As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 232

Senator Skindell 

Cosponsors: Senators Sawyer, Cafaro, Smith, Turner 

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A BILL

To amend sections 3313.60, 3313.6011, 3314.03, and

1

3326.11 of the Revised Code to establish statutory

2

standards for comprehensive sexual health

3

education and HIV/AIDS prevention education in

4

public schools and to designate section 3313.6011

5

of the Revised Code as the "Act for Our Children's

6

Future."

7

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

Section 1. That sections 3313.60, 3313.6011, 3314.03, and	8
3326.11 of the Revised Code be amended to read as follows:	9

Sec. 3313.60.  Notwithstanding division (D) of section	10
3311.52 of the Revised Code, divisions (A) to (E) of this section	11
do not apply to any cooperative education school district	12
established pursuant to divisions (A) to (C) of section 3311.52 of	13
the Revised Code.	14

(A) The board of education of each city and exempted village	15
school district, the governing board of each educational service	16
center, and the board of each cooperative education school	17
district established pursuant to section 3311.521 of the Revised	18
Code shall prescribe a curriculum for all schools under their	19
control. Except as provided in division (E) of this section, in	20
any such curriculum there shall be included the study of the	21
following subjects:	22

(1) The language arts, including reading, writing, spelling,	23
oral and written English, and literature;	24

(2) Geography, the history of the United States and of Ohio,	25
and national, state, and local government in the United States,	26
including a balanced presentation of the relevant contributions to	27
society of men and women of African, Mexican, Puerto Rican, and	28
American Indian descent as well as other ethnic and racial groups	29
in Ohio and the United States;	30

(3) Mathematics;

31

(4) Natural science, including instruction in the	32
conservation of natural resources;	33

(5) Health education, which shall include instruction in:

34

(a) The nutritive value of foods, including natural and	35
organically produced foods, the relation of nutrition to health,	36
and the use and effects of food additives;	37

(b) The harmful effects of and legal restrictions against the	38
use of drugs of abuse, alcoholic beverages, and tobacco;	39

(c) Venereal diseaseSexually transmitted infection	40
prevention education, including HIV/AIDS prevention education in	41
accordance with section 3313.6011 of the Revised Code, except that	42
upon written request of the student's parent or guardian, a	43
student shall be excused from taking instruction in venereal	44
disease education;sexually transmitted infection prevention.	45
Instruction shall stress abstinence but shall not exclude other	46
instruction and materials on contraceptive methods and infection	47
reduction measures.	48

(d) In grades kindergarten through six, instruction in	49
personal safety and assault prevention, except that upon written	50
request of the student's parent or guardian, a student shall be	51
excused from taking instruction in personal safety and assault	52
prevention;	53

(e) In grades seven through twelve, age-appropriate	54
instruction in dating violence prevention education, which shall	55
include instruction in recognizing dating violence warning signs	56
and characteristics of healthy relationships.	57

In order to assist school districts in developing a dating	58
violence prevention education curriculum, the department of	59
education shall provide on its web site links to free curricula	60
addressing dating violence prevention.	61

If the parent or legal guardian of a student less than	62
eighteen years of age submits to the principal of the student's	63
school a written request to examine the dating violence prevention	64
instruction materials used at that school, the principal, within a	65
reasonable period of time after the request is made, shall allow	66
the parent or guardian to examine those materials at that school.	67

(6) Physical education;

68

(7) The fine arts, including music;

69

(8) First aid, including a training program in	70
cardiopulmonary resuscitation, safety, and fire prevention, except	71
that upon written request of the student's parent or guardian, a	72
student shall be excused from taking instruction in	73
cardiopulmonary resuscitation.	74

(B) Except as provided in division (E) of this section, every	75
school or school district shall include in the requirements for	76
promotion from the eighth grade to the ninth grade one year's	77
course of study of American history. A board may waive this	78
requirement for academically accelerated students who, in	79
accordance with procedures adopted by the board, are able to	80
demonstrate mastery of essential concepts and skills of the eighth	81
grade American history course of study.	82

(C) Except as provided in division (E) of this section, every	83
high school shall include in the requirements for graduation from	84
any curriculum one unit of American history and government,	85
including a study of the constitutions of the United States and of	86
Ohio.	87

(D) Except as provided in division (E) of this section, basic	88
instruction in geography, United States history, the government of	89
the United States, the government of the state of Ohio, local	90
government in Ohio, the Declaration of Independence, the United	91
States Constitution, and the Constitution of the state of Ohio	92
shall be required before pupils may participate in courses	93
involving the study of social problems, economics, foreign	94
affairs, United Nations, world government, socialism and	95
communism.	96

(E) For each cooperative education school district	97
established pursuant to section 3311.521 of the Revised Code and	98
each city, exempted village, and local school district that has	99
territory within such a cooperative district, the curriculum	100
adopted pursuant to divisions (A) to (D) of this section shall	101
only include the study of the subjects that apply to the grades	102
operated by each such school district. The curriculums for such	103
schools, when combined, shall provide to each student of these	104
districts all of the subjects required under divisions (A) to (D)	105
of this section.	106

(F) The board of education of any cooperative education	107
school district established pursuant to divisions (A) to (C) of	108
section 3311.52 of the Revised Code shall prescribe a curriculum	109
for the subject areas and grade levels offered in any school under	110
its control.	111

(G) Upon the request of any parent or legal guardian of a	112
student, the board of education of any school district shall	113
permit the parent or guardian to promptly examine, with respect to	114
the parent's or guardian's own child:	115

(1) Any survey or questionnaire, prior to its administration	116
to the child;	117

(2) Any textbook, workbook, software, video, or other	118
instructional materials being used by the district in connection	119
with the instruction of the child;	120

(3) Any completed and graded test taken or survey or	121
questionnaire filled out by the child;	122

(4) Copies of the statewide academic standards and each model	123
curriculum developed pursuant to section 3301.079 of the Revised	124
Code, which copies shall be available at all times during school	125
hours in each district school building.	126

Sec. 3313.6011.  (A) As used in this section, "sexual	127
activity" has the same meaning as in section 2907.01 of the	128
Revised Code.	129

(B) Instruction in venereal disease education pursuant to	130
division (A)(5)(c) of section 3313.60 of the Revised Code shall	131
emphasize that abstinence from sexual activity is the only	132
protection that is one hundred per cent effective against unwanted	133
pregnancy, sexually transmitted disease, and the sexual	134
transmission of a virus that causes acquired immunodeficiency	135
syndrome.	136

(C) In adopting minimum standards under section 3301.07 of	137
the Revised Code, the state board of education shall require	138
course material and instruction in venereal disease education	139
courses taught pursuant to division (A)(5)(c) of section 3313.60	140
of the Revised Code to do all of the following:	141

(1) Stress that students should abstain from sexual activity	142
until after marriage;	143

(2) Teach the potential physical, psychological, emotional,	144
and social side effects of participating in sexual activity	145
outside of marriage;	146

(3) Teach that conceiving children out of wedlock is likely	147
to have harmful consequences for the child, the child's parents,	148
and society;	149

(4) Stress that sexually transmitted diseases are serious	150
possible hazards of sexual activity;	151

(5) Advise students of the laws pertaining to financial	152
responsibility of parents to children born in and out of wedlock;	153

(6) Advise students of the circumstances under which it is	154
criminal to have sexual contact with a person under the age of	155
sixteen pursuant to section 2907.04 of the Revised Code;	156

(7) Emphasize adoption as an option for unintended	157
pregnancies.	158

(D):

159

(1) "Age-appropriate" means designed to teach concepts,	160
information, and skills based on the social, cognitive, and	161
emotional level of pupils.	162

(2) "Comprehensive sexual health education" means education	163
regarding human development and sexuality, including education on	164
sexual health, family planning, and sexually transmitted	165
infections.	166

(3) "HIV/AIDS prevention education" means instruction on the	167
nature of HIV/AIDS, methods of transmission, strategies to reduce	168
the risk of human immunodeficiency virus (HIV) infection, and	169
social and public health issues related to HIV/AIDS. "HIV/AIDS	170
prevention education" is not comprehensive sexual health	171
education.	172

(4) "Instructors trained in the appropriate courses" means	173
instructors with knowledge of the most recent medically and	174
scientifically accurate research on human sexuality, pregnancy,	175
and sexually transmitted infections.	176

(5) "Medically and scientifically accurate" means verified or	177
supported by research conducted in compliance with scientific	178
methods and published in peer-reviewed journals, where	179
appropriate, and recognized as accurate and objective by	180
professional organizations and agencies with expertise in the	181
relevant field, such as the United States centers for disease	182
control and prevention and the American college of obstetricians	183
and gynecologists.	184

(B) Any school district or educational service center may	185
offer comprehensive sexual health education. Beginning on the	186
first day of August immediately following the effective date of	187
this amendment, each school district and educational service	188
center that elects to offer comprehensive sexual health education	189
shall ensure that the program meets all of the following	190
requirements:	191

(1) Instruction and materials shall be age-appropriate.

192

(2) All factual information shall be medically and	193
scientifically accurate.	194

(3) Instruction and materials shall be appropriate for use	195
with all pupils regardless of gender, race, ethnic and cultural	196
background, religion, disability, sexual orientation, or gender	197
identity.	198

(4) Instruction and materials shall encourage pupils to	199
communicate with their parents or guardians about human sexuality.	200

(5) Instruction and materials shall teach all of the	201
following:	202

(a) That abstinence from sexual activity is the only certain	203
way to avoid pregnancy, sexually transmitted infections, and other	204
associated health problems;	205

(b) That bearing children outside of a committed relationship	206
is likely to have consequences for the child, the child's parents,	207
and society;	208

(c) How, as young people, to effectively reject sexual	209
advances and how alcohol and drug use increases vulnerability to	210
sexual advances;	211

(d) The importance of attaining self-sufficiency before	212
engaging in sexual activity.	213

(6) Instruction and materials shall stress abstinence but	214
shall not exclude other instruction and materials on contraceptive	215
methods and infection reduction measures.	216

(7) If age-appropriate, instruction and materials shall	217
provide information about the effectiveness and safety, including	218
the health benefits and side effects, of all contraceptive methods	219
in preventing unintended pregnancy and reducing the risk of	220
contracting sexually transmitted infections.	221

(8) Instruction about sexually transmitted infections shall	222
commence not later than grade seven. The instruction shall include	223
information on how sexually transmitted infections are and are not	224
transmitted, the effectiveness and methods of reducing the risk of	225
contracting sexually transmitted infections, and identification of	226
local resources for testing and medical care for sexually	227
transmitted infections and HIV.	228

(9) If age-appropriate, instruction and materials shall	229
provide pupils with skills for negotiating intimate relationships	230
and making and implementing responsible decisions about sexuality.	231

(10) If age-appropriate, instruction and materials shall	232
include a discussion of the possible emotional, physical, and	233
psychological consequences of preadolescent and adolescent sexual	234
activity and the emotional, physical, and psychological	235
consequences of unintended pregnancy.	236

(11) Instruction and materials shall teach pupils to	237
recognize unwanted physical and verbal sexual advances, not to	238
make unwanted physical and verbal sexual advances, and how to	239
effectively reject unwanted sexual advances. The instruction and	240
materials shall cover verbal, physical, and visual sexual	241
harassment, including nonconsensual physical sexual contact and	242
rape by an acquaintance or family member. The course information	243
and materials shall emphasize personal accountability and respect	244
for others and shall encourage youth to resist peer pressure.	245

(12) Comprehensive sexual health education shall not include	246
any instruction or materials that teach or promote religious	247
doctrine.	248

A school district or educational service center may use	249
separate, outside speakers or prepared curricula to teach	250
different content areas or units with the comprehensive sexual	251
health education program, as long as all speakers, curricula, and	252
materials used comply with this section.	253

(C) Each city, local, exempted village, and joint vocational	254
school district shall ensure that each pupil in grades seven	255
through twelve receives HIV/AIDS prevention education from	256
instructors trained in the appropriate courses. Each pupil shall	257
receive this instruction at least once in grades seven through	258
nine, and at least once in grades ten through twelve. HIV/AIDS	259
prevention education, whether taught by school district personnel	260
or outside consultants, shall accurately reflect the latest	261
information and recommendations from the United States surgeon	262
general, the United States centers for disease control and	263
prevention, and the national academy of sciences, and shall	264
include all of the following:	265

(1) Information on the nature of HIV/AIDS and its effects on	266
the human body;	267

(2) Information on the manner in which HIV is and is not	268
transmitted, including information on activities that present the	269
highest risk of HIV infection;	270

(3) Discussion of methods to reduce the risk of HIV	271
infection, which shall emphasize that sexual abstinence, monogamy,	272
and the avoidance of multiple sexual partners, and abstinence from	273
intravenous drug use, are the most effective means for HIV/AIDS	274
prevention, but shall also include statistics based upon the	275
latest medical information citing the success and failure rates of	276
condoms and other contraceptives in preventing sexually	277
transmitted HIV infection, as well as information on other methods	278
that may reduce the risk of HIV transmission from intravenous drug	279
use;	280

(4) Discussion of the public health issues associated with	281
HIV/AIDS;	282

(5) Information on local resources for HIV testing and	283
medical care;	284

(6) Instruction and materials that provide pupils with skills	285
for negotiating intimate relationships and making and implementing	286
responsible decisions about sexuality;	287

(7) Discussion about societal views on HIV/AIDS, including	288
stereotypes and myths regarding persons with HIV/AIDS, which shall	289
emphasize an understanding of the condition and its impact on	290
people's lives;	291

(8) Instruction and materials that teach pupils to recognize	292
unwanted physical and verbal sexual advances, not to make unwanted	293
physical and verbal sexual advances, and how to effectively reject	294
unwanted sexual advances. The instruction and materials shall	295
cover verbal, physical, and visual sexual harassment, including	296
nonconsensual physical sexual contact and rape by an acquaintance	297
or family member. The course information and materials shall	298
emphasize personal accountability and respect for others and shall	299
encourage youth to resist peer pressure.	300

(D) Each school district and educational service center shall	301
cooperatively plan and provide, through regional planning, joint	302
powers agreements, or contract services, in-service training for	303
all school district personnel who provide comprehensive sexual	304
health education or HIV/AIDS prevention education. In doing so,	305
each district and service center shall consult with the department	306
of education.	307

The in-service training shall be conducted periodically to	308
enable district and service center personnel to learn new	309
developments in the scientific understanding of sexual health and	310
HIV/AIDS. The in-service training shall be voluntary for district	311
and service center personnel who have demonstrated expertise or	312
received in-service training from the department or the United	313
States centers for disease control and prevention.	314

A district or service center may contract with outside	315
consultants with expertise in comprehensive sexual health	316
education and HIV/AIDS prevention education, including those who	317
have developed multilingual curricula or curricula accessible to	318
persons with disabilities, to deliver the in-service training to	319
district or service center personnel.	320

(E) At the beginning of each school year, or at the time of	321
enrollment in the case of a pupil who enrolls after the beginning	322
of the school year, each school district shall notify the parent	323
or guardian of each pupil about instruction in comprehensive	324
sexual health education and HIV/AIDS prevention education and	325
about research on pupil health behaviors and health risks planned	326
for that year. The notice shall advise parents and guardians of	327
all of the following:	328

(1) That written and audio-visual educational materials used	329
in comprehensive sexual health education and HIV/AIDS prevention	330
education are available for inspection;	331

(2) Whether comprehensive sexual health education or HIV/AIDS	332
prevention education will be taught by school district personnel	333
or by outside consultants;	334

(3) That a parent or guardian may request a copy of this	335
section;	336

(4) That a parent or guardian may request in writing that the	337
child not receive comprehensive sexual health education or	338
HIV/AIDS prevention education.	339

A school district or educational service center shall not	340
permit a pupil to attend any class in comprehensive sexual health	341
education or HIV/AIDS prevention education if the school has	342
received a written request from the pupil's parent or guardian	343
excusing the pupil from participation. A pupil who is so excused	344
shall not be subject to disciplinary action, academic penalty, or	345
other sanction, and the district or service center shall make an	346
alternative educational activity available for the pupil while	347
comprehensive sexual health education or HIV/AIDS prevention	348
education is conducted.	349

Each school district and educational service center shall	350
make written and audio-visual educational materials used in	351
comprehensive sexual health education and HIV/AIDS prevention	352
education available for inspection by the parents and guardians of	353
pupils. Each school district shall provide a copy of this section	354
upon request to the parent or guardian of a pupil enrolled in the	355
district.	356

(F) Any model education program for health education the	357
state board of education adopts shall conform to the requirements	358
of this section.	359

(E) On and after March 18, 1999, and notwithstanding(G) If a	360
school district or educational service center does not elect to	361
offer comprehensive sexual health education under this section,	362
any sexual education that the school district or educational	363
service center offers, including instruction in sexually	364
transmitted infection prevention pursuant to division (A)(5)(c) of	365
section 3313.60 of the Revised Code, shall stress abstinence but	366
shall not exclude other instruction and materials on contraceptive	367
methods and infection reduction measures.	368

(H) Notwithstanding section 3302.07 of the Revised Code, the	369
superintendent of public instruction shall not approve, pursuant	370
to that section 3302.07 of the Revised Code, any waiver of any	371
requirement of this section or of any rule adopted by the state	372
board of education pursuant to this section.	373

Sec. 3314.03.  A copy of every contract entered into under	374
this section shall be filed with the superintendent of public	375
instruction.	376

(A) Each contract entered into between a sponsor and the	377
governing authority of a community school shall specify the	378
following:	379

(1) That the school shall be established as either of the	380
following:	381

(a) A nonprofit corporation established under Chapter 1702.	382
of the Revised Code, if established prior to April 8, 2003;	383

(b) A public benefit corporation established under Chapter	384
1702. of the Revised Code, if established after April 8, 2003.	385

(2) The education program of the school, including the	386
school's mission, the characteristics of the students the school	387
is expected to attract, the ages and grades of students, and the	388
focus of the curriculum;	389

(3) The academic goals to be achieved and the method of	390
measurement that will be used to determine progress toward those	391
goals, which shall include the statewide achievement assessments;	392

(4) Performance standards by which the success of the school	393
will be evaluated by the sponsor;	394

(5) The admission standards of section 3314.06 of the Revised	395
Code and, if applicable, section 3314.061 of the Revised Code;	396

(6)(a) Dismissal procedures;

397

(b) A requirement that the governing authority adopt an	398
attendance policy that includes a procedure for automatically	399
withdrawing a student from the school if the student without a	400
legitimate excuse fails to participate in one hundred five	401
consecutive hours of the learning opportunities offered to the	402
student.	403

(7) The ways by which the school will achieve racial and	404
ethnic balance reflective of the community it serves;	405

(8) Requirements for financial audits by the auditor of	406
state. The contract shall require financial records of the school	407
to be maintained in the same manner as are financial records of	408
school districts, pursuant to rules of the auditor of state.	409
Audits shall be conducted in accordance with section 117.10 of the	410
Revised Code.	411

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

412

(10) Qualifications of teachers, including the following:

413

(a) A requirement that the school's classroom teachers be	414
licensed in accordance with sections 3319.22 to 3319.31 of the	415
Revised Code, except that a community school may engage	416
noncertificated persons to teach up to twelve hours per week	417
pursuant to section 3319.301 of the Revised Code;	418

(b) A requirement that each classroom teacher initially hired	419
by the school on or after July 1, 2013, and employed to provide	420
instruction in physical education hold a valid license issued	421
pursuant to section 3319.22 of the Revised Code for teaching	422
physical education.	423

(11) That the school will comply with the following	424
requirements:	425

(a) The school will provide learning opportunities to a	426
minimum of twenty-five students for a minimum of nine hundred	427
twenty hours per school year.	428

(b) The governing authority will purchase liability	429
insurance, or otherwise provide for the potential liability of the	430
school.	431

(c) The school will be nonsectarian in its programs,	432
admission policies, employment practices, and all other	433
operations, and will not be operated by a sectarian school or	434
religious institution.	435

(d) The school will comply with sections 9.90, 9.91, 109.65,	436
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	437
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	438
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	439
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	440
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	441
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817,	442
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41,	443
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	444
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	445
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	446
of the Revised Code as if it were a school district and will	447
comply with section 3301.0714 of the Revised Code in the manner	448
specified in section 3314.17 of the Revised Code.	449

(e) The school shall comply with Chapter 102. and section	450
2921.42 of the Revised Code.	451

(f) The school will comply with sections 3313.61, 3313.611,	452
and 3313.614 of the Revised Code, except that for students who	453
enter ninth grade for the first time before July 1, 2010, the	454
requirement in sections 3313.61 and 3313.611 of the Revised Code	455
that a person must successfully complete the curriculum in any	456
high school prior to receiving a high school diploma may be met by	457
completing the curriculum adopted by the governing authority of	458
the community school rather than the curriculum specified in Title	459
XXXIII of the Revised Code or any rules of the state board of	460
education. Beginning with students who enter ninth grade for the	461
first time on or after July 1, 2010, the requirement in sections	462
3313.61 and 3313.611 of the Revised Code that a person must	463
successfully complete the curriculum of a high school prior to	464
receiving a high school diploma shall be met by completing the	465
Ohio core curriculum prescribed in division (C) of section	466
3313.603 of the Revised Code, unless the person qualifies under	467
division (D) or (F) of that section. Each school shall comply with	468
the plan for awarding high school credit based on demonstration of	469
subject area competency, adopted by the state board of education	470
under division (J) of section 3313.603 of the Revised Code.	471

(g) The school governing authority will submit within four	472
months after the end of each school year a report of its	473
activities and progress in meeting the goals and standards of	474
divisions (A)(3) and (4) of this section and its financial status	475
to the sponsor and the parents of all students enrolled in the	476
school.	477

(h) The school, unless it is an internet- or computer-based	478
community school, will comply with sections 3313.674 and section	479
3313.801 of the Revised Code as if it were a school district.	480

(i) If the school is the recipient of moneys from a grant	481
awarded under the federal race to the top program, Division (A),	482
Title XIV, Sections 14005 and 14006 of the "American Recovery and	483
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	484
school will pay teachers based upon performance in accordance with	485
section 3317.141 and will comply with section 3319.111 of the	486
Revised Code as if it were a school district.	487

(12) Arrangements for providing health and other benefits to	488
employees;	489

(13) The length of the contract, which shall begin at the	490
beginning of an academic year. No contract shall exceed five years	491
unless such contract has been renewed pursuant to division (E) of	492
this section.	493

(14) The governing authority of the school, which shall be	494
responsible for carrying out the provisions of the contract;	495

(15) A financial plan detailing an estimated school budget	496
for each year of the period of the contract and specifying the	497
total estimated per pupil expenditure amount for each such year.	498
The plan shall specify for each year the base formula amount that	499
will be used for purposes of funding calculations under section	500
3314.08 of the Revised Code. This base formula amount for any year	501
shall not exceed the formula amount defined under section 3317.02	502
of the Revised Code. The plan may also specify for any year a	503
percentage figure to be used for reducing the per pupil amount of	504
the subsidy calculated pursuant to section 3317.029 of the Revised	505
Code the school is to receive that year under section 3314.08 of	506
the Revised Code.	507

(16) Requirements and procedures regarding the disposition of	508
employees of the school in the event the contract is terminated or	509
not renewed pursuant to section 3314.07 of the Revised Code;	510

(17) Whether the school is to be created by converting all or	511
part of an existing public school or educational service center	512
building or is to be a new start-up school, and if it is a	513
converted public school or service center building, specification	514
of any duties or responsibilities of an employer that the board of	515
education or service center governing board that operated the	516
school or building before conversion is delegating to the	517
governing authority of the community school with respect to all or	518
any specified group of employees provided the delegation is not	519
prohibited by a collective bargaining agreement applicable to such	520
employees;	521

(18) Provisions establishing procedures for resolving	522
disputes or differences of opinion between the sponsor and the	523
governing authority of the community school;	524

(19) A provision requiring the governing authority to adopt a	525
policy regarding the admission of students who reside outside the	526
district in which the school is located. That policy shall comply	527
with the admissions procedures specified in sections 3314.06 and	528
3314.061 of the Revised Code and, at the sole discretion of the	529
authority, shall do one of the following:	530

(a) Prohibit the enrollment of students who reside outside	531
the district in which the school is located;	532

(b) Permit the enrollment of students who reside in districts	533
adjacent to the district in which the school is located;	534

(c) Permit the enrollment of students who reside in any other	535
district in the state.	536

(20) A provision recognizing the authority of the department	537
of education to take over the sponsorship of the school in	538
accordance with the provisions of division (C) of section 3314.015	539
of the Revised Code;	540

(21) A provision recognizing the sponsor's authority to	541
assume the operation of a school under the conditions specified in	542
division (B) of section 3314.073 of the Revised Code;	543

(22) A provision recognizing both of the following:

544

(a) The authority of public health and safety officials to	545
inspect the facilities of the school and to order the facilities	546
closed if those officials find that the facilities are not in	547
compliance with health and safety laws and regulations;	548

(b) The authority of the department of education as the	549
community school oversight body to suspend the operation of the	550
school under section 3314.072 of the Revised Code if the	551
department has evidence of conditions or violations of law at the	552
school that pose an imminent danger to the health and safety of	553
the school's students and employees and the sponsor refuses to	554
take such action;.	555

(23) A description of the learning opportunities that will be	556
offered to students including both classroom-based and	557
non-classroom-based learning opportunities that is in compliance	558
with criteria for student participation established by the	559
department under division (L)(2) of section 3314.08 of the Revised	560
Code;	561

(24) The school will comply with sections 3302.04 and	562
3302.041 of the Revised Code, except that any action required to	563
be taken by a school district pursuant to those sections shall be	564
taken by the sponsor of the school. However, the sponsor shall not	565
be required to take any action described in division (F) of	566
section 3302.04 of the Revised Code.	567

(25) Beginning in the 2006-2007 school year, the school will	568
open for operation not later than the thirtieth day of September	569
each school year, unless the mission of the school as specified	570
under division (A)(2) of this section is solely to serve dropouts.	571
In its initial year of operation, if the school fails to open by	572
the thirtieth day of September, or within one year after the	573
adoption of the contract pursuant to division (D) of section	574
3314.02 of the Revised Code if the mission of the school is solely	575
to serve dropouts, the contract shall be void.	576

(B) The community school shall also submit to the sponsor a	577
comprehensive plan for the school. The plan shall specify the	578
following:	579

(1) The process by which the governing authority of the	580
school will be selected in the future;	581

(2) The management and administration of the school;

582

(3) If the community school is a currently existing public	583
school or educational service center building, alternative	584
arrangements for current public school students who choose not to	585
attend the converted school and for teachers who choose not to	586
teach in the school or building after conversion;	587

(4) The instructional program and educational philosophy of	588
the school;	589

(5) Internal financial controls.

590

(C) A contract entered into under section 3314.02 of the	591
Revised Code between a sponsor and the governing authority of a	592
community school may provide for the community school governing	593
authority to make payments to the sponsor, which is hereby	594
authorized to receive such payments as set forth in the contract	595
between the governing authority and the sponsor. The total amount	596
of such payments for oversight and monitoring of the school shall	597
not exceed three per cent of the total amount of payments for	598
operating expenses that the school receives from the state.	599

(D) The contract shall specify the duties of the sponsor	600
which shall be in accordance with the written agreement entered	601
into with the department of education under division (B) of	602
section 3314.015 of the Revised Code and shall include the	603
following:	604

(1) Monitor the community school's compliance with all laws	605
applicable to the school and with the terms of the contract;	606

(2) Monitor and evaluate the academic and fiscal performance	607
and the organization and operation of the community school on at	608
least an annual basis;	609

(3) Report on an annual basis the results of the evaluation	610
conducted under division (D)(2) of this section to the department	611
of education and to the parents of students enrolled in the	612
community school;	613

(4) Provide technical assistance to the community school in	614
complying with laws applicable to the school and terms of the	615
contract;	616

(5) Take steps to intervene in the school's operation to	617
correct problems in the school's overall performance, declare the	618
school to be on probationary status pursuant to section 3314.073	619
of the Revised Code, suspend the operation of the school pursuant	620
to section 3314.072 of the Revised Code, or terminate the contract	621
of the school pursuant to section 3314.07 of the Revised Code as	622
determined necessary by the sponsor;	623

(6) Have in place a plan of action to be undertaken in the	624
event the community school experiences financial difficulties or	625
closes prior to the end of a school year.	626

(E) Upon the expiration of a contract entered into under this	627
section, the sponsor of a community school may, with the approval	628
of the governing authority of the school, renew that contract for	629
a period of time determined by the sponsor, but not ending earlier	630
than the end of any school year, if the sponsor finds that the	631
school's compliance with applicable laws and terms of the contract	632
and the school's progress in meeting the academic goals prescribed	633
in the contract have been satisfactory. Any contract that is	634
renewed under this division remains subject to the provisions of	635
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	636

(F) If a community school fails to open for operation within	637
one year after the contract entered into under this section is	638
adopted pursuant to division (D) of section 3314.02 of the Revised	639
Code or permanently closes prior to the expiration of the	640
contract, the contract shall be void and the school shall not	641
enter into a contract with any other sponsor. A school shall not	642
be considered permanently closed because the operations of the	643
school have been suspended pursuant to section 3314.072 of the	644
Revised Code.	645

Sec. 3326.11. Each science, technology, engineering, and	646
mathematics school established under this chapter and its	647
governing body shall comply with sections 9.90, 9.91, 109.65,	648
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	649
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	650
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	651
3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013, 3313.6014,	652
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	653
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	654
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	655
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	656
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	657
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	658
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	659
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	660
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	661
4123., 4141., and 4167. of the Revised Code as if it were a school	662
district.	663

Section 2. That existing sections 3313.60, 3313.6011,	664
3314.03, and 3326.11 of the Revised Code are hereby repealed.	665

Section 3. (A) Section 3313.6011 of the Revised Code is to be	666
known as the "Act for Our Children's Future."	667

(B) The purposes of the Act for Our Children's Future are to:

668

(1) Provide pupils with knowledge and skills necessary to	669
protect their sexual and reproductive health from unintended	670
pregnancy and sexually transmitted infections;	671

(2) Encourage pupils to develop responsible decision-making	672
skills as well as healthy attitudes and values about adolescent	673
growth and development, body image, gender roles, sexual	674
orientation, and healthy relationships.	675

Section 4. The references to section 3313.674 of the Revised	676
Code, in division (A)(11)(h) of section 3314.03 and in section	677
3326.11 of the Revised Code, are presented in this act as law in	678
conformity with the expressed intent of the Governor's veto	679
message for Am. Sub. H.B. 153 of the 129th General Assembly to	680
veto the repeal of the body mass index screening program.	681