 |
section, or is required by section 3313.534 of the Revised Code, | 654 |
to establish an alternative school, the district board may join | 655 |
with the board of education of one or more other districts to form | 656 |
a joint alternative school by forming a cooperative education | 657 |
school district under section 3311.52 or 3311.521 of the Revised | 658 |
Code, or a joint educational program under section 3313.842 of the | 659 |
Revised Code. The authority to employ personnel or to contract | 660 |
with a nonprofit or for profit entity under division (C) of this | 661 |
section applies to any alternative school program established | 662 |
under this division. | 663 |
(F) Any individual employed as a teacher at an alternative | 664 |
school operated by a nonprofit or for profit entity under this | 665 |
section shall be licensed and shall be subject to background | 666 |
checks, as described in section 3319.39 of the Revised Code, in | 667 |
the same manner as an individual employed by a school district. | 668 |
(G) Division (G) of this section applies only to any | 669 |
alternative school that is operated by a nonprofit or for profit | 670 |
entity under contract with the school district. | 671 |
(1) In addition to the specifications authorized under | 672 |
division (B) of this section, any plan adopted under that division | 673 |
for an alternative school to which division (G) of this section | 674 |
also applies shall include the following: | 675 |
(a) A description of the educational program provided at the | 676 |
alternative school, which shall include: | 677 |
(i) Provisions for the school to be configured in clusters or | 678 |
small learning communities; | 679 |
(ii) Provisions for the incorporation of education technology | 680 |
into the curriculum; | 681 |
(iii) Provisions for accelerated learning programs in reading | 682 |
and mathematics. | 683 |
(b) A method to determine the reading and mathematics level | 684 |
of each student assigned to the alternative school and a method to | 685 |
continuously monitor each student's progress in those areas. The | 686 |
methods employed under this division shall be aligned with the | 687 |
curriculum adopted by the school district board of education under | 688 |
section 3313.60 of the Revised Code. | 689 |
(c) A plan for social services to be provided at the | 690 |
alternative school, such as, but not limited to, counseling | 691 |
services, psychological support services, and enrichment programs; | 692 |
(d) A plan for a student's transition from the alternative | 693 |
school back to a school operated by the school district; | 694 |
(e) A requirement that the alternative school maintain | 695 |
financial records in a manner that is compatible with the form | 696 |
prescribed for school districts by the auditor of state to enable | 697 |
the district to comply with any rules adopted by the auditor of | 698 |
state. | 699 |
(2) Notwithstanding division (A)(2) of this section, any | 700 |
alternative school to which division (G) of this section applies | 701 |
shall include only grades six through twelve. | 702 |
(3) Notwithstanding anything in division (A)(3)(a) of this | 703 |
section to the contrary, the characteristics of students who may | 704 |
be assigned to an alternative school to which division (G) of this | 705 |
section applies shall include only disruptive and low-performing | 706 |
students. | 707 |
(H) When any district board of education determines to | 708 |
contract with a nonprofit or for profit entity to operate an | 709 |
alternative school under this section, the board shall use the | 710 |
procedure set forth in this division. | 711 |
(1) The board shall publish notice of a request for proposals | 712 |
in a newspaper of general circulation in the district once each | 713 |
week for a period of at least two consecutive weeks prior to the | 714 |
date specified by the board for receiving proposals. Notices of | 715 |
requests for proposals shall contain a general description of the | 716 |
subject of the proposed contract and the location where the | 717 |
request for proposals may be obtained. The request for proposals | 718 |
shall include all of the following information: | 719 |
(a) Instructions and information to respondents concerning | 720 |
the submission of proposals, including the name and address of the | 721 |
office where proposals are to be submitted; | 722 |
(b) Instructions regarding communications, including at least | 723 |
the names, titles, and telephone numbers of persons to whom | 724 |
questions concerning a proposal may be directed; | 725 |
(c) A description of the performance criteria that will be | 726 |
used to evaluate whether a respondent to which a contract is | 727 |
awarded is meeting the district's educational standards or the | 728 |
method by which such performance criteria will be determined; | 729 |
(d) Factors and criteria to be considered in evaluating | 730 |
proposals, the relative importance of each factor or criterion, | 731 |
and a description of the evaluation procedures to be followed; | 732 |
(e) Any terms or conditions of the proposed contract, | 733 |
including any requirement for a bond and the amount of such bond; | 734 |
(f) Documents that may be incorporated by reference into the | 735 |
request for proposals, provided that the request for proposals | 736 |
specifies where such documents may be obtained and that such | 737 |
documents are readily available to all interested parties. | 738 |
(2) After the date specified for receiving proposals, the | 739 |
board shall evaluate the submitted proposals and may hold | 740 |
discussions with any respondent to ensure a complete understanding | 741 |
of the proposal and the qualifications of such respondent to | 742 |
execute the proposed contract. Such qualifications shall include, | 743 |
but are not limited to, all of the following: | 744 |
(a) Demonstrated competence in performance of the required | 745 |
services as indicated by effective implementation of educational | 746 |
programs in reading and mathematics and at least three years of | 747 |
experience successfully serving a student population similar to | 748 |
the student population assigned to the alternative school; | 749 |
(b) Demonstrated performance in the areas of cost | 750 |
containment, the provision of educational services of a high | 751 |
quality, and any other areas determined by the board; | 752 |
(c) Whether the respondent has the resources to undertake the | 753 |
operation of the alternative school and to provide qualified | 754 |
personnel to staff the school; | 755 |
(d) Financial responsibility. | 756 |
(3) The board shall select for further review at least three | 757 |
proposals from respondents the board considers qualified to | 758 |
operate the alternative school in the best interests of the | 759 |
students and the district. If fewer than three proposals are | 760 |
submitted, the board shall select each proposal submitted. The | 761 |
board may cancel a request for proposals or reject all proposals | 762 |
at any time prior to the execution of a contract. | 763 |
The board may hold discussions with any of the three selected | 764 |
respondents to clarify or revise the provisions of a proposal or | 765 |
the proposed contract to ensure complete understanding between the | 766 |
board and the respondent of the terms under which a contract will | 767 |
be entered. Respondents shall be accorded fair and equal treatment | 768 |
with respect to any opportunity for discussion regarding | 769 |
clarifications or revisions. The board may terminate or | 770 |
discontinue any further discussion with a respondent upon written | 771 |
notice. | 772 |
(4) Upon further review of the three proposals selected by | 773 |
the board, the board shall award a contract to the respondent the | 774 |
board considers to have the most merit, taking into consideration | 775 |
the scope, complexity, and nature of the services to be performed | 776 |
by the respondent under the contract. | 777 |
(5) Except as provided in division (H)(6) of this section, | 778 |
the request for proposals, submitted proposals, and related | 779 |
documents shall become public records under section 149.43 of the | 780 |
Revised Code after the award of the contract. | 781 |
(6) Any respondent may request in writing that the board not | 782 |
disclose confidential or proprietary information or trade secrets | 783 |
contained in the proposal submitted by the respondent to the | 784 |
board. Any such request shall be accompanied by an offer of | 785 |
indemnification from the respondent to the board. The board shall | 786 |
determine whether to agree to the request and shall inform the | 787 |
respondent in writing of its decision. If the board agrees to | 788 |
nondisclosure of specified information in a proposal, such | 789 |
information shall not become a public record under section 149.43 | 790 |
of the Revised Code. If the respondent withdraws its proposal at | 791 |
any time prior to the execution of a contract, the proposal shall | 792 |
not be a public record under section 149.43 of the Revised Code. | 793 |
(I) Upon a recommendation from the department and in | 794 |
accordance with section 3301.16 of the Revised Code, the state | 795 |
board of education may revoke the charter of any alternative | 796 |
school operated by a school district that violates this section. | 797 |
Sec. 3313.62. The school year shall begin on the first day | 798 |
of July of each calendar year and close on the thirtieth day of | 799 |
June of the succeeding calendar year. A school week shall consist | 800 |
of five days | 801 |
Sec. 3313.621. (A) Except as provided in division (B) of | 802 |
this section, no board of education of a city, exempted village, | 803 |
local, or joint vocational school district shall permit the | 804 |
schools under its control to open for instruction with students in | 805 |
attendance prior to Labor day or after Memorial day in any school | 806 |
year. Workshops, orientation, or other activities in preparation | 807 |
for the opening of school may be held prior to Labor day for | 808 |
teachers or administrators. | 809 |
(B) With the approval of the superintendent of public | 810 |
instruction, a board of education may permit a school under its | 811 |
control to be open prior to Labor day or after Memorial day in any | 812 |
school year, if the district board has certified to the state | 813 |
superintendent that any of the following conditions are satisfied: | 814 |
(1) The scheduling needs of the school will be affected by a | 815 |
construction or renovation project that will be underway at the | 816 |
school or another facility operated by the board. | 817 |
(2) The school is open for instruction to make up hours | 818 |
missed due to an earlier school closure for any of the reasons | 819 |
specified in division (A)(2) of section 3306.01 and division (B) | 820 |
of section 3317.01 of the Revised Code. | 821 |
(3) The school meets the requirement of section 3313.48 of | 822 |
the Revised Code regarding the yearly minimum number of hours it | 823 |
must be open for instruction by requiring students to be in | 824 |
attendance throughout the entire school year, including summer but | 825 |
excluding authorized breaks. | 826 |
(C) Nothing in this section shall be construed to prohibit a | 827 |
school district from operating a summer school program. | 828 |
(D) No school district board shall agree to or permit a | 829 |
school under its control to participate in any extracurricular | 830 |
events on Friday through Monday of the Labor day weekend. This | 831 |
prohibition shall not apply to any district or school that has an | 832 |
agreement with another district or school or with an athletic | 833 |
association or conference, entered into prior to the effective | 834 |
date of this section, that requires participation in | 835 |
extracurricular events on that weekend. However, the district | 836 |
board shall not enter into a new agreement or renew an expiring | 837 |
agreement on or after the effective date of this section that | 838 |
requires participation in extracurricular events on that weekend. | 839 |
(E) Any board of education of a school district that, prior | 840 |
to the effective date of this section, entered into a collective | 841 |
bargaining agreement under Chapter 4117. of the Revised Code that | 842 |
establishes a date prior to Labor day or after Memorial day on | 843 |
which the schools of the district will open for instruction with | 844 |
students in attendance shall not be required to comply with this | 845 |
section until the expiration of that agreement. Each collective | 846 |
bargaining agreement entered into or renewed on or after the | 847 |
effective date of this section shall comply with this section. | 848 |
Sec. 3314.03. A copy of every contract entered into under | 849 |
this section shall be filed with the superintendent of public | 850 |
instruction. | 851 |
(A) Each contract entered into between a sponsor and the | 852 |
governing authority of a community school shall specify the | 853 |
following: | 854 |
(1) That the school shall be established as either of the | 855 |
following: | 856 |
(a) A nonprofit corporation established under Chapter 1702. | 857 |
of the Revised Code, if established prior to April 8, 2003; | 858 |
(b) A public benefit corporation established under Chapter | 859 |
1702. of the Revised Code, if established after April 8, 2003. | 860 |
(2) The education program of the school, including the | 861 |
school's mission, the characteristics of the students the school | 862 |
is expected to attract, the ages and grades of students, and the | 863 |
focus of the curriculum; | 864 |
(3) The academic goals to be achieved and the method of | 865 |
measurement that will be used to determine progress toward those | 866 |
goals, which shall include the statewide achievement assessments; | 867 |
(4) Performance standards by which the success of the school | 868 |
will be evaluated by the sponsor; | 869 |
(5) The admission standards of section 3314.06 of the Revised | 870 |
Code and, if applicable, section 3314.061 of the Revised Code; | 871 |
(6)(a) Dismissal procedures; | 872 |
(b) A requirement that the governing authority adopt an | 873 |
attendance policy that includes a procedure for automatically | 874 |
withdrawing a student from the school if the student without a | 875 |
legitimate excuse fails to participate in one hundred five | 876 |
consecutive hours of the learning opportunities offered to the | 877 |
student. | 878 |
(7) The ways by which the school will achieve racial and | 879 |
ethnic balance reflective of the community it serves; | 880 |
(8) Requirements for financial audits by the auditor of | 881 |
state. The contract shall require financial records of the school | 882 |
to be maintained in the same manner as are financial records of | 883 |
school districts, pursuant to rules of the auditor of state. | 884 |
Audits shall be conducted in accordance with section 117.10 of the | 885 |
Revised Code. | 886 |
(9) The facilities to be used and their locations; | 887 |
(10) Qualifications of teachers, including the following: | 888 |
(a) A requirement that the school's classroom teachers be | 889 |
licensed in accordance with sections 3319.22 to 3319.31 of the | 890 |
Revised Code, except that a community school may engage | 891 |
noncertificated persons to teach up to twelve hours per week | 892 |
pursuant to section 3319.301 of the Revised Code; | 893 |
(b) A requirement that each classroom teacher initially hired | 894 |
by the school on or after July 1, 2013, and employed to provide | 895 |
instruction in physical education hold a valid license issued | 896 |
pursuant to section 3319.22 of the Revised Code for teaching | 897 |
physical education. | 898 |
(11) That the school will comply with the following | 899 |
requirements: | 900 |
(a) The school will provide learning opportunities to a | 901 |
minimum of twenty-five students for a minimum of nine hundred | 902 |
twenty hours per school year. | 903 |
(b) The governing authority will purchase liability | 904 |
insurance, or otherwise provide for the potential liability of the | 905 |
school. | 906 |
(c) The school will be nonsectarian in its programs, | 907 |
admission policies, employment practices, and all other | 908 |
operations, and will not be operated by a sectarian school or | 909 |
religious institution. | 910 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 911 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 912 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 913 |
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.621, 3313.643, | 914 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 915 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 916 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, | 917 |
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, | 918 |
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 919 |
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 920 |
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 921 |
and 4167. of the Revised Code as if it were a school district and | 922 |
will comply with section 3301.0714 of the Revised Code in the | 923 |
manner specified in section 3314.17 of the Revised Code. | 924 |
(e) The school shall comply with Chapter 102. and section | 925 |
2921.42 of the Revised Code. | 926 |
(f) The school will comply with sections 3313.61, 3313.611, | 927 |
and 3313.614 of the Revised Code, except that for students who | 928 |
enter ninth grade for the first time before July 1, 2010, the | 929 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 930 |
that a person must successfully complete the curriculum in any | 931 |
high school prior to receiving a high school diploma may be met by | 932 |
completing the curriculum adopted by the governing authority of | 933 |
the community school rather than the curriculum specified in Title | 934 |
XXXIII of the Revised Code or any rules of the state board of | 935 |
education. Beginning with students who enter ninth grade for the | 936 |
first time on or after July 1, 2010, the requirement in sections | 937 |
3313.61 and 3313.611 of the Revised Code that a person must | 938 |
successfully complete the curriculum of a high school prior to | 939 |
receiving a high school diploma shall be met by completing the | 940 |
Ohio core curriculum prescribed in division (C) of section | 941 |
3313.603 of the Revised Code, unless the person qualifies under | 942 |
division (D) or (F) of that section. Each school shall comply with | 943 |
the plan for awarding high school credit based on demonstration of | 944 |
subject area competency, adopted by the state board of education | 945 |
under division (J) of section 3313.603 of the Revised Code. | 946 |
(g) The school governing authority will submit within four | 947 |
months after the end of each school year a report of its | 948 |
activities and progress in meeting the goals and standards of | 949 |
divisions (A)(3) and (4) of this section and its financial status | 950 |
to the sponsor and the parents of all students enrolled in the | 951 |
school. | 952 |
(h) The school, unless it is an internet- or computer-based | 953 |
community school, will comply with sections 3313.674 and 3313.801 | 954 |
of the Revised Code as if it were a school district. | 955 |
(12) Arrangements for providing health and other benefits to | 956 |
employees; | 957 |
(13) The length of the contract, which shall begin at the | 958 |
beginning of an academic year. No contract shall exceed five years | 959 |
unless such contract has been renewed pursuant to division (E) of | 960 |
this section. | 961 |
(14) The governing authority of the school, which shall be | 962 |
responsible for carrying out the provisions of the contract; | 963 |
(15) A financial plan detailing an estimated school budget | 964 |
for each year of the period of the contract and specifying the | 965 |
total estimated per pupil expenditure amount for each such year. | 966 |
The plan shall specify for each year the base formula amount that | 967 |
will be used for purposes of funding calculations under section | 968 |
3314.08 of the Revised Code. This base formula amount for any year | 969 |
shall not exceed the formula amount defined under section 3317.02 | 970 |
of the Revised Code. The plan may also specify for any year a | 971 |
percentage figure to be used for reducing the per pupil amount of | 972 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 973 |
Code the school is to receive that year under section 3314.08 of | 974 |
the Revised Code. | 975 |
(16) Requirements and procedures regarding the disposition of | 976 |
employees of the school in the event the contract is terminated or | 977 |
not renewed pursuant to section 3314.07 of the Revised Code; | 978 |
(17) Whether the school is to be created by converting all or | 979 |
part of an existing public school or educational service center | 980 |
building or is to be a new start-up school, and if it is a | 981 |
converted public school or service center building, specification | 982 |
of any duties or responsibilities of an employer that the board of | 983 |
education or service center governing board that operated the | 984 |
school or building before conversion is delegating to the | 985 |
governing authority of the community school with respect to all or | 986 |
any specified group of employees provided the delegation is not | 987 |
prohibited by a collective bargaining agreement applicable to such | 988 |
employees; | 989 |
(18) Provisions establishing procedures for resolving | 990 |
disputes or differences of opinion between the sponsor and the | 991 |
governing authority of the community school; | 992 |
(19) A provision requiring the governing authority to adopt a | 993 |
policy regarding the admission of students who reside outside the | 994 |
district in which the school is located. That policy shall comply | 995 |
with the admissions procedures specified in sections 3314.06 and | 996 |
3314.061 of the Revised Code and, at the sole discretion of the | 997 |
authority, shall do one of the following: | 998 |
(a) Prohibit the enrollment of students who reside outside | 999 |
the district in which the school is located; | 1000 |
(b) Permit the enrollment of students who reside in districts | 1001 |
adjacent to the district in which the school is located; | 1002 |
(c) Permit the enrollment of students who reside in any other | 1003 |
district in the state. | 1004 |
(20) A provision recognizing the authority of the department | 1005 |
of education to take over the sponsorship of the school in | 1006 |
accordance with the provisions of division (C) of section 3314.015 | 1007 |
of the Revised Code; | 1008 |
(21) A provision recognizing the sponsor's authority to | 1009 |
assume the operation of a school under the conditions specified in | 1010 |
division (B) of section 3314.073 of the Revised Code; | 1011 |
(22) A provision recognizing both of the following: | 1012 |
(a) The authority of public health and safety officials to | 1013 |
inspect the facilities of the school and to order the facilities | 1014 |
closed if those officials find that the facilities are not in | 1015 |
compliance with health and safety laws and regulations; | 1016 |
(b) The authority of the department of education as the | 1017 |
community school oversight body to suspend the operation of the | 1018 |
school under section 3314.072 of the Revised Code if the | 1019 |
department has evidence of conditions or violations of law at the | 1020 |
school that pose an imminent danger to the health and safety of | 1021 |
the school's students and employees and the sponsor refuses to | 1022 |
take such action; | 1023 |
(23) A description of the learning opportunities that will be | 1024 |
offered to students including both classroom-based and | 1025 |
non-classroom-based learning opportunities that is in compliance | 1026 |
with criteria for student participation established by the | 1027 |
department under division (L)(2) of section 3314.08 of the Revised | 1028 |
Code; | 1029 |
(24) The school will comply with sections 3302.04 and | 1030 |
3302.041 of the Revised Code, except that any action required to | 1031 |
be taken by a school district pursuant to those sections shall be | 1032 |
taken by the sponsor of the school. However, the sponsor shall not | 1033 |
be required to take any action described in division (F) of | 1034 |
section 3302.04 of the Revised Code. | 1035 |
(25) Beginning in the 2006-2007 school year, the school will | 1036 |
open for operation not later than the thirtieth day of September | 1037 |
each school year, unless the mission of the school as specified | 1038 |
under division (A)(2) of this section is solely to serve dropouts. | 1039 |
In its initial year of operation, if the school fails to open by | 1040 |
the thirtieth day of September, or within one year after the | 1041 |
adoption of the contract pursuant to division (D) of section | 1042 |
3314.02 of the Revised Code if the mission of the school is solely | 1043 |
to serve dropouts, the contract shall be void. | 1044 |
(B) The community school shall also submit to the sponsor a | 1045 |
comprehensive plan for the school. The plan shall specify the | 1046 |
following: | 1047 |
(1) The process by which the governing authority of the | 1048 |
school will be selected in the future; | 1049 |
(2) The management and administration of the school; | 1050 |
(3) If the community school is a currently existing public | 1051 |
school or educational service center building, alternative | 1052 |
arrangements for current public school students who choose not to | 1053 |
attend the converted school and for teachers who choose not to | 1054 |
teach in the school or building after conversion; | 1055 |
(4) The instructional program and educational philosophy of | 1056 |
the school; | 1057 |
(5) Internal financial controls. | 1058 |
(C) A contract entered into under section 3314.02 of the | 1059 |
Revised Code between a sponsor and the governing authority of a | 1060 |
community school may provide for the community school governing | 1061 |
authority to make payments to the sponsor, which is hereby | 1062 |
authorized to receive such payments as set forth in the contract | 1063 |
between the governing authority and the sponsor. The total amount | 1064 |
of such payments for oversight and monitoring of the school shall | 1065 |
not exceed three per cent of the total amount of payments for | 1066 |
operating expenses that the school receives from the state. | 1067 |
(D) The contract shall specify the duties of the sponsor | 1068 |
which shall be in accordance with the written agreement entered | 1069 |
into with the department of education under division (B) of | 1070 |
section 3314.015 of the Revised Code and shall include the | 1071 |
following: | 1072 |
(1) Monitor the community school's compliance with all laws | 1073 |
applicable to the school and with the terms of the contract; | 1074 |
(2) Monitor and evaluate the academic and fiscal performance | 1075 |
and the organization and operation of the community school on at | 1076 |
least an annual basis; | 1077 |
(3) Report on an annual basis the results of the evaluation | 1078 |
conducted under division (D)(2) of this section to the department | 1079 |
of education and to the parents of students enrolled in the | 1080 |
community school; | 1081 |
(4) Provide technical assistance to the community school in | 1082 |
complying with laws applicable to the school and terms of the | 1083 |
contract; | 1084 |
(5) Take steps to intervene in the school's operation to | 1085 |
correct problems in the school's overall performance, declare the | 1086 |
school to be on probationary status pursuant to section 3314.073 | 1087 |
of the Revised Code, suspend the operation of the school pursuant | 1088 |
to section 3314.072 of the Revised Code, or terminate the contract | 1089 |
of the school pursuant to section 3314.07 of the Revised Code as | 1090 |
determined necessary by the sponsor; | 1091 |
(6) Have in place a plan of action to be undertaken in the | 1092 |
event the community school experiences financial difficulties or | 1093 |
closes prior to the end of a school year. | 1094 |
(E) Upon the expiration of a contract entered into under this | 1095 |
section, the sponsor of a community school may, with the approval | 1096 |
of the governing authority of the school, renew that contract for | 1097 |
a period of time determined by the sponsor, but not ending earlier | 1098 |
than the end of any school year, if the sponsor finds that the | 1099 |
school's compliance with applicable laws and terms of the contract | 1100 |
and the school's progress in meeting the academic goals prescribed | 1101 |
in the contract have been satisfactory. Any contract that is | 1102 |
renewed under this division remains subject to the provisions of | 1103 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 1104 |
(F) If a community school fails to open for operation within | 1105 |
one year after the contract entered into under this section is | 1106 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 1107 |
Code or permanently closes prior to the expiration of the | 1108 |
contract, the contract shall be void and the school shall not | 1109 |
enter into a contract with any other sponsor. A school shall not | 1110 |
be considered permanently closed because the operations of the | 1111 |
school have been suspended pursuant to section 3314.072 of the | 1112 |
Revised Code. Any contract that becomes void under this division | 1113 |
shall not count toward any statewide limit on the number of such | 1114 |
contracts prescribed by section 3314.013 of the Revised Code. | 1115 |
Sec. 3317.01. As used in this section and section 3317.011 | 1116 |
of the Revised Code, "school district," unless otherwise | 1117 |
specified, means any city, local, exempted village, joint | 1118 |
vocational, or cooperative education school district and any | 1119 |
educational service center. | 1120 |
This chapter shall be administered by the state board of | 1121 |
education. The superintendent of public instruction shall | 1122 |
calculate the amounts payable to each school district and shall | 1123 |
certify the amounts payable to each eligible district to the | 1124 |
treasurer of the district as provided by this chapter. As soon as | 1125 |
possible after such amounts are calculated, the superintendent | 1126 |
shall certify to the treasurer of each school district the | 1127 |
district's adjusted charge-off increase, as defined in section | 1128 |
5705.211 of the Revised Code. No moneys shall be distributed | 1129 |
pursuant to this chapter without the approval of the controlling | 1130 |
board. | 1131 |
The state board of education shall, in accordance with | 1132 |
appropriations made by the general assembly, meet the financial | 1133 |
obligations of this chapter. | 1134 |
Moneys distributed pursuant to this chapter shall be | 1135 |
calculated and paid on a fiscal year basis, beginning with the | 1136 |
first day of July and extending through the thirtieth day of June. | 1137 |
The moneys appropriated for each fiscal year shall be distributed | 1138 |
periodically to each school district unless otherwise provided | 1139 |
for. The state board shall submit a yearly distribution plan to | 1140 |
the controlling board at its first meeting in July. The state | 1141 |
board shall submit any proposed midyear revision of the plan to | 1142 |
the controlling board in January. Any year-end revision of the | 1143 |
plan shall be submitted to the controlling board in June. If | 1144 |
moneys appropriated for each fiscal year are distributed other | 1145 |
than monthly, such distribution shall be on the same basis for | 1146 |
each school district. | 1147 |
Except as otherwise provided, payments under this chapter | 1148 |
shall be made only to those school districts in which: | 1149 |
(A) The school district, except for any educational service | 1150 |
center and any joint vocational or cooperative education school | 1151 |
district, levies for current operating expenses at least twenty | 1152 |
mills. Levies for joint vocational or cooperative education school | 1153 |
districts or county school financing districts, limited to or to | 1154 |
the extent apportioned to current expenses, shall be included in | 1155 |
this qualification requirement. School district income tax levies | 1156 |
under Chapter 5748. of the Revised Code, limited to or to the | 1157 |
extent apportioned to current operating expenses, shall be | 1158 |
included in this qualification requirement to the extent | 1159 |
determined by the tax commissioner under division (D) of section | 1160 |
3317.021 of the Revised Code. | 1161 |
(B) The school year next preceding the fiscal year for which | 1162 |
such payments are authorized meets both the requirement of section | 1163 |
3313.48 | 1164 |
minimum number of | 1165 |
instruction with pupils in attendance, for individualized | 1166 |
parent-teacher conference and reporting periods, and for | 1167 |
professional meetings of teachers, and the requirement of section | 1168 |
3313.621 of the Revised Code, with regard to the first day and the | 1169 |
last day of the school year on which a school may be open for | 1170 |
instruction. | 1171 |
1172 | |
1173 | |
1174 | |
1175 | |
1176 | |
1177 | |
1178 | |
1179 | |
1180 | |
1181 | |
1182 | |
1183 | |
1184 | |
1185 | |
1186 | |
1187 | |
1188 | |
1189 | |
1190 | |
1191 | |
1192 | |
1193 |
A school district shall not be considered to have failed to | 1194 |
comply with this division | 1195 |
because schools were open for instruction but either twelfth grade | 1196 |
students were excused from attendance for up to | 1197 |
and one-half hours or only a portion of the kindergarten students | 1198 |
were in attendance for up to | 1199 |
of students attending all-day kindergarten, and seven and one-half | 1200 |
hours, in the case of students attending half-day kindergarten, in | 1201 |
order to allow for the gradual orientation to school of such | 1202 |
students. | 1203 |
| 1204 |
1205 | |
1206 | |
1207 | |
1208 | |
1209 | |
1210 | |
1211 | |
1212 | |
1213 |
| 1214 |
1215 | |
1216 | |
1217 | |
1218 | |
1219 |
(C) The school district has on file, and is paying in | 1220 |
accordance with, a teachers' salary schedule which complies with | 1221 |
section 3317.13 of the Revised Code. | 1222 |
A board of education or governing board of an educational | 1223 |
service center which has not conformed with other law and the | 1224 |
rules pursuant thereto, shall not participate in the distribution | 1225 |
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 1226 |
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 1227 |
and sufficient reason established to the satisfaction of the state | 1228 |
board of education and the state controlling board. | 1229 |
All funds allocated to school districts under this chapter, | 1230 |
except those specifically allocated for other purposes, shall be | 1231 |
used to pay current operating expenses only. | 1232 |
Sec. 3321.05. (A) As used in this section, "all-day | 1233 |
kindergarten" means a kindergarten class that is in session | 1234 |
1235 | |
each | 1236 |
(B) Any school district may operate all-day kindergarten or | 1237 |
extended kindergarten, but beginning in fiscal year 2011, each | 1238 |
city, local, and exempted village school district shall provide | 1239 |
all-day kindergarten to each student enrolled in kindergarten, | 1240 |
except as specified in divisions (C) and (D) of this section. | 1241 |
(C) The board of education of a school district may apply to | 1242 |
the superintendent of public instruction for a waiver of the | 1243 |
requirement to provide all-day kindergarten for all kindergarten | 1244 |
students. In making the determination to grant or deny the waiver, | 1245 |
the state superintendent may consider space concerns or | 1246 |
alternative delivery approaches used by the school district. | 1247 |
(D) No district shall require any student to attend | 1248 |
kindergarten for more than one-half of the number of clock hours | 1249 |
required each day for grades one through six by the minimum | 1250 |
standards adopted under division (D) of section 3301.07 of the | 1251 |
Revised Code. Each school district shall accommodate kindergarten | 1252 |
students whose parents or guardians elect to enroll them for | 1253 |
one-half of the minimum number of hours required each day for | 1254 |
grades one through six. | 1255 |
(E) A school district may use space in child day-care centers | 1256 |
licensed under Chapter 5104. of the Revised Code to provide | 1257 |
all-day kindergarten under this section. | 1258 |
Sec. 3326.11. Each science, technology, engineering, and | 1259 |
mathematics school established under this chapter and its | 1260 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 1261 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 1262 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 1263 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, | 1264 |
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 1265 |
3313.61, 3313.611, 3313.614, 3313.615, 3313.621, 3313.643, | 1266 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 1267 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 1268 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 1269 |
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, | 1270 |
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, | 1271 |
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, | 1272 |
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., | 1273 |
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and | 1274 |
4167. of the Revised Code as if it were a school district. | 1275 |
Section 2. That existing sections 2151.011, 3306.01, 3313.48, | 1276 |
3313.533, 3313.62, 3314.03, 3317.01, 3321.05, and 3326.11 and | 1277 |
sections 3313.481 and 3313.482 of the Revised Code are hereby | 1278 |
repealed. | 1279 |
Section 3. Sections 1 and 2 of this act shall take effect | 1280 |
July 1, 2012. However, to determine whether a school district | 1281 |
satisfied the minimum school year in the 2011-2012 school year in | 1282 |
order to qualify for state funding under Chapters 3306. and 3317. | 1283 |
of the Revised Code for fiscal year 2013, the Department of | 1284 |
Education shall apply the criteria prescribed in the versions of | 1285 |
division (A)(2) of section 3306.01 and division (B) of section | 1286 |
3317.01 of the Revised Code in effect prior to July 1, 2012. | 1287 |
Section 4. The amendments to sections 3306.01, 3313.48, | 1288 |
3313.533, 3313.62, 3317.01, and 3321.05; the repeal and | 1289 |
reenactment of section 3313.481; and the repeal of section | 1290 |
3313.482 of the Revised Code made by this act do not apply to any | 1291 |
collective bargaining agreement executed under Chapter 4117. of | 1292 |
the Revised Code prior to the effective date of this section. Any | 1293 |
collective bargaining agreement or renewal executed after that | 1294 |
date shall comply with the changes provided for in this act. | 1295 |