As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 191

Representatives Hayes, Patmon 

Cosponsors: Representatives Ruhl, Thompson, Adams, J., Kozlowski, Derickson, Roegner, Beck, Barnes 

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A BILL

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

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

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
state board of education of the applicable school district	326
pursuant to section 3313.483313.481 of the Revised Code.	327

(48) "School month" and "school year" havehas the same	328
meaningsmeaning as in section 3313.62 of the Revised Code.	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 or 3313.481 of the	422
Revised Code, with regard to the minimum number of days or hours	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. The superintendent of public instruction shall	429
waive a number of days in accordance with section 3317.01 of the	430
Revised Code on which it had been necessary for a school to be	431
closed because of disease epidemic, hazardous weather conditions,	432
inoperability of school buses or other equipment necessary to the	433
school's operation, damage to a school building, or other	434
temporary circumstances due to utility failure rendering the	435
school building unfit for school use.	436

A school district shall not be considered to have failed to	437
comply with this division or section 3313.481 of the Revised Code	438
because schools were open for instruction but either twelfth grade	439
students were excused from attendance for up to three dayssixteen	440
and one-half hours or only a portion of the kindergarten students	441
were in attendance for up to three daysfifteen hours, in the case	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

The superintendent of public instruction shall waive the	447
requirements of this section with reference to the minimum number	448
of days or hours a school must be open for instruction with pupils	449
in attendance for the school year succeeding the school year in	450
which a board of education initiates a plan of operation pursuant	451
to section 3313.481 of the Revised Code. The minimum requirements	452
of this section shall again be applicable to the district	453
beginning with the school year commencing the second July	454
succeeding the initiation of the plan, and for each school year	455
thereafter.	456

A school district shall not be considered to have failed to	457
comply with this division or section 3313.48 or 3313.481 of the	458
Revised Code because schools were open for instruction but the	459
length of the regularly scheduled learning day, for any number of	460
days during the school year, was reduced by not more than two	461
hours due to hazardous weather conditions.	462

(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. Except as provided in section 3313.481 of the Revised	513
Code, eachEach school so provided and each chartered nonpublic	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 one hundred	518
eighty-two daysfour hundred eighty hours in the case of pupils in	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

(A)(1) Up to four school daysten hours per year in which	527
classes are dismissed one-half day early or the equivalent amount	528
of time during a different number of daysin grades kindergarten	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

(B)(2) Up to two daysten hours per year during which pupils	534
would otherwise be in attendance but are not required to attend	535
for professional meetings of teachers when such days occur during	536
a regular school week and schools are not in sessionof grades	537
kindergarten through six, and up to eleven hours per year for such	538
meetings of teachers of grades seven through twelve;	539

(C) The number of days the school is closed as a result of	540
public calamity, as provided in section 3317.01 of the Revised	541
Code(3) Morning and afternoon recess periods of not more than	542
fifteen minutes duration per period for pupils in grades	543
kindergarten through six.	544

The state board of education shall adopt standards for	545
defining "school day" as used in sections 3313.48 and 3317.01 of	546
the Revised Code.	547

Except as otherwise provided in this section, each day for	548
grades seven through twelve shall consist of not less than five	549
clock hours with pupils in attendance, except in such emergency	550
situations, including lack of classroom space, as are approved by	551
the state board of education. Except as otherwise provided in this	552
section, each day for grades one through six shall consist of not	553
less than five clock hours with pupils in attendance which may	554
include fifteen minute morning and afternoon recess periods,	555
except in such emergency situations, including lack of classroom	556
space, as are approved by the state board of education.	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 state board of	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, and a school month of four school weeks.	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, 3314.817	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 or 3313.481 of the Revised Code, with regard to the	1164
minimum number of days or hours school must be open for	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. This requirement shall be waived by the	1171
superintendent of public instruction if it had been necessary for	1172
a school to be closed because of disease epidemic, hazardous	1173
weather conditions, inoperability of school buses or other	1174
equipment necessary to the school's operation, damage to a school	1175
building, or other temporary circumstances due to utility failure	1176
rendering the school building unfit for school use, provided that	1177
for those school districts operating pursuant to section 3313.48	1178
of the Revised Code the number of days the school was actually	1179
open for instruction with pupils in attendance and for	1180
individualized parent-teacher conference and reporting periods is	1181
not less than one hundred seventy-five, or for those school	1182
districts operating on a trimester plan the number of days the	1183
school was actually open for instruction with pupils in attendance	1184
not less than seventy-nine days in any trimester, for those school	1185
districts operating on a quarterly plan the number of days the	1186
school was actually open for instruction with pupils in attendance	1187
not less than fifty-nine days in any quarter, or for those school	1188
districts operating on a pentamester plan the number of days the	1189
school was actually open for instruction with pupils in attendance	1190
not less than forty-four days in any pentamester. However, for	1191
fiscal year 2012, the superintendent shall waive two fewer such	1192
days for the 2010-2011 school year.	1193

A school district shall not be considered to have failed to	1194
comply with this division or section 3313.481 of the Revised Code	1195
because schools were open for instruction but either twelfth grade	1196
students were excused from attendance for up to three dayssixteen	1197
and one-half hours or only a portion of the kindergarten students	1198
were in attendance for up to three daysfifteen hours, in the case	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

The superintendent of public instruction shall waive the	1204
requirements of this section with reference to the minimum number	1205
of days or hours school must be in session with pupils in	1206
attendance for the school year succeeding the school year in which	1207
a board of education initiates a plan of operation pursuant to	1208
section 3313.481 of the Revised Code. The minimum requirements of	1209
this section shall again be applicable to such a district	1210
beginning with the school year commencing the second July	1211
succeeding the initiation of one such plan, and for each school	1212
year thereafter.	1213

A school district shall not be considered to have failed to	1214
comply with this division or section 3313.48 or 3313.481 of the	1215
Revised Code because schools were open for instruction but the	1216
length of the regularly scheduled school day, for any number of	1217
days during the school year, was reduced by not more than two	1218
hours due to hazardous weather conditions.	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 five	1234
days per week for not less than the same number of clock hours	1235
each dayweek as for students in grades one through six.	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, 3313.482, 3313.50,	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