As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 21

Representative Combs 

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A BILL

To amend sections 3314.013, 3314.014, 3314.016,

1

3314.02, 3314.021, 3314.03, 3314.05, 3319.22,

2

3319.223, and 3319.61 and to enact section

3

3319.227 of the Revised Code to allow new

4

Internet- or computer-based community schools to

5

open under certain conditions, to require the use

6

of student performance data in evaluating teachers

7

and principals for licensure, and to qualify Teach

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for America participants for a professional

9

educator license.

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

Section 1. That sections 3314.013, 3314.014, 3314.016,	11
3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223, and	12
3319.61 be amended and section 3319.227 of the Revised Code be	13
enacted to read as follows:	14

Sec. 3314.013.  (A)(1) Until July 1, 2000, no more than	15
seventy-five contracts between start-up schools and the state	16
board of education may be in effect outside the pilot project area	17
at any time under this chapter.	18

(2) After July 1, 2000, and until July 1, 2001, no more than	19
one hundred twenty-five contracts between start-up schools and the	20
state board of education may be in effect outside the pilot	21
project area at any time under this chapter.	22

(3) This division applies only to contracts between start-up	23
schools and the state board of education and contracts between	24
start-up schools and entities described in divisions (C)(1)(b) to	25
(f) of section 3314.02 of the Revised Code.	26

Until July 1, 2005, not more than two hundred twenty-five	27
contracts to which this division applies may be in effect at any	28
time under this chapter.	29

(4) This division applies only to contracts between start-up	30
schools and entities described in divisions (C)(1)(b) to (f) of	31
section 3314.02 of the Revised Code.	32

Except as otherwise provided in section 3314.014 of the	33
Revised Code, after July 1, 2005, and until July 1, 2007, the	34
number of contracts to which this division applies in effect at	35
any time under this chapter shall be not more than thirty plus the	36
number of such contracts with schools that were open for operation	37
as of May 1, 2005.	38

(5) This division applies only to contracts between a	39
conversion school that is an internet- or computer-based community	40
school or a start-up school and the board of education of the	41
school district in which the school is or is proposed to be	42
located.	43

Except as otherwise provided in section 3314.014 of the	44
Revised Code, until July 1, 2007, the number of contracts to which	45
this division applies in effect at any time under this chapter	46
shall be not more than thirty plus the number of such contracts	47
with schools that were open for operation as of May 1, 2005.	48

(6) UntilExcept as otherwise provided in division (B) of	49
this section, until the effective date of any standards enacted by	50
the general assembly governing the operation of internet- or	51
computer-based community schools, no internet- or computer-based	52
community school shall operate unless the school was open for	53
instruction as of May 1, 2005. No entity described in division	54
(C)(1) of section 3314.02 of the Revised Code shall enter into a	55
contract to sponsor an internet- or computer-based community	56
school, including a conversion school, between May 1, 2005, and	57
the effective date of any standards enacted by the general	58
assembly governing the operation of internet- or computer-based	59
community schools, except as follows:	60

(a) Any(1) The entity described in division (C)(1) of that	61
section may renew a contract that the entity entered into with an	62
internet- or computer-based community school prior to May 1, 2005,	63
if the school was open for operation as of that date.	64

(b) Any(2) The entity described in divisions (C)(1)(a) to	65
(e) of that section may assume sponsorship of an existing	66
internet- or computer-based community school that was formerly	67
sponsored by another entity and may enter into a contract with	68
that community school in accordance with section 3314.03 of the	69
Revised Code.	70

(c) Any entity described in division (C)(1)(f) of that	71
section may assume sponsorship of an existing internet- or	72
computer-based community school in accordance with division (A)(7)	73
of this section and may enter into a contract with that community	74
school in accordance with section 3314.03 of the Revised Code.	75

If a sponsor entered into a contract with an internet- or	76
computer-based community school, including a conversion school,	77
but the school was not open for operation as of May 1, 2005, the	78
contract shall be void and, except as otherwise provided in	79
division (B) of this section, the entity shall not enter into	80
another contract with the school until the effective date of any	81
standards enacted by the general assembly governing the operation	82
of internet- or computer-based community schools.	83

(7) Until July 1, 2005, any entity described in division	84
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only	85
a community school that formerly was sponsored by the state board	86
of education under division (C)(1)(d) of that section, as it	87
existed prior to April 8, 2003. After July 1, 2005, any such	88
entity may assume sponsorship of any existing community school,	89
and may sponsor any new community school that is not an internet-	90
or computer-based community school. Beginning on the effective	91
date of any standards enacted by the general assembly governing	92
the operation of internet- or computer-based community schools,	93
any such entity may sponsor a new internet- or computer-based	94
community school.	95

(8)(B) For each community school that an entity sponsors	96
that, on or after September 1, 2010, has a rating of in need of	97
continuous improvement or higher under section 3302.03 of the	98
Revised Code, the sponsor may enter into a contract to sponsor a	99
new internet- or computer-based community school, including a	100
conversion school, in accordance with section 3314.03 of the	101
Revised Code. Each new start-up school with which the sponsor	102
enters into a contract under this division shall comply with	103
division (A) of section 3314.016 of the Revised Code.	104

(C) Nothing in division (A) of this section prohibits aan	105
internet- or computer-based community school from increasing the	106
number of grade levels it offers.	107

(B)(D) Within twenty-four hours of a request by any person,	108
the superintendent of public instruction shall indicate the number	109
of preliminary agreements for start-up schools currently	110
outstanding and the number of contracts for these schools in	111
effect at the time of the request.	112

(C) It is the intent of the general assembly to consider	113
whether to provide limitations on the number of start-up community	114
schools after July 1, 2001, following its examination of the	115
results of the studies by the legislative office of education	116
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of	117
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.	118
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.	119
No. 770 of the 122nd general assembly.	120

Sec. 3314.014. (A) As used in this chapter, "operator" means	121
either of the following:	122

(1)(A) An individual or organization that manages the daily	123
operations of a community school pursuant to a contract between	124
the operator and the school's governing authority;	125

(2)(B) A nonprofit organization that provides programmatic	126
oversight and support to a community school under a contract with	127
the school's governing authority and that retains the right to	128
terminate its affiliation with the school if the school fails to	129
meet the organization's quality standards.	130

(B)(1) Notwithstanding the limit prescribed by division	131
(A)(4) of section 3314.013 of the Revised Code, a start-up school	132
sponsored by an entity described in divisions (C)(1)(b) to (f) of	133
section 3314.02 of the Revised Code may be established after the	134
date that limit is reached, provided the school's governing	135
authority enters into a contract with an operator permitted to	136
manage the school under division (C) of this section.	137

(2) Notwithstanding the limit prescribed by division (A)(5)	138
of section 3314.013 of the Revised Code, a conversion school that	139
is an internet- or computer-based community school or a start-up	140
school sponsored by the school district in which the school is or	141
is proposed to be located may be established after the date that	142
limit is reached, provided the school's governing authority enters	143
into a contract with an operator permitted to manage the school	144
under division (C) of this section. However, a conversion school	145
that is an internet- or computer-based community school may be	146
established after that date only if the prohibition prescribed by	147
division (A)(6) of section 3314.013 of the Revised Code is no	148
longer in effect.	149

(C) An operator may enter into contracts with the governing	150
authorities of community schools established after the date the	151
limit prescribed by division (A)(4) or (5) of section 3314.013 of	152
the Revised Code, as applicable, is reached, provided the total	153
number of schools for which the operator enters into such	154
contracts, excluding conversion schools that are not internet- or	155
computer-based community schools, does not exceed the number of	156
community schools managed by the operator in Ohio or other states	157
on the applicable date that are rated excellent, effective, or in	158
need of continuous improvement pursuant to section 3302.03 of the	159
Revised Code or perform comparably to schools so rated, as	160
determined by the department of education.	161

(D) Notwithstanding the limit prescribed by division (A)(4)	162
of section 3314.013 of the Revised Code, after the date the limit	163
prescribed in that division is reached, the governing authority of	164
a start-up school sponsored by an entity described in divisions	165
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may	166
establish one additional school serving the same grade levels and	167
providing the same educational program as the current start-up	168
school and may open that additional school in the 2006-2007 school	169
year, if both of the following conditions are met:	170

(1) The governing authority entered into another contract	171
with the same sponsor or a different sponsor described in	172
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	173
and filed a copy of that contract with the superintendent of	174
public instruction prior to March 15, 2006.	175

(2) The governing authority's current school satisfies all of	176
the following conditions:	177

(a) The school currently is rated as excellent or effective	178
pursuant to section 3302.03 of the Revised Code.	179

(b) The school made adequate yearly progress, as defined in	180
section 3302.01 of the Revised Code, for the previous school year.	181

(c) The school has been in operation for at least four school	182
years.	183

(d) The school is not managed by an operator.

184

Sec. 3314.016.  (A) After June 30, 2007, aThe governing	185
authority of each new start-up school may be established under	186
this chapter only if the school's governing authority enters	187
after June 30, 2007, shall enter into a contract with an operator	188
that manages other schools in the United States that perform at a	189
level higher than academic watch. The governing authority of the	190
community school may sign a contract with an operator only if the	191
operator has fewer contracts with the governing authorities of new	192
start-up schools established under this chapter after June 30,	193
2007, than the number of schools managed by the operator in the	194
United States that perform at a level higher than academic watch,	195
as determined by the department of education. However, the	196
governing authority shall not contract with an operator that	197
currently manages any community schools in Ohio for which the	198
department issues annual report cards under section 3314.012 of	199
the Revised Code, unless the latest report card issued for at	200
least one of those schools designates a performance rating under	201
section 3302.03 of the Revised Code of in need of continuous	202
improvement or higher.	203

(B) Notwithstanding division (A) of this section, the	204
governing authority of a start-up school sponsored by an entity	205
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	206
Revised Code may establish one additional school serving the same	207
grade levels and providing the same educational program as the	208
current start-up school and may open that additional school in the	209
2007-2008 school year, if both of the following conditions are	210
met:	211

(1) The governing authority entered into another contract	212
with the same sponsor or a different sponsor described in	213
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	214
and filed a copy of that contract with the superintendent of	215
public instruction prior to March 15, 2006.	216

(2) The governing authority's current school satisfies all of	217
the following conditions:	218

(a) The school currently is rated as excellent or effective	219
pursuant to section 3302.03 of the Revised Code.	220

(b) The school made adequate yearly progress, as defined in	221
section 3302.01 of the Revised Code, for the previous school year.	222

(c) The school has been in operation for at least four school	223
years.	224

(d) The school is not managed by an operator.

225

(C) Notwithstanding division (A) of this section, the	226
governing authority of a start-up school sponsored by the big	227
eight school district in which the school is located may establish	228
one additional start-up school that is located in the same school	229
district and that provides a general educational program to	230
students in any or all of grades kindergarten through five to	231
facilitate their transition to the current start-up school, and	232
may open the additional start-up school in the 2009-2010 school	233
year, if both of the following conditions are met:	234

(1) The governing authority enters into another contract with	235
the same sponsor and files a copy of the contract with the	236
superintendent of public instruction prior to March 15, 2009.	237

(2) The governing authority's current school satisfies all of	238
the following conditions:	239

(a) The school provided instruction to students for eleven	240
months in the previous school year.	241

(b) The school has been in operation for at least two school	242
years.	243

(c) The school qualified to be rated in need of continuous	244
improvement or higher pursuant to section 3302.03 of the Revised	245
Code for its first school year of operation, even though the	246
department of education did not issue a report card for the school	247
for that school year.	248

Sec. 3314.02.  (A) As used in this chapter:

249

(1) "Sponsor" means an entity listed in division (C)(1) of	250
this section, which has been approved by the department of	251
education to sponsor community schools and with which the	252
governing authority of the proposed community school enters into a	253
contract pursuant to this section.	254

(2) "Pilot project area" means the school districts included	255
in the territory of the former community school pilot project	256
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	257
the 122nd general assembly.	258

(3) "Challenged school district" means any of the following:

259

(a) A school district that is part of the pilot project area;

260

(b) A school district that is either in a state of academic	261
emergency or in a state of academic watch under section 3302.03 of	262
the Revised Code;	263

(c) A big eight school district.

264

(4) "Big eight school district" means a school district that	265
for fiscal year 1997 had both of the following:	266

(a) A percentage of children residing in the district and	267
participating in the predecessor of Ohio works first greater than	268
thirty per cent, as reported pursuant to section 3317.10 of the	269
Revised Code;	270

(b) An average daily membership greater than twelve thousand,	271
as reported pursuant to former division (A) of section 3317.03 of	272
the Revised Code.	273

(5) "New start-up school" means a community school other than	274
one created by converting all or part of an existing public school	275
or educational service center building, as designated in the	276
school's contract pursuant to division (A)(17) of section 3314.03	277
of the Revised Code.	278

(6) "Urban school district" means one of the state's	279
twenty-one urban school districts as defined in division (O) of	280
section 3317.02 of the Revised Code as that section existed prior	281
to July 1, 1998.	282

(7) "Internet- or computer-based community school" means a	283
community school established under this chapter in which the	284
enrolled students work primarily from their residences on	285
assignments in nonclassroom-based learning opportunities provided	286
via an internet- or other computer-based instructional method that	287
does not rely on regular classroom instruction or via	288
comprehensive instructional methods that include internet-based,	289
other computer-based, and noncomputer-based learning	290
opportunities.	291

(B) Any person or group of individuals may initially propose	292
under this division the conversion of all or a portion of a public	293
school or a building operated by an educational service center to	294
a community school. The proposal shall be made to the board of	295
education of the city, local, exempted village, or joint	296
vocational school district in which the public school is proposed	297
to be converted or, in the case of the conversion of a building	298
operated by an educational service center, to the governing board	299
of the service center. Upon receipt of a proposal, a board may	300
enter into a preliminary agreement with the person or group	301
proposing the conversion of the public school or service center	302
building, indicating the intention of the board to support the	303
conversion to a community school. A proposing person or group that	304
has a preliminary agreement under this division may proceed to	305
finalize plans for the school, establish a governing authority for	306
the school, and negotiate a contract with the board. Provided the	307
proposing person or group adheres to the preliminary agreement and	308
all provisions of this chapter, the board shall negotiate in good	309
faith to enter into a contract in accordance with section 3314.03	310
of the Revised Code and division (C) of this section.	311

(C)(1) Any person or group of individuals may propose under	312
this division the establishment of a new start-up school to be	313
located in a challenged school district. The proposal may be made	314
to any of the following entities:	315

(a) The board of education of the district in which the	316
school is proposed to be located;	317

(b) The board of education of any joint vocational school	318
district with territory in the county in which is located the	319
majority of the territory of the district in which the school is	320
proposed to be located;	321

(c) The board of education of any other city, local, or	322
exempted village school district having territory in the same	323
county where the district in which the school is proposed to be	324
located has the major portion of its territory;	325

(d) The governing board of any educational service center, as	326
long as the proposed school will be located in a county within the	327
territory of the service center or in a county contiguous to such	328
county;	329

(e) A sponsoring authority designated by the board of	330
trustees of any of the thirteen state universities listed in	331
section 3345.011 of the Revised Code or the board of trustees	332
itself as long as a mission of the proposed school to be specified	333
in the contract under division (A)(2) of section 3314.03 of the	334
Revised Code and as approved by the department of education under	335
division (B)(2) of section 3314.015 of the Revised Code will be	336
the practical demonstration of teaching methods, educational	337
technology, or other teaching practices that are included in the	338
curriculum of the university's teacher preparation program	339
approved by the state board of education;	340

(f) Any qualified tax-exempt entity under section 501(c)(3)	341
of the Internal Revenue Code as long as all of the following	342
conditions are satisfied:	343

(i) The entity has been in operation for at least five years	344
prior to applying to be a community school sponsor.	345

(ii) The entity has assets of at least five hundred thousand	346
dollars and a demonstrated record of financial responsibility.	347

(iii) The department of education has determined that the	348
entity is an education-oriented entity under division (B)(3) of	349
section 3314.015 of the Revised Code and the entity has a	350
demonstrated record of successful implementation of educational	351
programs.	352

(iv) The entity is not a community school.

353

Any entity described in division (C)(1) of this section may	354
enter into a preliminary agreement pursuant to division (C)(2) of	355
this section with the proposing person or group.	356

(2) A preliminary agreement indicates the intention of an	357
entity described in division (C)(1) of this section to sponsor the	358
community school. A proposing person or group that has such a	359
preliminary agreement may proceed to finalize plans for the	360
school, establish a governing authority as described in division	361
(E) of this section for the school, and negotiate a contract with	362
the entity. Provided the proposing person or group adheres to the	363
preliminary agreement and all provisions of this chapter, the	364
entity shall negotiate in good faith to enter into a contract in	365
accordance with section 3314.03 of the Revised Code.	366

(3) A new start-up school that is established in a school	367
district while that district is either in a state of academic	368
emergency or in a state of academic watch under section 3302.03 of	369
the Revised Code may continue in existence once the school	370
district is no longer in a state of academic emergency or academic	371
watch, provided there is a valid contract between the school and a	372
sponsor.	373

(4) A copy of every preliminary agreement entered into under	374
this division shall be filed with the superintendent of public	375
instruction.	376

(D) A majority vote of the board of a sponsoring entity and a	377
majority vote of the members of the governing authority of a	378
community school shall be required to adopt a contract and convert	379
the public school or educational service center building to a	380
community school or establish the new start-up school. Beginning	381
September 29, 2005, adoption of the contract shall occur not later	382
than the fifteenth day of March, and signing of the contract shall	383
occur not later than the fifteenth day of May, prior to the school	384
year in which the school will open. The governing authority shall	385
notify the department of education when the contract has been	386
signed. Subject to sections 3314.013, 3314.014, 3314.016, and	387
3314.017 of the Revised Code, an unlimited number of community	388
schools may be established in any school district provided that a	389
contract is entered into for each community school pursuant to	390
this chapter.	391

(E)(1) As used in this division, "immediate relatives" are	392
limited to spouses, children, parents, grandparents, siblings, and	393
in-laws.	394

Each new start-up community school established under this	395
chapter shall be under the direction of a governing authority	396
which shall consist of a board of not less than five individuals.	397

No person shall serve on the governing authority or operate	398
the community school under contract with the governing authority	399
so long as the person owes the state any money or is in a dispute	400
over whether the person owes the state any money concerning the	401
operation of a community school that has closed.	402

(2) No person shall serve on the governing authorities of	403
more than two start-up community schools at the same time.	404

(3) No present or former member, or immediate relative of a	405
present or former member, of the governing authority of any	406
community school established under this chapter shall be an owner,	407
employee, or consultant of any nonprofit or for-profit operator of	408
a community school, unless at least one year has elapsed since the	409
conclusion of the person's membership.	410

(F)(1) A new start-up school that is established prior to	411
August 15, 2003, in an urban school district that is not also a	412
big-eight school district may continue to operate after that date	413
and the contract between the school's governing authority and the	414
school's sponsor may be renewed, as provided under this chapter,	415
after that date, but no additional new start-up schools may be	416
established in such a district unless the district is a challenged	417
school district as defined in this section as it exists on and	418
after that date.	419

(2) A community school that was established prior to June 29,	420
1999, and is located in a county contiguous to the pilot project	421
area and in a school district that is not a challenged school	422
district may continue to operate after that date, provided the	423
school complies with all provisions of this chapter. The contract	424
between the school's governing authority and the school's sponsor	425
may be renewed, but no additional start-up community school may be	426
established in that district unless the district is a challenged	427
school district.	428

(3) Any educational service center that, on June 30, 2007,	429
sponsors a community school that is not located in a county within	430
the territory of the service center or in a county contiguous to	431
such county may continue to sponsor that community school on and	432
after June 30, 2007, and may renew its contract with the school.	433
However, the educational service center shall not enter into a	434
contract with any additional community school unless the school is	435
located in a county within the territory of the service center or	436
in a county contiguous to such county.	437

Sec. 3314.021. (A) This section applies to any entity that is	438
exempt from taxation under section 501(c)(3) of the Internal	439
Revenue Code and that satisfies the conditions specified in	440
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	441
Revised Code but does not satisfy the condition specified in	442
division (C)(1)(f)(i) of that section.	443

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	444
of the Revised Code, an entity described in division (A) of this	445
section may do both of the following without obtaining the	446
department of education's initial approval of its sponsorship	447
under divisions (A)(2) and (B)(1) of section 3314.015 of the	448
Revised Code:	449

(1) Succeed the board of trustees of a state university	450
located in the pilot project area or that board's designee as the	451
sponsor of a community school established under this chapter;	452

(2) Continue to sponsor that school in conformance with the	453
terms of the contract between the board of trustees or its	454
designee and the governing authority of the community school and	455
renew that contract as provided in division (E) of section 3314.03	456
of the Revised Code.	457

(C) The entity that succeeds the board of trustees or the	458
board's designee as sponsor of a community school under division	459
(B) of this section also may enter into contracts to sponsor other	460
community schools located in any challenged school district,	461
without obtaining the department's initial approval of its	462
sponsorship of those schools under divisions (A)(2) and (B)(1) of	463
section 3314.015 of the Revised Code, and not subject to the	464
restriction of division (A)(7) of section 3314.013 of the Revised	465
Code, as long as the contracts conform with and the entity	466
complies with all other requirements of this chapter.	467

(D) Regardless of the entity's authority to sponsor community	468
schools without the initial approval of the department, the entity	469
is under the continuing oversight of the department in accordance	470
with rules adopted under section 3314.015 of the Revised Code.	471

Sec. 3314.03.  A copy of every contract entered into under	472
this section shall be filed with the superintendent of public	473
instruction.	474

(A) Each contract entered into between a sponsor and the	475
governing authority of a community school shall specify the	476
following:	477

(1) That the school shall be established as either of the	478
following:	479

(a) A nonprofit corporation established under Chapter 1702.	480
of the Revised Code, if established prior to April 8, 2003;	481

(b) A public benefit corporation established under Chapter	482
1702. of the Revised Code, if established after April 8, 2003.	483

(2) The education program of the school, including the	484
school's mission, the characteristics of the students the school	485
is expected to attract, the ages and grades of students, and the	486
focus of the curriculum;	487

(3) The academic goals to be achieved and the method of	488
measurement that will be used to determine progress toward those	489
goals, which shall include the statewide achievement assessments;	490

(4) Performance standards by which the success of the school	491
will be evaluated by the sponsor;	492

(5) The admission standards of section 3314.06 of the Revised	493
Code and, if applicable, section 3314.061 of the Revised Code;	494

(6)(a) Dismissal procedures;

495

(b) A requirement that the governing authority adopt an	496
attendance policy that includes a procedure for automatically	497
withdrawing a student from the school if the student without a	498
legitimate excuse fails to participate in one hundred five	499
consecutive hours of the learning opportunities offered to the	500
student.	501

(7) The ways by which the school will achieve racial and	502
ethnic balance reflective of the community it serves;	503

(8) Requirements for financial audits by the auditor of	504
state. The contract shall require financial records of the school	505
to be maintained in the same manner as are financial records of	506
school districts, pursuant to rules of the auditor of state.	507
Audits shall be conducted in accordance with section 117.10 of the	508
Revised Code.	509

(9) The facilities to be used and their locations;

510

(10) Qualifications of teachers, including the following:

511

(a) A requirement that the school's classroom teachers be	512
licensed in accordance with sections 3319.22 to 3319.31 of the	513
Revised Code, except that a community school may engage	514
noncertificated persons to teach up to twelve hours per week	515
pursuant to section 3319.301 of the Revised Code;	516

(b) A requirement that each classroom teacher initially hired	517
by the school on or after July 1, 2013, and employed to provide	518
instruction in physical education hold a valid license issued	519
pursuant to section 3319.22 of the Revised Code for teaching	520
physical education.	521

(11) That the school will comply with the following	522
requirements:	523

(a) The school will provide learning opportunities to a	524
minimum of twenty-five students for a minimum of nine hundred	525
twenty hours per school year.	526

(b) The governing authority will purchase liability	527
insurance, or otherwise provide for the potential liability of the	528
school.	529

(c) The school will be nonsectarian in its programs,	530
admission policies, employment practices, and all other	531
operations, and will not be operated by a sectarian school or	532
religious institution.	533

(d) The school will comply with sections 9.90, 9.91, 109.65,	534
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	535
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	536
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	537
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	538
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	539
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817	540
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	541
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	542
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	543
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	544
and 4167. of the Revised Code as if it were a school district and	545
will comply with section 3301.0714 of the Revised Code in the	546
manner specified in section 3314.17 of the Revised Code.	547

(e) The school shall comply with Chapter 102. and section	548
2921.42 of the Revised Code.	549

(f) The school will comply with sections 3313.61, 3313.611,	550
and 3313.614 of the Revised Code, except that for students who	551
enter ninth grade for the first time before July 1, 2010, the	552
requirement in sections 3313.61 and 3313.611 of the Revised Code	553
that a person must successfully complete the curriculum in any	554
high school prior to receiving a high school diploma may be met by	555
completing the curriculum adopted by the governing authority of	556
the community school rather than the curriculum specified in Title	557
XXXIII of the Revised Code or any rules of the state board of	558
education. Beginning with students who enter ninth grade for the	559
first time on or after July 1, 2010, the requirement in sections	560
3313.61 and 3313.611 of the Revised Code that a person must	561
successfully complete the curriculum of a high school prior to	562
receiving a high school diploma shall be met by completing the	563
Ohio core curriculum prescribed in division (C) of section	564
3313.603 of the Revised Code, unless the person qualifies under	565
division (D) or (F) of that section. Each school shall comply with	566
the plan for awarding high school credit based on demonstration of	567
subject area competency, adopted by the state board of education	568
under division (J) of section 3313.603 of the Revised Code.	569

(g) The school governing authority will submit within four	570
months after the end of each school year a report of its	571
activities and progress in meeting the goals and standards of	572
divisions (A)(3) and (4) of this section and its financial status	573
to the sponsor and the parents of all students enrolled in the	574
school.	575

(h) The school, unless it is an internet- or computer-based	576
community school, will comply with sections 3313.674 and 3313.801	577
of the Revised Code as if it were a school district.	578

(12) Arrangements for providing health and other benefits to	579
employees;	580

(13) The length of the contract, which shall begin at the	581
beginning of an academic year. No contract shall exceed five years	582
unless such contract has been renewed pursuant to division (E) of	583
this section.	584

(14) The governing authority of the school, which shall be	585
responsible for carrying out the provisions of the contract;	586

(15) A financial plan detailing an estimated school budget	587
for each year of the period of the contract and specifying the	588
total estimated per pupil expenditure amount for each such year.	589
The plan shall specify for each year the base formula amount that	590
will be used for purposes of funding calculations under section	591
3314.08 of the Revised Code. This base formula amount for any year	592
shall not exceed the formula amount defined under section 3317.02	593
of the Revised Code. The plan may also specify for any year a	594
percentage figure to be used for reducing the per pupil amount of	595
the subsidy calculated pursuant to section 3317.029 of the Revised	596
Code the school is to receive that year under section 3314.08 of	597
the Revised Code.	598

(16) Requirements and procedures regarding the disposition of	599
employees of the school in the event the contract is terminated or	600
not renewed pursuant to section 3314.07 of the Revised Code;	601

(17) Whether the school is to be created by converting all or	602
part of an existing public school or educational service center	603
building or is to be a new start-up school, and if it is a	604
converted public school or service center building, specification	605
of any duties or responsibilities of an employer that the board of	606
education or service center governing board that operated the	607
school or building before conversion is delegating to the	608
governing authority of the community school with respect to all or	609
any specified group of employees provided the delegation is not	610
prohibited by a collective bargaining agreement applicable to such	611
employees;	612

(18) Provisions establishing procedures for resolving	613
disputes or differences of opinion between the sponsor and the	614
governing authority of the community school;	615

(19) A provision requiring the governing authority to adopt a	616
policy regarding the admission of students who reside outside the	617
district in which the school is located. That policy shall comply	618
with the admissions procedures specified in sections 3314.06 and	619
3314.061 of the Revised Code and, at the sole discretion of the	620
authority, shall do one of the following:	621

(a) Prohibit the enrollment of students who reside outside	622
the district in which the school is located;	623

(b) Permit the enrollment of students who reside in districts	624
adjacent to the district in which the school is located;	625

(c) Permit the enrollment of students who reside in any other	626
district in the state.	627

(20) A provision recognizing the authority of the department	628
of education to take over the sponsorship of the school in	629
accordance with the provisions of division (C) of section 3314.015	630
of the Revised Code;	631

(21) A provision recognizing the sponsor's authority to	632
assume the operation of a school under the conditions specified in	633
division (B) of section 3314.073 of the Revised Code;	634

(22) A provision recognizing both of the following:

635

(a) The authority of public health and safety officials to	636
inspect the facilities of the school and to order the facilities	637
closed if those officials find that the facilities are not in	638
compliance with health and safety laws and regulations;	639

(b) The authority of the department of education as the	640
community school oversight body to suspend the operation of the	641
school under section 3314.072 of the Revised Code if the	642
department has evidence of conditions or violations of law at the	643
school that pose an imminent danger to the health and safety of	644
the school's students and employees and the sponsor refuses to	645
take such action;	646

(23) A description of the learning opportunities that will be	647
offered to students including both classroom-based and	648
non-classroom-based learning opportunities that is in compliance	649
with criteria for student participation established by the	650
department under division (L)(2) of section 3314.08 of the Revised	651
Code;	652

(24) The school will comply with sections 3302.04 and	653
3302.041 of the Revised Code, except that any action required to	654
be taken by a school district pursuant to those sections shall be	655
taken by the sponsor of the school. However, the sponsor shall not	656
be required to take any action described in division (F) of	657
section 3302.04 of the Revised Code.	658

(25) Beginning in the 2006-2007 school year, the school will	659
open for operation not later than the thirtieth day of September	660
each school year, unless the mission of the school as specified	661
under division (A)(2) of this section is solely to serve dropouts.	662
In its initial year of operation, if the school fails to open by	663
the thirtieth day of September, or within one year after the	664
adoption of the contract pursuant to division (D) of section	665
3314.02 of the Revised Code if the mission of the school is solely	666
to serve dropouts, the contract shall be void.	667

(B) The community school shall also submit to the sponsor a	668
comprehensive plan for the school. The plan shall specify the	669
following:	670

(1) The process by which the governing authority of the	671
school will be selected in the future;	672

(2) The management and administration of the school;

673

(3) If the community school is a currently existing public	674
school or educational service center building, alternative	675
arrangements for current public school students who choose not to	676
attend the converted school and for teachers who choose not to	677
teach in the school or building after conversion;	678

(4) The instructional program and educational philosophy of	679
the school;	680

(5) Internal financial controls.

681

(C) A contract entered into under section 3314.02 of the	682
Revised Code between a sponsor and the governing authority of a	683
community school may provide for the community school governing	684
authority to make payments to the sponsor, which is hereby	685
authorized to receive such payments as set forth in the contract	686
between the governing authority and the sponsor. The total amount	687
of such payments for oversight and monitoring of the school shall	688
not exceed three per cent of the total amount of payments for	689
operating expenses that the school receives from the state.	690

(D) The contract shall specify the duties of the sponsor	691
which shall be in accordance with the written agreement entered	692
into with the department of education under division (B) of	693
section 3314.015 of the Revised Code and shall include the	694
following:	695

(1) Monitor the community school's compliance with all laws	696
applicable to the school and with the terms of the contract;	697

(2) Monitor and evaluate the academic and fiscal performance	698
and the organization and operation of the community school on at	699
least an annual basis;	700

(3) Report on an annual basis the results of the evaluation	701
conducted under division (D)(2) of this section to the department	702
of education and to the parents of students enrolled in the	703
community school;	704

(4) Provide technical assistance to the community school in	705
complying with laws applicable to the school and terms of the	706
contract;	707

(5) Take steps to intervene in the school's operation to	708
correct problems in the school's overall performance, declare the	709
school to be on probationary status pursuant to section 3314.073	710
of the Revised Code, suspend the operation of the school pursuant	711
to section 3314.072 of the Revised Code, or terminate the contract	712
of the school pursuant to section 3314.07 of the Revised Code as	713
determined necessary by the sponsor;	714

(6) Have in place a plan of action to be undertaken in the	715
event the community school experiences financial difficulties or	716
closes prior to the end of a school year.	717

(E) Upon the expiration of a contract entered into under this	718
section, the sponsor of a community school may, with the approval	719
of the governing authority of the school, renew that contract for	720
a period of time determined by the sponsor, but not ending earlier	721
than the end of any school year, if the sponsor finds that the	722
school's compliance with applicable laws and terms of the contract	723
and the school's progress in meeting the academic goals prescribed	724
in the contract have been satisfactory. Any contract that is	725
renewed under this division remains subject to the provisions of	726
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	727

(F) If a community school fails to open for operation within	728
one year after the contract entered into under this section is	729
adopted pursuant to division (D) of section 3314.02 of the Revised	730
Code or permanently closes prior to the expiration of the	731
contract, the contract shall be void and the school shall not	732
enter into a contract with any other sponsor. A school shall not	733
be considered permanently closed because the operations of the	734
school have been suspended pursuant to section 3314.072 of the	735
Revised Code. Any contract that becomes void under this division	736
shall not count toward any statewide limit on the number of such	737
contracts prescribed by section 3314.013 of the Revised Code.	738

Sec. 3314.05.  (A) The contract between the community school	739
and the sponsor shall specify the facilities to be used for the	740
community school and the method of acquisition. Except as provided	741
in division (B)(3) of this section, no community school shall be	742
established in more than one school district under the same	743
contract.	744

(B) Division (B) of this section shall not apply to internet-	745
or computer-based community schools.	746

(1) A community school may be located in multiple facilities	747
under the same contract only if the limitations on availability of	748
space prohibit serving all the grade levels specified in the	749
contract in a single facility or division (B)(2) or (3) of this	750
section applies to the school. The school shall not offer the same	751
grade level classrooms in more than one facility.	752

(2) A community school may be located in multiple facilities	753
under the same contract and, notwithstanding division (B)(1) of	754
this section, may assign students in the same grade level to	755
multiple facilities, as long as all of the following apply:	756

(a) The governing authority of the community school filed a	757
copy of its contract with the school's sponsor under section	758
3314.03 of the Revised Code with the superintendent of public	759
instruction on or before May 15, 2008.	760

(b) The school was not open for operation prior to July 1,	761
2008.	762

(c) The governing authority has entered into and maintains a	763
contract with an operator of the type described in division	764
(A)(2)(B) of section 3314.014 of the Revised Code.	765

(d) The contract with that operator qualified the school to	766
be established pursuant to division (A) of section 3314.016 of the	767
Revised Code.	768

(e) The school's rating under section 3302.03 of the Revised	769
Code does not fall below "in need of continuous improvement" for	770
two or more consecutive years.	771

(3) A new start-up community school may be established in two	772
school districts under the same contract if all of the following	773
apply:	774

(a) At least one of the school districts in which the school	775
is established is a challenged school district;	776

(b) The school operates not more than one facility in each	777
school district and, in accordance with division (B)(1) of this	778
section, the school does not offer the same grade level classrooms	779
in both facilities; and	780

(c) Transportation between the two facilities does not	781
require more than thirty minutes of direct travel time as measured	782
by school bus.	783

In the case of a community school to which division (B)(3) of	784
this section applies, if only one of the school districts in which	785
the school is established is a challenged school district, that	786
district shall be considered the school's primary location and the	787
district in which the school is located for the purposes of	788
division (A)(19) of section 3314.03 and divisions (C) and (H) of	789
section 3314.06 of the Revised Code and for all other purposes of	790
this chapter. If both of the school districts in which the school	791
is established are challenged school districts, the school's	792
governing authority shall designate one of those districts to be	793
considered the school's primary location and the district in which	794
the school is located for the purposes of those divisions and all	795
other purposes of this chapter and shall notify the department of	796
education of that designation.	797

(4) Any facility used for a community school shall meet all	798
health and safety standards established by law for school	799
buildings.	800

(C) In the case where a community school is proposed to be	801
located in a facility owned by a school district or educational	802
service center, the facility may not be used for such community	803
school unless the district or service center board owning the	804
facility enters into an agreement for the community school to	805
utilize the facility. Use of the facility may be under any terms	806
and conditions agreed to by the district or service center board	807
and the school.	808

Sec. 3319.22.  (A)(1) The state board of education shall	809
issue the following educator licenses:	810

(a) A resident educator license, which shall be valid for	811
four years, except that the state board, on a case-by-case basis,	812
may extend the license's duration as necessary to enable the	813
license holder to complete the Ohio teacher residency program	814
established under section 3319.223 of the Revised Code;	815

(b) A professional educator license, which shall be valid for	816
five years and shall be renewable;	817

(c) A senior professional educator license, which shall be	818
valid for five years and shall be renewable;	819

(d) A lead professional educator license, which shall be	820
valid for five years and shall be renewable.	821

(2) The state board may issue any additional educator	822
licenses of categories, types, and levels the board elects to	823
provide.	824

(3) The state board shall adopt rules establishing the	825
standards and requirements for obtaining each educator license	826
issued under this section.	827

(B) The rules adopted under this section shall require at	828
least the following standards and qualifications for the educator	829
licenses described in division (A)(1) of this section:	830

(1) An applicant for a resident educator license shall hold	831
at least a bachelor's degree from an accredited teacher	832
preparation program.	833

(2) An applicant for a professional educator license shall:

834

(a) Hold at least a bachelor's degree from an institution of	835
higher education accredited by a regional accrediting	836
organization;	837

(b) Have successfully completed the Ohio teacher residency	838
program established under section 3319.223 of the Revised Code, if	839
the applicant's current or most recently issued license is a	840
resident educator license issued under this section or an	841
alternative resident educator license issued under section 3319.26	842
of the Revised Code;	843

(c) Demonstrate that students in the applicant's classroom	844
have achieved the applicable value-added measure specified in	845
division (D) of this section.	846

(3) An applicant for a senior professional educator license	847
shall:	848

(a) Hold at least a master's degree from an institution of	849
higher education accredited by a regional accrediting	850
organization;	851

(b) Have previously held a professional educator license	852
issued under this section or section 3319.222 or under former	853
section 3319.22 of the Revised Code;	854

(c) Meet the criteria for the accomplished or distinguished	855
level of performance, as described in the standards for teachers	856
adopted by the state board under section 3319.61 of the Revised	857
Code;	858

(d) Demonstrate that students in the applicant's classroom	859
have achieved the applicable value-added measure specified in	860
division (D) of this section.	861

(4) An applicant for a lead professional educator license	862
shall:	863

(a) Hold at least a master's degree from an institution of	864
higher education accredited by a regional accrediting	865
organization;	866

(b) Have previously held a professional educator license or a	867
senior professional educator license issued under this section or	868
a professional educator license issued under section 3319.222 or	869
former section 3319.22 of the Revised Code;	870

(c) Meet the criteria for the distinguished level of	871
performance, as described in the standards for teachers adopted by	872
the state board under section 3319.61 of the Revised Code;	873

(d) Either hold a valid certificate issued by the national	874
board for professional teaching standards or meet the criteria for	875
a master teacher or other criteria for a lead teacher adopted by	876
the educator standards board under division (F)(4) or (5) of	877
section 3319.61 of the Revised Code;	878

(e) Demonstrate that students in the applicant's classroom	879
have achieved the applicable value-added measure specified in	880
division (D) of this section.	881

(C) The state board shall align the standards and	882
qualifications for obtaining a principal license with the	883
standards for principals adopted by the state board under section	884
3319.61 of the Revised Code. The rules adopted under this section	885
for obtaining a principal license shall require that an applicant,	886
as a condition of qualifying for the license, demonstrate that	887
students in the applicant's classroom have achieved the applicable	888
value-added measure specified in division (D) of this section, if	889
the applicant is a classroom teacher seeking issuance of a new	890
principal license, or that students in the applicant's building	891
have achieved the applicable value-added measure specified in that	892
division, if the applicant is a principal seeking renewal of a	893
principal license.	894

(D) For the purpose of evaluating applicants for teacher and	895
principal licenses under divisions (B) and (C) of this section,	896
the state board shall use the following value-added measure:	897

(1) For teachers who provide instruction to students in	898
reading or mathematics in any of grades four to eight, one	899
standard year of academic growth for the applicable grade level,	900
as determined by the department of education in accordance with	901
rules adopted under division (A) of section 3302.021 of the	902
Revised Code, in each of those subject areas in which the teacher	903
provides instruction;	904

(2) For teachers who provide instruction in a course for	905
which an end-of-course examination has been selected under section	906
3301.0712 of the Revised Code, a standardized measure of	907
improvement in student achievement designated by the	908
superintendent of public instruction as applied to performance on	909
that examination by students enrolled in the teacher's course. If	910
a teacher provides instruction in more than one course for which	911
an end-of-course examination has been selected, the measure shall	912
account for student performance on each end-of-course examination	913
administered in a course taught by the teacher.	914

(3) For teachers to whom divisions (D)(1) and (2) of this	915
section do not apply, a value-added measure designated by the	916
superintendent of public instruction;	917

(4) For principals of schools in which a majority of the	918
grades offered are in the range from grade four to grade eight,	919
one standard year of academic growth in reading and mathematics	920
for each such grade level offered by the school, as determined by	921
the department in accordance with rules adopted under division (A)	922
of section 3302.021 of the Revised Code;	923

(5) For principals of schools in which a majority of the	924
grades offered are in the range from grade nine to grade twelve, a	925
standardized measure of improvement in student achievement	926
designated by the superintendent of public instruction as applied	927
to student performance on all end-of-course examinations selected	928
under section 3301.0712 of the Revised Code that are administered	929
by the school;	930

(6) For principals to whom divisions (D)(4) and (5) of this	931
section do not apply, a value-added measure designated by the	932
superintendent of public instruction.	933

(E) If the state board requires any examinations for educator	934
licensure, the department of education shall provide the results	935
of such examinations received by the department to the chancellor	936
of the Ohio board of regents, in the manner and to the extent	937
permitted by state and federal law.	938

(E)(F) Any rules the state board of education adopts, amends,	939
or rescinds for educator licenses under this section, division (D)	940
of section 3301.07 of the Revised Code, or any other law shall be	941
adopted, amended, or rescinded under Chapter 119. of the Revised	942
Code except as follows:	943

(1) Notwithstanding division (D) of section 119.03 and	944
division (A)(1) of section 119.04 of the Revised Code, in the case	945
of the adoption of any rule or the amendment or rescission of any	946
rule that necessitates institutions' offering preparation programs	947
for educators and other school personnel that are approved by the	948
chancellor of the Ohio board of regents under section 3333.048 of	949
the Revised Code to revise the curriculum of those programs, the	950
effective date shall not be as prescribed in division (D) of	951
section 119.03 and division (A)(1) of section 119.04 of the	952
Revised Code. Instead, the effective date of such rules, or the	953
amendment or rescission of such rules, shall be the date	954
prescribed by section 3333.048 of the Revised Code.	955

(2) Notwithstanding the authority to adopt, amend, or rescind	956
emergency rules in division (F) of section 119.03 of the Revised	957
Code, this authority shall not apply to the state board of	958
education with regard to rules for educator licenses.	959

(F)(G)(1) The rules adopted under this section establishing	960
standards requiring additional coursework for the renewal of any	961
educator license shall require a school district and a chartered	962
nonpublic school to establish local professional development	963
committees. In a nonpublic school, the chief administrative	964
officer shall establish the committees in any manner acceptable to	965
such officer. The committees established under this division shall	966
determine whether coursework that a district or chartered	967
nonpublic school teacher proposes to complete meets the	968
requirement of the rules. The department of education shall	969
provide technical assistance and support to committees as the	970
committees incorporate the professional development standards	971
adopted by the state board of education pursuant to section	972
3319.61 of the Revised Code into their review of coursework that	973
is appropriate for license renewal. The rules shall establish a	974
procedure by which a teacher may appeal the decision of a local	975
professional development committee.	976

(2) In any school district in which there is no exclusive	977
representative established under Chapter 4117. of the Revised	978
Code, the professional development committees shall be established	979
as described in division (F)(G)(2) of this section.	980

Not later than the effective date of the rules adopted under	981
this section, the board of education of each school district shall	982
establish the structure for one or more local professional	983
development committees to be operated by such school district. The	984
committee structure so established by a district board shall	985
remain in effect unless within thirty days prior to an anniversary	986
of the date upon which the current committee structure was	987
established, the board provides notice to all affected district	988
employees that the committee structure is to be modified.	989
Professional development committees may have a district-level or	990
building-level scope of operations, and may be established with	991
regard to particular grade or age levels for which an educator	992
license is designated.	993

Each professional development committee shall consist of at	994
least three classroom teachers employed by the district, one	995
principal employed by the district, and one other employee of the	996
district appointed by the district superintendent. For committees	997
with a building-level scope, the teacher and principal members	998
shall be assigned to that building, and the teacher members shall	999
be elected by majority vote of the classroom teachers assigned to	1000
that building. For committees with a district-level scope, the	1001
teacher members shall be elected by majority vote of the classroom	1002
teachers of the district, and the principal member shall be	1003
elected by a majority vote of the principals of the district,	1004
unless there are two or fewer principals employed by the district,	1005
in which case the one or two principals employed shall serve on	1006
the committee. If a committee has a particular grade or age level	1007
scope, the teacher members shall be licensed to teach such grade	1008
or age levels, and shall be elected by majority vote of the	1009
classroom teachers holding such a license and the principal shall	1010
be elected by all principals serving in buildings where any such	1011
teachers serve. The district superintendent shall appoint a	1012
replacement to fill any vacancy that occurs on a professional	1013
development committee, except in the case of vacancies among the	1014
elected classroom teacher members, which shall be filled by vote	1015
of the remaining members of the committee so selected.	1016

Terms of office on professional development committees shall	1017
be prescribed by the district board establishing the committees.	1018
The conduct of elections for members of professional development	1019
committees shall be prescribed by the district board establishing	1020
the committees. A professional development committee may include	1021
additional members, except that the majority of members on each	1022
such committee shall be classroom teachers employed by the	1023
district. Any member appointed to fill a vacancy occurring prior	1024
to the expiration date of the term for which a predecessor was	1025
appointed shall hold office as a member for the remainder of that	1026
term.	1027

The initial meeting of any professional development	1028
committee, upon election and appointment of all committee members,	1029
shall be called by a member designated by the district	1030
superintendent. At this initial meeting, the committee shall	1031
select a chairperson and such other officers the committee deems	1032
necessary, and shall adopt rules for the conduct of its meetings.	1033
Thereafter, the committee shall meet at the call of the	1034
chairperson or upon the filing of a petition with the district	1035
superintendent signed by a majority of the committee members	1036
calling for the committee to meet.	1037

(3) In the case of a school district in which an exclusive	1038
representative has been established pursuant to Chapter 4117. of	1039
the Revised Code, professional development committees shall be	1040
established in accordance with any collective bargaining agreement	1041
in effect in the district that includes provisions for such	1042
committees.	1043

If the collective bargaining agreement does not specify a	1044
different method for the selection of teacher members of the	1045
committees, the exclusive representative of the district's	1046
teachers shall select the teacher members.	1047

If the collective bargaining agreement does not specify a	1048
different structure for the committees, the board of education of	1049
the school district shall establish the structure, including the	1050
number of committees and the number of teacher and administrative	1051
members on each committee; the specific administrative members to	1052
be part of each committee; whether the scope of the committees	1053
will be district levels, building levels, or by type of grade or	1054
age levels for which educator licenses are designated; the lengths	1055
of terms for members; the manner of filling vacancies on the	1056
committees; and the frequency and time and place of meetings.	1057
However, in all cases, except as provided in division (F)(G)(4) of	1058
this section, there shall be a majority of teacher members of any	1059
professional development committee, there shall be at least five	1060
total members of any professional development committee, and the	1061
exclusive representative shall designate replacement members in	1062
the case of vacancies among teacher members, unless the collective	1063
bargaining agreement specifies a different method of selecting	1064
such replacements.	1065

(4) Whenever an administrator's coursework plan is being	1066
discussed or voted upon, the local professional development	1067
committee shall, at the request of one of its administrative	1068
members, cause a majority of the committee to consist of	1069
administrative members by reducing the number of teacher members	1070
voting on the plan.	1071

(G)(H)(1) The department of education, educational service	1072
centers, county boards of developmental disabilities, regional	1073
professional development centers, special education regional	1074
resource centers, college and university departments of education,	1075
head start programs, the eTech Ohio commission, and the Ohio	1076
education computer network may establish local professional	1077
development committees to determine whether the coursework	1078
proposed by their employees who are licensed or certificated under	1079
this section or section 3319.222 of the Revised Code, or under the	1080
former version of either section as it existed prior to the	1081
effective date of this amendmentOctober 16, 2009, meet the	1082
requirements of the rules adopted under this section. They may	1083
establish local professional development committees on their own	1084
or in collaboration with a school district or other agency having	1085
authority to establish them.	1086

Local professional development committees established by	1087
county boards of developmental disabilities shall be structured in	1088
a manner comparable to the structures prescribed for school	1089
districts in divisions (F)(G)(2) and (3) of this section, as shall	1090
the committees established by any other entity specified in	1091
division (G)(H)(1) of this section that provides educational	1092
services by employing or contracting for services of classroom	1093
teachers licensed or certificated under this section or section	1094
3319.222 of the Revised Code, or under the former version of	1095
either section as it existed prior to the effective date of this	1096
amendmentOctober 16, 2009. All other entities specified in	1097
division (G)(H)(1) of this section shall structure their	1098
committees in accordance with guidelines which shall be issued by	1099
the state board.	1100

(2) Any public agency that is not specified in division	1101
(G)(H)(1) of this section but provides educational services and	1102
employs or contracts for services of classroom teachers licensed	1103
or certificated under this section or section 3319.222 of the	1104
Revised Code, or under the former version of either section as it	1105
existed prior to the effective date of this amendmentOctober 16,	1106
2009, may establish a local professional development committee,	1107
subject to the approval of the department of education. The	1108
committee shall be structured in accordance with guidelines issued	1109
by the state board.	1110

Sec. 3319.223.  (A) Not later than January 1, 2011, the	1111
superintendent of public instruction and the chancellor of the	1112
Ohio board of regents jointly shall establish the Ohio teacher	1113
residency program, which shall be a four-year, entry-level program	1114
for classroom teachers. The teacher residency program shall	1115
include at least the following components:	1116

(1) Mentoring by teachers who hold a lead professional	1117
educator license issued under section 3319.22 of the Revised Code;	1118

(2) Counseling to ensure that program participants receive	1119
needed professional development;	1120

(3) Use of measures of student academic gain to evaluate the	1121
effectiveness of program participants;	1122

(4) Measures of appropriate progression through the program.

1123

(B) The teacher residency program shall be aligned with the	1124
standards for teachers adopted by the state board of education	1125
under section 3319.61 of the Revised Code and best practices	1126
identified by the superintendent of public instruction.	1127

(C) Each person who holds a resident educator license issued	1128
under section 3319.22 of the Revised Code or an alternative	1129
resident educator license issued under section 3319.26 of the	1130
Revised Code shall participate in the teacher residency program.	1131
Successful completion of the program shall be required to qualify	1132
any such person for a professional educator license issued under	1133
section 3319.22 of the Revised Code.	1134

Sec. 3319.227. Notwithstanding any other provision of the	1135
Revised Code or any rule adopted by the state board of education	1136
to the contrary, the state board shall issue an initial	1137
professional educator license under section 3319.22 of the Revised	1138
Code to any applicant who has completed at least two years of	1139
teaching in another state as a participant in the teach for	1140
America program.	1141

Sec. 3319.61. (A) The educator standards board, in	1142
consultation with the chancellor of the Ohio board of regents,	1143
shall do all of the following:	1144

(1) Develop state standards for teachers and principals that	1145
reflect what teachers and principals are expected to know and be	1146
able to do at all stages of their careers. These standards shall	1147
be aligned with the statewide academic content standards for	1148
students adopted pursuant to section 3301.079 of the Revised Code,	1149
be primarily based on educator performance instead of years of	1150
experience or certain courses completed, and rely on	1151
evidence-based factors. These standards shall also be aligned with	1152
the operating standards adopted under division (D)(3) of section	1153
3301.07 of the Revised Code.	1154

(a) The standards for teachers shall reflect the following	1155
additional criteria:	1156

(i) Alignment with the interstate new teacher assessment and	1157
support consortium standards;	1158

(ii) Differentiation among novice, experienced, and advanced	1159
teachers;	1160

(iii) Reliance on competencies that can be measured;

1161

(iv) Reliance on content knowledge, teaching skills,	1162
discipline-specific teaching methods, and requirements for	1163
professional development;	1164

(v) Alignment with a career-long system of professional	1165
development and evaluation that ensures teachers receive the	1166
support and training needed to achieve the teaching standards as	1167
well as reliable feedback about how well they meet the standards;	1168

(vi) The standards under section 3301.079 of the Revised	1169
Code, including standards on collaborative learning environments	1170
and interdisciplinary, project-based, real-world learning and	1171
differentiated instruction;	1172

(vii) The Ohio leadership framework.

1173

(b) The standards for principals shall be aligned with the	1174
interstate school leaders licensing consortium standards.	1175

(2) Develop standards for school district superintendents	1176
that reflect what superintendents are expected to know and be able	1177
to do at all stages of their careers. The standards shall reflect	1178
knowledge of systems theory and effective management principles	1179
and be aligned with the buckeye association of school	1180
administrators standards and the operating standards developed	1181
under division (D)(3) of section 3301.07 of the Revised Code.	1182

(3) Develop standards for school district treasurers and	1183
business managers that reflect what treasurers and business	1184
managers are expected to know and be able to do at all stages of	1185
their careers. The standards shall reflect knowledge of systems	1186
theory and effective management principles and be aligned with the	1187
association of school business officials international standards	1188
and the operating standards developed under division (D)(3) of	1189
section 3301.07 of the Revised Code.	1190

(4) Develop standards for the renewal of licenses under	1191
sections 3301.074 and 3319.22 of the Revised Code;	1192

(5) Develop standards for educator professional development;

1193

(6) Investigate and make recommendations for the creation,	1194
expansion, and implementation of school building and school	1195
district leadership academies.	1196

The superintendent of public instruction, the chancellor of	1197
the Ohio board of regents, or the education standards board itself	1198
may request that the educator standards board update, review, or	1199
reconsider any standards developed under this section.	1200

(B) The educator standards board shall incorporate indicators	1201
of cultural competency into the standards developed under division	1202
(A) of this section. For this purpose, the educator standards	1203
board shall develop a definition of cultural competency based upon	1204
content and experiences that enable educators to know, understand,	1205
and appreciate the students, families, and communities that they	1206
serve and skills for addressing cultural diversity in ways that	1207
respond equitably and appropriately to the cultural needs of	1208
individual students.	1209

(C) In developing the standards under division (A) of this	1210
section, the educator standards board shall consider the impact of	1211
the standards on closing the achievement gap between students of	1212
different subgroups.	1213

(D) In developing the standards under division (A) of this	1214
section, the educator standards board shall ensure both of the	1215
following:	1216

(1) That teachers have sufficient knowledge to provide	1217
appropriate instruction for students identified as gifted pursuant	1218
to Chapter 3324. of the Revised Code and to assist in the	1219
identification of such students, and have sufficient knowledge	1220
that will enable teachers to provide learning opportunities for	1221
all children to succeed;	1222

(2) That principals, superintendents, school treasurers, and	1223
school business managers have sufficient knowledge to provide	1224
principled, collaborative, foresighted, and data-based leadership	1225
that will provide learning opportunities for all children to	1226
succeed.	1227

(E) The standards for educator professional development	1228
developed under division (A)(5) of this section shall include the	1229
following:	1230

(1) Standards for the inclusion of local professional	1231
development committees established under section 3319.22 of the	1232
Revised Code in the planning and design of professional	1233
development;	1234

(2) Standards that address the crucial link between academic	1235
achievement and mental health issues.	1236

(F) The educator standards board shall also perform the	1237
following functions:	1238

(1) Monitor compliance with the standards developed under	1239
division (A) of this section and make recommendations to the state	1240
board of education for appropriate corrective action if such	1241
standards are not met;	1242

(2) Research, develop, and recommend policies on the	1243
professions of teaching and school administration;	1244

(3) Recommend policies to close the achievement gap between	1245
students of different subgroups;	1246

(4) Define a "master teacher" in a manner that can be used	1247
uniformly by all school districts;	1248

(5) Adopt criteria that a candidate for a lead professional	1249
educator license under section 3319.22 of the Revised Code who	1250
does not hold a valid certificate issued by the national board for	1251
professional teaching standards must meet to be considered a lead	1252
teacher for purposes of division (B)(4)(d) of that section. It is	1253
the intent of the general assembly that the educator standards	1254
board shall adopt multiple, equal-weighted criteria to use in	1255
determining whether a person is a lead teacher. The criteria shall	1256
be in addition to the other standards and qualifications	1257
prescribed in division (B)(4) of section 3319.22 of the Revised	1258
Code. The criteria may include, but shall not be limited to,	1259
completion of educational levels beyond a master's degree or	1260
other professional development courses or demonstration of a	1261
leadership role in the teacher's school building or district. The	1262
board shall determine the number of criteria that a teacher shall	1263
satisfy to be recognized as a lead teacher, which shall not be	1264
the total number of criteria adopted by the board.	1265

(6) Develop model teacher and principal evaluation	1266
instruments and processes. The models shall be based on the	1267
standards developed under division (A) of this section.	1268

(7) Develop a method of measuring the academic improvement	1269
made by individual students during a one-year period and make	1270
recommendations for incorporating the measurement as one of	1271
multiple evaluation criteria into each of the following:	1272

(a) Eligibility for a professional educator license, senior	1273
professional educator license, lead professional educator license,	1274
or principal license issued under section 3319.22 of the Revised	1275
Code;	1276

(b) The Ohio teacher residency program established under	1277
section 3319.223 of the Revised Code;	1278

(c) The model teacher and principal evaluation instruments	1279
and processes developed under division (F)(6) of this sectionand	1280
student performance over time as determined by value-added data	1281
and other standardized evidence of student achievement gains.	1282

(G) The educator standards board shall submit recommendations	1283
of standards developed under division (A) of this section to the	1284
state board of education not later than September 1, 2010. The	1285
state board of education shall review those recommendations at the	1286
state board's regular meeting that next succeeds the date that the	1287
recommendations are submitted to the state board. At that meeting,	1288
the state board of education shall vote to either adopt standards	1289
based on those recommendations or request that the educator	1290
standards board reconsider its recommendations. The state board of	1291
education shall articulate reasons for requesting reconsideration	1292
of the recommendations but shall not direct the content of the	1293
recommendations. The educator standards board shall reconsider its	1294
recommendations if the state board of education so requests, may	1295
revise the recommendations, and shall resubmit the	1296
recommendations, whether revised or not, to the state board not	1297
later than two weeks prior to the state board's regular meeting	1298
that next succeeds the meeting at which the state board requested	1299
reconsideration of the initial recommendations. The state board of	1300
education shall review the recommendations as resubmitted by the	1301
educator standards board at the state board's regular meeting that	1302
next succeeds the meeting at which the state board requested	1303
reconsideration of the initial recommendations and may adopt the	1304
standards as resubmitted or, if the resubmitted standards have not	1305
addressed the state board's concerns, the state board may modify	1306
the standards prior to adopting them. The state board shall adopt	1307
standards under this section in accordance with Chapter 119. of	1308
the Revised Code. The final responsibility to determine whether to	1309
adopt standards as described in division (A) of this section and	1310
the content of those standards, if adopted, belongs solely to the	1311
state board of education.	1312

Section 2. That existing sections 3314.013, 3314.014,	1313
3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223,	1314
and 3319.61 of the Revised Code are hereby repealed.	1315

Section 3. The amendment by this act to section 3314.03 of	1316
the Revised Code does not accelerate the taking effect of the	1317
earlier amendment to that section by Sub. S.B. 210 of the 128th	1318
General Assembly that takes effect on July 1, 2011.	1319

Section 4.  Section 3314.014 of the Revised Code is presented	1320
in this act as a composite of the section as amended by both Am.	1321
Sub. H.B. 79 and Am. Sub. H.B. 276 of the 126th General Assembly.	1322
The General Assembly, applying the principle stated in division	1323
(B) of section 1.52 of the Revised Code that amendments are to be	1324
harmonized if reasonably capable of simultaneous operation, finds	1325
that the composite is the resulting version of the section in	1326
effect prior to the effective date of the section as presented in	1327
this act.	1328

Section 5.  Section 3319.22 of the Revised Code is presented	1329
in this act as a composite of the section as amended by both Am.	1330
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1331
General Assembly, applying the principle stated in division (B) of	1332
section 1.52 of the Revised Code that amendments are to be	1333
harmonized if reasonably capable of simultaneous operation, finds	1334
that the composite is the resulting version of the section in	1335
effect prior to the effective date of the section as presented in	1336
this act.	1337