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| To amend sections 3314.03 and 3326.11 and to enact | 1 |
| section 3302.042 of the Revised Code to require | 2 |
| public high schools that receive federal school | 3 |
| improvement grant moneys to establish student | 4 |
| advisory committees. | 5 |
| Section 1. That sections 3314.03 and 3326.11 be amended and | 6 |
| section 3302.042 of the Revised Code be enacted to read as | 7 |
| follows: | 8 |
| Sec. 3302.042. (A) This section applies to each school | 9 |
| district that is the recipient of a school improvement grant under | 10 |
| the "No Child Left Behind Act of 2001," 20 U.S.C. 6303(g). | 11 |
| (B) The board of education of each school district to which | 12 |
| this section applies shall require each high school operated by | 13 |
| the district that receives any portion of the school improvement | 14 |
| grant moneys awarded to the district to establish a student | 15 |
| advisory committee to make recommendations about the school | 16 |
| improvement process. The principal of the school and | 17 |
| representatives of the teachers' labor organization who are | 18 |
| employed in the school shall determine the composition of the | 19 |
| committee and the process for selecting committee members, which | 20 |
| shall allow for all students enrolled in the school to be informed | 21 |
| about, and involved in, member selection. | 22 |
| The committee shall make regular recommendations, but at | 23 |
| least semiannually, regarding the following: | 24 |
| (1) Strategies to improve teaching and learning at the | 25 |
| school; | 26 |
| (2) How to use technology in the classroom to engage students | 27 |
| in the learning process; | 28 |
| (3) Strategies to encourage high-achieving students to work | 29 |
| with underperforming students to improve the school's academic | 30 |
| culture and graduation rate; | 31 |
| (4) Ways in which students may improve the behavior of other | 32 |
| students and reduce incidents of bullying and other disruptive | 33 |
| conduct; | 34 |
| (5) Procedures for monitoring the progress of the changes | 35 |
| implemented with the grant moneys; | 36 |
| (6) Any other issues requested by school personnel or the | 37 |
| board. | 38 |
| (C) The student advisory committee shall provide copies of | 39 |
| its recommendations to the school principal, the person designated | 40 |
| to be the representative of the teachers' labor organization for | 41 |
| the school, and the district superintendent. | 42 |
| (D)(1) The board shall organize joint meetings of all student | 43 |
| advisory committees in the district twice each school year for the | 44 |
| purpose of sharing information and successful practices in | 45 |
| teaching and learning among district schools. The board shall | 46 |
| schedule the first meeting prior to the fifteenth day of October | 47 |
| and the second meeting after that date but prior to the fifteenth | 48 |
| day of February. | 49 |
| (2) The department of education shall organize joint meetings | 50 |
| of all student advisory committees statewide, including any | 51 |
| committees from community schools established under Chapter 3314. | 52 |
| of the Revised Code or science, technology, engineering, and | 53 |
| mathematics schools established under Chapter 3326. of the Revised | 54 |
| Code, twice each school year for the purpose of sharing | 55 |
| information and successful practices in teaching and learning | 56 |
| among schools and providing students with an opportunity to | 57 |
| develop their leadership skills. The department shall schedule the | 58 |
| first meeting prior to the fifteenth day of October and the second | 59 |
| meeting after that date but prior to the fifteenth day of | 60 |
| February. | 61 |
| Sec. 3314.03. A copy of every contract entered into under | 62 |
| this section shall be filed with the superintendent of public | 63 |
| instruction. | 64 |
| (A) Each contract entered into between a sponsor and the | 65 |
| governing authority of a community school shall specify the | 66 |
| following: | 67 |
| (1) That the school shall be established as either of the | 68 |
| following: | 69 |
| (a) A nonprofit corporation established under Chapter 1702. | 70 |
| of the Revised Code, if established prior to April 8, 2003; | 71 |
| (b) A public benefit corporation established under Chapter | 72 |
| 1702. of the Revised Code, if established after April 8, 2003. | 73 |
| (2) The education program of the school, including the | 74 |
| school's mission, the characteristics of the students the school | 75 |
| is expected to attract, the ages and grades of students, and the | 76 |
| focus of the curriculum; | 77 |
| (3) The academic goals to be achieved and the method of | 78 |
| measurement that will be used to determine progress toward those | 79 |
| goals, which shall include the statewide achievement assessments; | 80 |
| (4) Performance standards by which the success of the school | 81 |
| will be evaluated by the sponsor; | 82 |
| (5) The admission standards of section 3314.06 of the Revised | 83 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 84 |
| (6)(a) Dismissal procedures; | 85 |
| (b) A requirement that the governing authority adopt an | 86 |
| attendance policy that includes a procedure for automatically | 87 |
| withdrawing a student from the school if the student without a | 88 |
| legitimate excuse fails to participate in one hundred five | 89 |
| consecutive hours of the learning opportunities offered to the | 90 |
| student. | 91 |
| (7) The ways by which the school will achieve racial and | 92 |
| ethnic balance reflective of the community it serves; | 93 |
| (8) Requirements for financial audits by the auditor of | 94 |
| state. The contract shall require financial records of the school | 95 |
| to be maintained in the same manner as are financial records of | 96 |
| school districts, pursuant to rules of the auditor of state. | 97 |
| Audits shall be conducted in accordance with section 117.10 of the | 98 |
| Revised Code. | 99 |
| (9) The facilities to be used and their locations; | 100 |
| (10) Qualifications of teachers, including the following: | 101 |
| (a) A requirement that the school's classroom teachers be | 102 |
| licensed in accordance with sections 3319.22 to 3319.31 of the | 103 |
| Revised Code, except that a community school may engage | 104 |
| noncertificated persons to teach up to twelve hours per week | 105 |
| pursuant to section 3319.301 of the Revised Code; | 106 |
| (b) A requirement that each classroom teacher initially hired | 107 |
| by the school on or after July 1, 2013, and employed to provide | 108 |
| instruction in physical education hold a valid license issued | 109 |
| pursuant to section 3319.22 of the Revised Code for teaching | 110 |
| physical education. | 111 |
| (11) That the school will comply with the following | 112 |
| requirements: | 113 |
| (a) The school will provide learning opportunities to a | 114 |
| minimum of twenty-five students for a minimum of nine hundred | 115 |
| twenty hours per school year. | 116 |
| (b) The governing authority will purchase liability | 117 |
| insurance, or otherwise provide for the potential liability of the | 118 |
| school. | 119 |
| (c) The school will be nonsectarian in its programs, | 120 |
| admission policies, employment practices, and all other | 121 |
| operations, and will not be operated by a sectarian school or | 122 |
| religious institution. | 123 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 124 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 125 |
| 3301.0712, 3301.0715, 3302.042, 3313.472, 3313.50, 3313.536, | 126 |
| 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, | 127 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 128 |
| 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 129 |
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3313.718, 3313.719, 3313.80, 3313.814, 3313.816, | 130 |
| 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, | 131 |
| 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 132 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 133 |
| Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 134 |
| and 4167. of the Revised Code as if it were a school district and | 135 |
| will comply with section 3301.0714 of the Revised Code in the | 136 |
| manner specified in section 3314.17 of the Revised Code. | 137 |
| (e) The school shall comply with Chapter 102. and section | 138 |
| 2921.42 of the Revised Code. | 139 |
| (f) The school will comply with sections 3313.61, 3313.611, | 140 |
| and 3313.614 of the Revised Code, except that for students who | 141 |
| enter ninth grade for the first time before July 1, 2010, the | 142 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 143 |
| that a person must successfully complete the curriculum in any | 144 |
| high school prior to receiving a high school diploma may be met by | 145 |
| completing the curriculum adopted by the governing authority of | 146 |
| the community school rather than the curriculum specified in Title | 147 |
| XXXIII of the Revised Code or any rules of the state board of | 148 |
| education. Beginning with students who enter ninth grade for the | 149 |
| first time on or after July 1, 2010, the requirement in sections | 150 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 151 |
| successfully complete the curriculum of a high school prior to | 152 |
| receiving a high school diploma shall be met by completing the | 153 |
| Ohio core curriculum prescribed in division (C) of section | 154 |
| 3313.603 of the Revised Code, unless the person qualifies under | 155 |
| division (D) or (F) of that section. Each school shall comply with | 156 |
| the plan for awarding high school credit based on demonstration of | 157 |
| subject area competency, adopted by the state board of education | 158 |
| under division (J) of section 3313.603 of the Revised Code. | 159 |
| (g) The school governing authority will submit within four | 160 |
| months after the end of each school year a report of its | 161 |
| activities and progress in meeting the goals and standards of | 162 |
| divisions (A)(3) and (4) of this section and its financial status | 163 |
| to the sponsor and the parents of all students enrolled in the | 164 |
| school. | 165 |
| (h) The school, unless it is an internet- or computer-based | 166 |
| community school, will comply with sections 3313.674 and 3313.801 | 167 |
| of the Revised Code as if it were a school district. | 168 |
| (12) Arrangements for providing health and other benefits to | 169 |
| employees; | 170 |
| (13) The length of the contract, which shall begin at the | 171 |
| beginning of an academic year. No contract shall exceed five years | 172 |
| unless such contract has been renewed pursuant to division (E) of | 173 |
| this section. | 174 |
| (14) The governing authority of the school, which shall be | 175 |
| responsible for carrying out the provisions of the contract; | 176 |
| (15) A financial plan detailing an estimated school budget | 177 |
| for each year of the period of the contract and specifying the | 178 |
| total estimated per pupil expenditure amount for each such year. | 179 |
| The plan shall specify for each year the base formula amount that | 180 |
| will be used for purposes of funding calculations under section | 181 |
| 3314.08 of the Revised Code. This base formula amount for any year | 182 |
| shall not exceed the formula amount defined under section 3317.02 | 183 |
| of the Revised Code. The plan may also specify for any year a | 184 |
| percentage figure to be used for reducing the per pupil amount of | 185 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 186 |
| Code the school is to receive that year under section 3314.08 of | 187 |
| the Revised Code. | 188 |
| (16) Requirements and procedures regarding the disposition of | 189 |
| employees of the school in the event the contract is terminated or | 190 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 191 |
| (17) Whether the school is to be created by converting all or | 192 |
| part of an existing public school or educational service center | 193 |
| building or is to be a new start-up school, and if it is a | 194 |
| converted public school or service center building, specification | 195 |
| of any duties or responsibilities of an employer that the board of | 196 |
| education or service center governing board that operated the | 197 |
| school or building before conversion is delegating to the | 198 |
| governing authority of the community school with respect to all or | 199 |
| any specified group of employees provided the delegation is not | 200 |
| prohibited by a collective bargaining agreement applicable to such | 201 |
| employees; | 202 |
| (18) Provisions establishing procedures for resolving | 203 |
| disputes or differences of opinion between the sponsor and the | 204 |
| governing authority of the community school; | 205 |
| (19) A provision requiring the governing authority to adopt a | 206 |
| policy regarding the admission of students who reside outside the | 207 |
| district in which the school is located. That policy shall comply | 208 |
| with the admissions procedures specified in sections 3314.06 and | 209 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 210 |
| authority, shall do one of the following: | 211 |
| (a) Prohibit the enrollment of students who reside outside | 212 |
| the district in which the school is located; | 213 |
| (b) Permit the enrollment of students who reside in districts | 214 |
| adjacent to the district in which the school is located; | 215 |
| (c) Permit the enrollment of students who reside in any other | 216 |
| district in the state. | 217 |
| (20) A provision recognizing the authority of the department | 218 |
| of education to take over the sponsorship of the school in | 219 |
| accordance with the provisions of division (C) of section 3314.015 | 220 |
| of the Revised Code; | 221 |
| (21) A provision recognizing the sponsor's authority to | 222 |
| assume the operation of a school under the conditions specified in | 223 |
| division (B) of section 3314.073 of the Revised Code; | 224 |
| (22) A provision recognizing both of the following: | 225 |
| (a) The authority of public health and safety officials to | 226 |
| inspect the facilities of the school and to order the facilities | 227 |
| closed if those officials find that the facilities are not in | 228 |
| compliance with health and safety laws and regulations; | 229 |
| (b) The authority of the department of education as the | 230 |
| community school oversight body to suspend the operation of the | 231 |
| school under section 3314.072 of the Revised Code if the | 232 |
| department has evidence of conditions or violations of law at the | 233 |
| school that pose an imminent danger to the health and safety of | 234 |
| the school's students and employees and the sponsor refuses to | 235 |
| take such action; | 236 |
| (23) A description of the learning opportunities that will be | 237 |
| offered to students including both classroom-based and | 238 |
| non-classroom-based learning opportunities that is in compliance | 239 |
| with criteria for student participation established by the | 240 |
| department under division (L)(2) of section 3314.08 of the Revised | 241 |
| Code; | 242 |
| (24) The school will comply with sections 3302.04 and | 243 |
| 3302.041 of the Revised Code, except that any action required to | 244 |
| be taken by a school district pursuant to those sections shall be | 245 |
| taken by the sponsor of the school. However, the sponsor shall not | 246 |
| be required to take any action described in division (F) of | 247 |
| section 3302.04 of the Revised Code. | 248 |
| (25) Beginning in the 2006-2007 school year, the school will | 249 |
| open for operation not later than the thirtieth day of September | 250 |
| each school year, unless the mission of the school as specified | 251 |
| under division (A)(2) of this section is solely to serve dropouts. | 252 |
| In its initial year of operation, if the school fails to open by | 253 |
| the thirtieth day of September, or within one year after the | 254 |
| adoption of the contract pursuant to division (D) of section | 255 |
| 3314.02 of the Revised Code if the mission of the school is solely | 256 |
| to serve dropouts, the contract shall be void. | 257 |
| (B) The community school shall also submit to the sponsor a | 258 |
| comprehensive plan for the school. The plan shall specify the | 259 |
| following: | 260 |
| (1) The process by which the governing authority of the | 261 |
| school will be selected in the future; | 262 |
| (2) The management and administration of the school; | 263 |
| (3) If the community school is a currently existing public | 264 |
| school or educational service center building, alternative | 265 |
| arrangements for current public school students who choose not to | 266 |
| attend the converted school and for teachers who choose not to | 267 |
| teach in the school or building after conversion; | 268 |
| (4) The instructional program and educational philosophy of | 269 |
| the school; | 270 |
| (5) Internal financial controls. | 271 |
| (C) A contract entered into under section 3314.02 of the | 272 |
| Revised Code between a sponsor and the governing authority of a | 273 |
| community school may provide for the community school governing | 274 |
| authority to make payments to the sponsor, which is hereby | 275 |
| authorized to receive such payments as set forth in the contract | 276 |
| between the governing authority and the sponsor. The total amount | 277 |
| of such payments for oversight and monitoring of the school shall | 278 |
| not exceed three per cent of the total amount of payments for | 279 |
| operating expenses that the school receives from the state. | 280 |
| (D) The contract shall specify the duties of the sponsor | 281 |
| which shall be in accordance with the written agreement entered | 282 |
| into with the department of education under division (B) of | 283 |
| section 3314.015 of the Revised Code and shall include the | 284 |
| following: | 285 |
| (1) Monitor the community school's compliance with all laws | 286 |
| applicable to the school and with the terms of the contract; | 287 |
| (2) Monitor and evaluate the academic and fiscal performance | 288 |
| and the organization and operation of the community school on at | 289 |
| least an annual basis; | 290 |
| (3) Report on an annual basis the results of the evaluation | 291 |
| conducted under division (D)(2) of this section to the department | 292 |
| of education and to the parents of students enrolled in the | 293 |
| community school; | 294 |
| (4) Provide technical assistance to the community school in | 295 |
| complying with laws applicable to the school and terms of the | 296 |
| contract; | 297 |
| (5) Take steps to intervene in the school's operation to | 298 |
| correct problems in the school's overall performance, declare the | 299 |
| school to be on probationary status pursuant to section 3314.073 | 300 |
| of the Revised Code, suspend the operation of the school pursuant | 301 |
| to section 3314.072 of the Revised Code, or terminate the contract | 302 |
| of the school pursuant to section 3314.07 of the Revised Code as | 303 |
| determined necessary by the sponsor; | 304 |
| (6) Have in place a plan of action to be undertaken in the | 305 |
| event the community school experiences financial difficulties or | 306 |
| closes prior to the end of a school year. | 307 |
| (E) Upon the expiration of a contract entered into under this | 308 |
| section, the sponsor of a community school may, with the approval | 309 |
| of the governing authority of the school, renew that contract for | 310 |
| a period of time determined by the sponsor, but not ending earlier | 311 |
| than the end of any school year, if the sponsor finds that the | 312 |
| school's compliance with applicable laws and terms of the contract | 313 |
| and the school's progress in meeting the academic goals prescribed | 314 |
| in the contract have been satisfactory. Any contract that is | 315 |
| renewed under this division remains subject to the provisions of | 316 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 317 |
| (F) If a community school fails to open for operation within | 318 |
| one year after the contract entered into under this section is | 319 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 320 |
| Code or permanently closes prior to the expiration of the | 321 |
| contract, the contract shall be void and the school shall not | 322 |
| enter into a contract with any other sponsor. A school shall not | 323 |
| be considered permanently closed because the operations of the | 324 |
| school have been suspended pursuant to section 3314.072 of the | 325 |
| Revised Code. Any contract that becomes void under this division | 326 |
| shall not count toward any statewide limit on the number of such | 327 |
| contracts prescribed by section 3314.013 of the Revised Code. | 328 |
| Sec. 3326.11. Each science, technology, engineering, and | 329 |
| mathematics school established under this chapter and its | 330 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 331 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 332 |
| 3301.0714, 3301.0715, 3302.042, 3313.14, 3313.15, 3313.16, | 333 |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 334 |
| 3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 335 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 336 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 337 |
| 3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 338 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 339 |
| 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, | 340 |
| 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, | 341 |
| 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, | 342 |
| 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., | 343 |
| 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and | 344 |
| 4167. of the Revised Code as if it were a school district. | 345 |
| Section 2. That existing sections 3314.03 and 3326.11 of the | 346 |
| Revised Code are hereby repealed. | 347 |