S. B. No. 118 As Reported by the Senate Education Committee

As Reported by the Senate Education Committee

129th General Assembly

Regular Session

2011-2012

S. B. No. 118

Senator Cates

Cosponsors: Senators Schaffer, Gillmor, Brown

A BILL

To amend sections 3301.922, 3302.032, 3313.674,

3314.03, and 3326.11 and to enact sections 3314.15

and 3326.26 of the Revised Code to make schools'

implementation of body mass index screenings

optional.

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

Section 1. That sections 3301.922, 3302.032, 3313.674,	6
3314.03, and 3326.11 be amended and sections 3314.15 and 3326.26	7
of the Revised Code be enacted to read as follows:	8

Sec. 3301.922. The department of education shall issue an	9
annual report on the ~~compliance of~~participation by public and	10
chartered nonpublic schools ~~with~~in the ~~requirements~~option of	11
~~section~~sections 3313.674, 3314.15, and 3326.26 of the Revised	12
Code to screen students for body mass index and weight status	13
category. The department shall include in the report any data	14
regarding student health and wellness collected ~~by the department~~	15
in conjunction with those requirements. The department shall	16
submit each report to the governor, the general assembly, and the	17
healthy choices for healthy children council.	18

Sec. 3302.032. (A) Not later than December 31, 2011, the	19
state board of education shall establish a measure of the	20
following:	21

(1) Student success in meeting the benchmarks contained in	22
the physical education standards adopted under division (A)(3) of	23
section 3301.079 of the Revised Code;	24

(2) Compliance with the requirements for local wellness	25
policies prescribed by section 204 of the "Child Nutrition and WIC	26
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	27

(3) Whether a school district or building ~~is complying with~~	28
has elected to administer the screenings authorized by section	29
3313.674 of the Revised Code ~~instead of operating under a waiver~~	30
~~from the requirements of that section~~;	31

(4) Whether a school district or building is participating in	32
the physical activity pilot program administered under section	33
3313.6016 of the Revised Code.	34

(B) The measure shall be included on the school district and	35
building report cards issued under section 3302.03 of the Revised	36
Code, beginning with the report cards issued for the 2012-2013	37
school year, but it shall not be a factor in the performance	38
ratings issued under that section.	39

(C) The department of education may accept, receive, and	40
expend gifts, devises, or bequests of money for the purpose of	41
establishing the measure required by this section.	42

Sec. 3313.674. (A) Except as provided in ~~divisions~~division	43
(D) ~~and (H)~~ of this section, the board of education of each city,	44
exempted village, or local school district and the governing	45
authority of each chartered nonpublic school ~~shall~~may require	46
each student enrolled in kindergarten, third grade, fifth grade,	47
and ninth grade to undergo a screening for body mass index and	48
weight status category ~~prior to the first day of May of the school~~	49
~~year~~.	50

(B) The board or governing authority may provide any	51
screenings ~~required~~authorized by this section itself, contract	52
with another entity for provision of the screenings, or request	53
the parent or guardian of each student subject to ~~this section~~the	54
screening to obtain the screening from a provider selected by the	55
parent or guardian and to submit the results to the board or	56
governing authority. If the board or governing authority provides	57
the screenings itself or contracts with another entity for	58
provision of the screenings, the board or governing authority	59
shall protect student privacy by ensuring that each student is	60
screened alone and not in the presence of other students or staff.	61

(C) ~~Prior to the first day of February of each~~Each school	62
year, ~~the~~each board or governing authority electing to require	63
the screening shall provide the parent or guardian of each student	64
subject to ~~this section~~the screening with information about the	65
screening program. If the board or governing authority requests	66
parents and guardians to obtain a screening from a provider of	67
their choosing, the board or governing authority shall provide	68
them with a list of providers and information about screening	69
services available in the community to parents and guardians who	70
cannot afford a private provider.	71

(D) If the parent or guardian of a student subject to ~~this~~	72
~~section~~the screening signs and submits to the board or governing	73
authority a written statement indicating that the parent or	74
guardian does not wish to have the student undergo the screening,	75
the board or governing authority shall not require the student to	76
be screened.	77

(E) The board or governing authority shall notify the parent	78
or guardian of each student screened under this section of any	79
health risks associated with the student's results and shall	80
provide the parent or guardian with information about	81
appropriately addressing the risks. For this purpose, the	82
department of health, in consultation with the department of	83
education and the healthy choices for healthy children council	84
established under section 3301.92 of the Revised Code, shall	85
develop a list of documents, pamphlets, or other resources that	86
may be distributed to parents and guardians under this division.	87

(F) The board or governing authority shall maintain the	88
confidentiality of each student's individual screening results at	89
all times. No board or governing authority shall report a	90
student's individual screening results to any person other than	91
the student's parent or guardian.	92

(G) In a manner prescribed by rule of the director of health,	93
~~the~~each board or governing authority electing to require the	94
screening shall report aggregated body mass index and weight	95
status category data collected under this section, and any other	96
demographic data required by the director, to the department of	97
health. In the case of a school district, data shall be aggregated	98
for the district as a whole and not for individual schools within	99
the district, unless the district operates only one school. In the	100
case of a chartered nonpublic school, data shall be aggregated for	101
the school as a whole. The department annually may publish the	102
data reported under this division, aggregated by county. ~~If any~~	103
For each county in which a district, community school, STEM	104
school, or chartered nonpublic school ~~was granted a waiver under~~	105
~~division (H) of this section~~has elected not to require the	106
screening for a school year for which data is published, the	107
department shall note that the data for the county in which the	108
district or school is located is incomplete. The department may	109
share data reported under this division with other governmental	110
entities for the purpose of monitoring population health, making	111
reports, or public health promotional activities.	112

~~(H) A board or governing authority may obtain a waiver of the~~	113
~~requirement to have students undergo screenings for body mass~~	114
~~index and weight status category by submitting to the~~	115
~~superintendent of public instruction an affidavit, attested to by~~	116
~~the president or presiding officer of the board or governing~~	117
~~authority, stating that the board or governing authority is unable~~	118
~~to comply with the requirement. The superintendent shall grant the~~	119
~~waiver upon receipt of the affidavit.~~	120

Sec. 3314.03. A copy of every contract entered into under	121
this section shall be filed with the superintendent of public	122
instruction.	123

(A) Each contract entered into between a sponsor and the	124
governing authority of a community school shall specify the	125
following:	126

(1) That the school shall be established as either of the	127
following:	128

(a) A nonprofit corporation established under Chapter 1702.	129
of the Revised Code, if established prior to April 8, 2003;	130

(b) A public benefit corporation established under Chapter	131
1702. of the Revised Code, if established after April 8, 2003.	132

(2) The education program of the school, including the	133
school's mission, the characteristics of the students the school	134
is expected to attract, the ages and grades of students, and the	135
focus of the curriculum;	136

(3) The academic goals to be achieved and the method of	137
measurement that will be used to determine progress toward those	138
goals, which shall include the statewide achievement assessments;	139

(4) Performance standards by which the success of the school	140
will be evaluated by the sponsor;	141

(5) The admission standards of section 3314.06 of the Revised	142
Code and, if applicable, section 3314.061 of the Revised Code;	143

(6)(a) Dismissal procedures;

144

(b) A requirement that the governing authority adopt an	145
attendance policy that includes a procedure for automatically	146
withdrawing a student from the school if the student without a	147
legitimate excuse fails to participate in one hundred five	148
consecutive hours of the learning opportunities offered to the	149
student.	150

(7) The ways by which the school will achieve racial and	151
ethnic balance reflective of the community it serves;	152

(8) Requirements for financial audits by the auditor of	153
state. The contract shall require financial records of the school	154
to be maintained in the same manner as are financial records of	155
school districts, pursuant to rules of the auditor of state.	156
Audits shall be conducted in accordance with section 117.10 of the	157
Revised Code.	158

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

159

(10) Qualifications of teachers, including the following:

160

(a) A requirement that the school's classroom teachers be	161
licensed in accordance with sections 3319.22 to 3319.31 of the	162
Revised Code, except that a community school may engage	163
noncertificated persons to teach up to twelve hours per week	164
pursuant to section 3319.301 of the Revised Code;	165

(b) A requirement that each classroom teacher initially hired	166
by the school on or after July 1, 2013, and employed to provide	167
instruction in physical education hold a valid license issued	168
pursuant to section 3319.22 of the Revised Code for teaching	169
physical education.	170

(11) That the school will comply with the following	171
requirements:	172

(a) The school will provide learning opportunities to a	173
minimum of twenty-five students for a minimum of nine hundred	174
twenty hours per school year.	175

(b) The governing authority will purchase liability	176
insurance, or otherwise provide for the potential liability of the	177
school.	178

(c) The school will be nonsectarian in its programs,	179
admission policies, employment practices, and all other	180
operations, and will not be operated by a sectarian school or	181
religious institution.	182

(d) The school will comply with sections 9.90, 9.91, 109.65,	183
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	184
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	185
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	186
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	187
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	188
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	189
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	190
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	191
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	192
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	193
and 4167. of the Revised Code as if it were a school district and	194
will comply with section 3301.0714 of the Revised Code in the	195
manner specified in section 3314.17 of the Revised Code.	196

(e) The school shall comply with Chapter 102. and section	197
2921.42 of the Revised Code.	198

(f) The school will comply with sections 3313.61, 3313.611,	199
and 3313.614 of the Revised Code, except that for students who	200
enter ninth grade for the first time before July 1, 2010, the	201
requirement in sections 3313.61 and 3313.611 of the Revised Code	202
that a person must successfully complete the curriculum in any	203
high school prior to receiving a high school diploma may be met by	204
completing the curriculum adopted by the governing authority of	205
the community school rather than the curriculum specified in Title	206
XXXIII of the Revised Code or any rules of the state board of	207
education. Beginning with students who enter ninth grade for the	208
first time on or after July 1, 2010, the requirement in sections	209
3313.61 and 3313.611 of the Revised Code that a person must	210
successfully complete the curriculum of a high school prior to	211
receiving a high school diploma shall be met by completing the	212
Ohio core curriculum prescribed in division (C) of section	213
3313.603 of the Revised Code, unless the person qualifies under	214
division (D) or (F) of that section. Each school shall comply with	215
the plan for awarding high school credit based on demonstration of	216
subject area competency, adopted by the state board of education	217
under division (J) of section 3313.603 of the Revised Code.	218

(g) The school governing authority will submit within four	219
months after the end of each school year a report of its	220
activities and progress in meeting the goals and standards of	221
divisions (A)(3) and (4) of this section and its financial status	222
to the sponsor and the parents of all students enrolled in the	223
school.	224

(h) The school, unless it is an internet- or computer-based	225
community school, will comply with ~~sections 3313.674 and~~section	226
3313.801 of the Revised Code as if it were a school district.	227

(12) Arrangements for providing health and other benefits to	228
employees;	229

(13) The length of the contract, which shall begin at the	230
beginning of an academic year. No contract shall exceed five years	231
unless such contract has been renewed pursuant to division (E) of	232
this section.	233

(14) The governing authority of the school, which shall be	234
responsible for carrying out the provisions of the contract;	235

(15) A financial plan detailing an estimated school budget	236
for each year of the period of the contract and specifying the	237
total estimated per pupil expenditure amount for each such year.	238
The plan shall specify for each year the base formula amount that	239
will be used for purposes of funding calculations under section	240
3314.08 of the Revised Code. This base formula amount for any year	241
shall not exceed the formula amount defined under section 3317.02	242
of the Revised Code. The plan may also specify for any year a	243
percentage figure to be used for reducing the per pupil amount of	244
the subsidy calculated pursuant to section 3317.029 of the Revised	245
Code the school is to receive that year under section 3314.08 of	246
the Revised Code.	247

(16) Requirements and procedures regarding the disposition of	248
employees of the school in the event the contract is terminated or	249
not renewed pursuant to section 3314.07 of the Revised Code;	250

(17) Whether the school is to be created by converting all or	251
part of an existing public school or educational service center	252
building or is to be a new start-up school, and if it is a	253
converted public school or service center building, specification	254
of any duties or responsibilities of an employer that the board of	255
education or service center governing board that operated the	256
school or building before conversion is delegating to the	257
governing authority of the community school with respect to all or	258
any specified group of employees provided the delegation is not	259
prohibited by a collective bargaining agreement applicable to such	260
employees;	261

(18) Provisions establishing procedures for resolving	262
disputes or differences of opinion between the sponsor and the	263
governing authority of the community school;	264

(19) A provision requiring the governing authority to adopt a	265
policy regarding the admission of students who reside outside the	266
district in which the school is located. That policy shall comply	267
with the admissions procedures specified in sections 3314.06 and	268
3314.061 of the Revised Code and, at the sole discretion of the	269
authority, shall do one of the following:	270

(a) Prohibit the enrollment of students who reside outside	271
the district in which the school is located;	272

(b) Permit the enrollment of students who reside in districts	273
adjacent to the district in which the school is located;	274

(c) Permit the enrollment of students who reside in any other	275
district in the state.	276

(20) A provision recognizing the authority of the department	277
of education to take over the sponsorship of the school in	278
accordance with the provisions of division (C) of section 3314.015	279
of the Revised Code;	280

(21) A provision recognizing the sponsor's authority to	281
assume the operation of a school under the conditions specified in	282
division (B) of section 3314.073 of the Revised Code;	283

(22) A provision recognizing both of the following:

284

(a) The authority of public health and safety officials to	285
inspect the facilities of the school and to order the facilities	286
closed if those officials find that the facilities are not in	287
compliance with health and safety laws and regulations;	288

(b) The authority of the department of education as the	289
community school oversight body to suspend the operation of the	290
school under section 3314.072 of the Revised Code if the	291
department has evidence of conditions or violations of law at the	292
school that pose an imminent danger to the health and safety of	293
the school's students and employees and the sponsor refuses to	294
take such action;	295

(23) A description of the learning opportunities that will be	296
offered to students including both classroom-based and	297
non-classroom-based learning opportunities that is in compliance	298
with criteria for student participation established by the	299
department under division (L)(2) of section 3314.08 of the Revised	300
Code;	301

(24) The school will comply with sections 3302.04 and	302
3302.041 of the Revised Code, except that any action required to	303
be taken by a school district pursuant to those sections shall be	304
taken by the sponsor of the school. However, the sponsor shall not	305
be required to take any action described in division (F) of	306
section 3302.04 of the Revised Code.	307

(25) Beginning in the 2006-2007 school year, the school will	308
open for operation not later than the thirtieth day of September	309
each school year, unless the mission of the school as specified	310
under division (A)(2) of this section is solely to serve dropouts.	311
In its initial year of operation, if the school fails to open by	312
the thirtieth day of September, or within one year after the	313
adoption of the contract pursuant to division (D) of section	314
3314.02 of the Revised Code if the mission of the school is solely	315
to serve dropouts, the contract shall be void.	316

(B) The community school shall also submit to the sponsor a	317
comprehensive plan for the school. The plan shall specify the	318
following:	319

(1) The process by which the governing authority of the	320
school will be selected in the future;	321

(2) The management and administration of the school;

322

(3) If the community school is a currently existing public	323
school or educational service center building, alternative	324
arrangements for current public school students who choose not to	325
attend the converted school and for teachers who choose not to	326
teach in the school or building after conversion;	327

(4) The instructional program and educational philosophy of	328
the school;	329

(5) Internal financial controls.

330

(C) A contract entered into under section 3314.02 of the	331
Revised Code between a sponsor and the governing authority of a	332
community school may provide for the community school governing	333
authority to make payments to the sponsor, which is hereby	334
authorized to receive such payments as set forth in the contract	335
between the governing authority and the sponsor. The total amount	336
of such payments for oversight and monitoring of the school shall	337
not exceed three per cent of the total amount of payments for	338
operating expenses that the school receives from the state.	339

(D) The contract shall specify the duties of the sponsor	340
which shall be in accordance with the written agreement entered	341
into with the department of education under division (B) of	342
section 3314.015 of the Revised Code and shall include the	343
following:	344

(1) Monitor the community school's compliance with all laws	345
applicable to the school and with the terms of the contract;	346

(2) Monitor and evaluate the academic and fiscal performance	347
and the organization and operation of the community school on at	348
least an annual basis;	349

(3) Report on an annual basis the results of the evaluation	350
conducted under division (D)(2) of this section to the department	351
of education and to the parents of students enrolled in the	352
community school;	353

(4) Provide technical assistance to the community school in	354
complying with laws applicable to the school and terms of the	355
contract;	356

(5) Take steps to intervene in the school's operation to	357
correct problems in the school's overall performance, declare the	358
school to be on probationary status pursuant to section 3314.073	359
of the Revised Code, suspend the operation of the school pursuant	360
to section 3314.072 of the Revised Code, or terminate the contract	361
of the school pursuant to section 3314.07 of the Revised Code as	362
determined necessary by the sponsor;	363

(6) Have in place a plan of action to be undertaken in the	364
event the community school experiences financial difficulties or	365
closes prior to the end of a school year.	366

(E) Upon the expiration of a contract entered into under this	367
section, the sponsor of a community school may, with the approval	368
of the governing authority of the school, renew that contract for	369
a period of time determined by the sponsor, but not ending earlier	370
than the end of any school year, if the sponsor finds that the	371
school's compliance with applicable laws and terms of the contract	372
and the school's progress in meeting the academic goals prescribed	373
in the contract have been satisfactory. Any contract that is	374
renewed under this division remains subject to the provisions of	375
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	376

(F) If a community school fails to open for operation within	377
one year after the contract entered into under this section is	378
adopted pursuant to division (D) of section 3314.02 of the Revised	379
Code or permanently closes prior to the expiration of the	380
contract, the contract shall be void and the school shall not	381
enter into a contract with any other sponsor. A school shall not	382
be considered permanently closed because the operations of the	383
school have been suspended pursuant to section 3314.072 of the	384
Revised Code. Any contract that becomes void under this division	385
shall not count toward any statewide limit on the number of such	386
contracts prescribed by section 3314.013 of the Revised Code.	387

Sec. 3314.15. The governing authority of a community school,	388
other than an internet- or computer-based community school, may	389
screen students for body mass index and weight status category. If	390
a governing authority elects to require the screenings, it shall	391
comply with section 3313.674 of the Revised Code in the same	392
manner required of a school district board of education.	393

Sec. 3326.11. Each science, technology, engineering, and	394
mathematics school established under this chapter and its	395
governing body shall comply with sections 9.90, 9.91, 109.65,	396
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	397
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	398
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	399
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	400
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	401
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	402
3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	403
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	404
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32,	405
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,	406
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,	407
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,	408
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and	409
4167. of the Revised Code as if it were a school district.	410

Sec. 3326.26. The governing body of a science, technology,	411
engineering, and mathematics school may screen students in ninth	412
grade for body mass index and weight status category. If a	413
governing body elects to require the screenings, it shall comply	414
with section 3313.674 of the Revised Code in the same manner	415
required of a school district board of education.	416

Section 2. That existing sections 3301.922, 3302.032,	417
3313.674, 3314.03, and 3326.11 of the Revised Code are hereby	418
repealed.	419