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| To amend sections 3313.713, 3314.03, 3326.11, and | 1 |
| 3328.24 and to enact section 3313.7110 of the | 2 |
| Revised Code and to amend the version of section | 3 |
| 3326.11 of the Revised Code that is scheduled to | 4 |
| take effect on July 1, 2014, regarding care for | 5 |
| students with diabetes in schools. | 6 |
| Section 1. That sections 3313.713, 3314.03, 3326.11, and | 7 |
| 3328.24 be amended and section 3313.7110 be enacted to read as | 8 |
| follows: | 9 |
| Sec. 3313.713. (A) As used in this section: | 10 |
| (1) "Drug" means a drug, as defined in section 4729.01 of the | 11 |
| Revised Code, that is to be administered pursuant to the | 12 |
| instructions of the prescriber, whether or not required by law to | 13 |
| be sold only upon a prescription. | 14 |
| (2) "Federal law" means the "Individuals with Disabilities | 15 |
| Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended. | 16 |
| (3) "Prescriber" has the same meaning as in section 4729.01 | 17 |
| of the Revised Code. | 18 |
| (B) The board of education of each city, local, exempted | 19 |
| village, and joint vocational school district shall, not later | 20 |
| than one hundred twenty days after September 20, 1984, adopt a | 21 |
| policy on the authority of its employees, when acting in | 22 |
| situations other than those governed by sections 2305.23, | 23 |
|
2305.231, | 24 |
| administer drugs prescribed to students enrolled in the schools of | 25 |
| the district. The policy shall provide either that: | 26 |
| (1) Except as otherwise required by federal law, no person | 27 |
| employed by the board shall, in the course of such employment, | 28 |
| administer any drug prescribed to any student enrolled in the | 29 |
| schools of the district. | 30 |
| (2) Designated persons employed by the board are authorized | 31 |
| to administer to a student a drug prescribed for the student. | 32 |
| Effective July 1, 2011, only employees of the board who are | 33 |
| licensed health professionals, or who have completed a drug | 34 |
| administration training program conducted by a licensed health | 35 |
| professional and considered appropriate by the board, may | 36 |
| administer to a student a drug prescribed for the student. Except | 37 |
| as otherwise provided by federal law, the board's policy may | 38 |
| provide that certain drugs or types of drugs shall not be | 39 |
| administered or that no employee shall use certain procedures, | 40 |
| such as injection, to administer a drug to a student. | 41 |
| (C) No drug prescribed for a student shall be administered | 42 |
| pursuant to federal law or a policy adopted under division (B) of | 43 |
| this section until the following occur: | 44 |
| (1) The board, or a person designated by the board, receives | 45 |
| a written request, signed by the parent, guardian, or other person | 46 |
| having care or charge of the student, that the drug be | 47 |
| administered to the student. | 48 |
| (2) The board, or a person designated by the board, receives | 49 |
| a statement, signed by the prescriber, that includes all of the | 50 |
| following information: | 51 |
| (a) The name and address of the student; | 52 |
| (b) The school and class in which the student is enrolled; | 53 |
| (c) The name of the drug and the dosage to be administered; | 54 |
| (d) The times or intervals at which each dosage of the drug | 55 |
| is to be administered; | 56 |
| (e) The date the administration of the drug is to begin; | 57 |
| (f) The date the administration of the drug is to cease; | 58 |
| (g) Any severe adverse reactions that should be reported to | 59 |
| the prescriber and one or more phone numbers at which the | 60 |
| prescriber can be reached in an emergency; | 61 |
| (h) Special instructions for administration of the drug, | 62 |
| including sterile conditions and storage. | 63 |
| (3) The parent, guardian, or other person having care or | 64 |
| charge of the student agrees to submit a revised statement signed | 65 |
| by the prescriber to the board or a person designated by the board | 66 |
| if any of the information provided by the prescriber pursuant to | 67 |
| division (C)(2) of this section changes. | 68 |
| (4) The person authorized by the board to administer the drug | 69 |
| receives a copy of the statement required by division (C)(2) or | 70 |
| (3) of this section. | 71 |
| (5) The drug is received by the person authorized to | 72 |
| administer the drug to the student for whom the drug is prescribed | 73 |
| in the container in which it was dispensed by the prescriber or a | 74 |
| licensed pharmacist. | 75 |
| (6) Any other procedures required by the board are followed. | 76 |
| (D) If a drug is administered to a student, the board of | 77 |
| education shall acquire and retain copies of the written requests | 78 |
| required by division (C)(1) and the statements required by | 79 |
| divisions (C)(2) and (3) of this section and shall ensure that by | 80 |
| the next school day following the receipt of any such statement a | 81 |
| copy is given to the person authorized to administer drugs to the | 82 |
| student for whom the statement has been received. The board, or a | 83 |
| person designated by the board, shall establish a location in each | 84 |
| school building for the storage of drugs to be administered under | 85 |
| this section and federal law. All such drugs shall be stored in | 86 |
| that location in a locked storage place, except that drugs that | 87 |
| require refrigeration may be kept in a refrigerator in a place not | 88 |
| commonly used by students. | 89 |
| (E) No person who has been authorized by a board of education | 90 |
| to administer a drug and has a copy of the most recent statement | 91 |
| required by division (C)(2) or (3) of this section given to the | 92 |
| person in accordance with division (D) of this section prior to | 93 |
| administering the drug is liable in civil damages for | 94 |
| administering or failing to administer the drug, unless such | 95 |
| person acts in a manner that constitutes gross negligence or | 96 |
| wanton or reckless misconduct. | 97 |
| (F) A board of education may designate a person or persons to | 98 |
| perform any function or functions in connection with a drug policy | 99 |
| adopted under this section either by name or by position, | 100 |
| training, qualifications, or similar distinguishing factors. | 101 |
| (G) A policy adopted by a board of education pursuant to this | 102 |
| section may be changed, modified, or revised by action of the | 103 |
| board. | 104 |
| (H) Nothing in this section shall be construed to require a | 105 |
| person employed by a board of education to administer a drug to a | 106 |
| student unless the board's policy adopted in compliance with this | 107 |
| section establishes such a requirement. A board shall not require | 108 |
| an employee to administer a drug to a student if the employee | 109 |
| objects, on the basis of religious convictions, to administering | 110 |
| the drug. | 111 |
| Nothing in this section affects the application of section | 112 |
|
2305.23, 2305.231, | 113 |
| to the administration of emergency care or treatment to a student. | 114 |
| Nothing in this section affects the ability of a public or | 115 |
| nonpublic school to participate in a school-based fluoride mouth | 116 |
| rinse program established by the director of health pursuant to | 117 |
| section 3701.136 of the Revised Code. Nothing in this section | 118 |
| affects the ability of a person who is employed by, or who | 119 |
| volunteers for, a school that participates in such a program to | 120 |
| administer fluoride mouth rinse to a student in accordance with | 121 |
| section 3701.136 of the Revised Code and any rules adopted by the | 122 |
| director under that section. | 123 |
| Sec. 3313.7110. (A) As used in this section, "school | 124 |
| employee" or "employee" means any of the following: | 125 |
| (1) A person employed by the board of education of a city, | 126 |
| local, exempted village, or joint vocational school district or | 127 |
| the governing authority of a chartered nonpublic school; | 128 |
| (2) A person employed by a local health department who is | 129 |
| assigned to a school in a city, local, exempted village, or joint | 130 |
| vocational school district or a chartered nonpublic school; | 131 |
| (3) A subcontractor of a local health department who is | 132 |
| assigned to a school in a city, local, exempted village, or joint | 133 |
| vocational school district or a chartered nonpublic school. | 134 |
| (B) The board of education of each city, local, exempted | 135 |
| village, and joint vocational school district and the governing | 136 |
| authority of each chartered nonpublic school shall ensure that all | 137 |
| students with diabetes in the district or school receive | 138 |
| appropriate and needed diabetes care in accordance with an order | 139 |
| signed by the student's treating physician, including any of the | 140 |
| following: | 141 |
| (1) Checking and recording blood glucose levels and ketone | 142 |
| levels or assisting a student with checking and recording these | 143 |
| levels; | 144 |
| (2) Responding to blood glucose levels that are outside of | 145 |
| the student's target range; | 146 |
| (3) Administering glucagon and other emergency treatments as | 147 |
| prescribed; | 148 |
| (4) Administering insulin or assisting a student in | 149 |
| administering insulin through the insulin delivery system the | 150 |
| student uses; | 151 |
| (5) Providing oral diabetes medications; | 152 |
| (6) Understanding recommended schedules and food intake for | 153 |
| meals and snacks in order to calculate medication dosages pursuant | 154 |
| to the student's physician's order; | 155 |
| (7) Following the physician's instructions regarding meals, | 156 |
| snacks, and physical activity; | 157 |
| (8) Administration of diabetes medication, as long as the | 158 |
| conditions prescribed in division (C) of this section are | 159 |
| satisfied. | 160 |
| (C)(1) Notwithstanding division (B) of section 3313.713 of | 161 |
| the Revised Code, diabetes medication may be administered under | 162 |
| this section by the school nurse or, in the absence of the school | 163 |
| nurse, a school employee who is trained in diabetes care under | 164 |
| division (E) of this section. Medication administration may be | 165 |
| provided under this section only when the conditions prescribed in | 166 |
| division (C) of section 3313.713 of the Revised Code are | 167 |
| satisfied. | 168 |
| (2) Notwithstanding division (D) of section 3313.713 of the | 169 |
| Revised Code, medication that is to be administered under this | 170 |
| section may be kept in an easily accessible location. | 171 |
| (3) The school nurse or at least one of the school employees | 172 |
| trained in diabetes care shall be on site and available to provide | 173 |
| care to each student with diabetes during both of the following: | 174 |
| (a) Regular school hours; | 175 |
| (b) All school-sponsored activities, including | 176 |
| school-sponsored before school and after school care programs, | 177 |
| field trips, extended off-site excursions, extracurricular | 178 |
| activities, and busing to and from these activities, if the bus | 179 |
| driver has not completed training in diabetes care under division | 180 |
| (D) of this section. | 181 |
| (D)(1) Not later than one hundred eighty days after the | 182 |
| effective date of this section, the department of education shall | 183 |
| adopt nationally recognized guidelines, as determined by the | 184 |
| department, for the training of school employees in diabetes care | 185 |
| for students. In doing so, the department shall consult with the | 186 |
| department of health, the American diabetes association, and the | 187 |
| Ohio school nurses association. The department may also consult | 188 |
| with any other organizations as determined appropriate by the | 189 |
| department. | 190 |
| (2) The guidelines shall address all of the following issues: | 191 |
| (a) Recognizing the symptoms of hypoglycemia and | 192 |
| hyperglycemia; | 193 |
| (b) The appropriate treatment for a student who exhibits the | 194 |
| symptoms of hypoglycemia or hyperglycemia; | 195 |
| (c) Recognizing situations that require the provision of | 196 |
| emergency medical assistance to a student; | 197 |
| (d) Understanding the appropriate treatment for a student, | 198 |
| based on a student's physician's order, if the student's blood | 199 |
| glucose level is not within the target range indicated by the | 200 |
| order; | 201 |
| (e) Understanding the instructions in a student's physician's | 202 |
| order concerning necessary medications; | 203 |
| (f) Performing blood glucose and ketone tests in accordance | 204 |
| with a student's physician's order and recording the results of | 205 |
| those tests; | 206 |
| (g) Administering insulin, glucagon, or other medication in | 207 |
| accordance with a student's physician's order and recording the | 208 |
| results of the administration; | 209 |
| (h) Understanding the relationship between the diet | 210 |
| recommended in a student's physician's order and actions which may | 211 |
| be taken if the recommended diet is not followed. | 212 |
| (E)(1) The board of education of each city, local, exempted | 213 |
| village, and joint vocational school district and the governing | 214 |
| authority of each chartered nonpublic school shall ensure that an | 215 |
| adequate number, as determined by the board, of school employees | 216 |
| at each school attended by a student with diabetes have completed | 217 |
| training that complies with the guidelines developed under | 218 |
| division (D) of this section. The training shall be coordinated by | 219 |
| a school nurse or, if the school does not employ a school nurse, a | 220 |
| health care professional with expertise in diabetes that is | 221 |
| approved by the school to provide such training. The training | 222 |
| shall take place prior to the beginning of each school year or, as | 223 |
| needed, within fourteen days of the enrollment of a student with | 224 |
| diabetes or within fourteen days after the parent of a child | 225 |
| enrolled at the school notifies the school of the child's | 226 |
| diagnosis of diabetes. | 227 |
| The school nurse or approved health care professional with | 228 |
| expertise in diabetes shall promptly provide all necessary | 229 |
| follow-up training and supervision to employees who receive this | 230 |
| training. | 231 |
| (2) If at any time fewer than the adequate number, as | 232 |
| determined by a board under division (E)(1) of this section, of | 233 |
| school employees at a school attended by a student with diabetes | 234 |
| have received training under division (E)(1) of this section, the | 235 |
| principal of the school or another school administrative official | 236 |
| who is authorized to act on behalf of the principal shall | 237 |
| distribute a written notice to all employees containing all of the | 238 |
| following: | 239 |
| (a) A statement that the school is required to provide | 240 |
| diabetes care to one or more students with diabetes and is seeking | 241 |
| employees who are willing to be trained to provide that care; | 242 |
| (b) A description of the tasks to be performed; | 243 |
| (c) A statement that participation is voluntary and the | 244 |
| school district will take no action against any employee who does | 245 |
| not agree to provide diabetes care; | 246 |
| (d) A statement that training will be provided to employees | 247 |
| who agree to provide care; | 248 |
| (e) A statement that trained employees are protected from | 249 |
| liability under division (J) of this section; | 250 |
| (f) The name of the individual who should be contacted if an | 251 |
| employee is interested in providing diabetes care. | 252 |
| (3) No employee of a board of education of a city, local, | 253 |
| exempted village, or joint vocational school district or a | 254 |
| governing authority of a chartered nonpublic school shall be | 255 |
| subject to any penalty or disciplinary action for refusing to | 256 |
| volunteer to be trained in diabetes care. | 257 |
| (4) No board of education of a city, local, exempted village, | 258 |
| or joint vocational school district or governing authority of a | 259 |
| chartered nonpublic school shall discourage employees from | 260 |
| agreeing to provide diabetes care under this section. | 261 |
| (F) The board of education of each city, local, exempted | 262 |
| village, or joint vocational school district or governing | 263 |
| authority of a chartered nonpublic school shall provide training | 264 |
| in the recognition of hypoglycemia and hyperglycemia and actions | 265 |
| to take in response to emergency situations involving these | 266 |
| conditions to both of the following: | 267 |
| (1) All school employees who have primary responsibility for | 268 |
| supervising a child with diabetes during some portion of the | 269 |
| school day; | 270 |
| (2) Bus drivers responsible for the transportation of a | 271 |
| student with diabetes. | 272 |
| (G) Students with diabetes shall be permitted to attend the | 273 |
| school they would otherwise attend if they did not have diabetes, | 274 |
| and the diabetes care specified in division (B) of this section | 275 |
| shall be provided at the school. A board of education of a city, | 276 |
| local, exempted village, or joint vocational school district or a | 277 |
| governing authority of a chartered nonpublic school shall not | 278 |
| restrict a student who has diabetes from attending any school on | 279 |
| the basis that the student has diabetes, that the school does not | 280 |
| have a full-time school nurse, or that the school does not have | 281 |
| trained diabetes care employees. A school shall not require or | 282 |
| pressure parents or guardians to provide diabetes care for a | 283 |
| student with diabetes at school or school-related activities. | 284 |
| (H) Notwithstanding section 3313.713 of the Revised Code or | 285 |
| any policy adopted under that section, upon written request of the | 286 |
| parent or guardian and authorization by the student's treating | 287 |
| physician, a student with diabetes shall be permitted to perform | 288 |
| blood glucose checks, administer insulin through the insulin | 289 |
| delivery system the student uses, treat hypoglycemia and | 290 |
| hyperglycemia, and otherwise attend to the care and management of | 291 |
| the student's diabetes in the classroom, in any area of the school | 292 |
| or school grounds, and at any school-related activity, and to | 293 |
| possess on the student's self at all times all necessary supplies | 294 |
| and equipment to perform these monitoring and treatment functions. | 295 |
| If the parent or student so requests, the student shall have | 296 |
| access to a private area for performing diabetes care tasks. | 297 |
| (I)(1) Notwithstanding any other provision of the Revised | 298 |
| Code to the contrary, the diabetes care tasks set forth in | 299 |
| division (B) of this section shall not constitute the practice of | 300 |
| nursing and shall be exempt from all applicable statutory and | 301 |
| regulatory provisions that restrict what activities can be | 302 |
| delegated to or performed by a person who is not a licensed health | 303 |
| care professional. | 304 |
| (2) Notwithstanding any other provision of the Revised Code | 305 |
| to the contrary, a licensed health care professional shall be | 306 |
| permitted to provide training to school employees under division | 307 |
| (E) of this section or to supervise such school employees in | 308 |
| performing those tasks. | 309 |
| (3) Nothing in this section diminishes the rights of eligible | 310 |
| students or the obligations of school districts under the | 311 |
| "Individuals with Disabilities Education Act," 20 U.S.C. 1400 et | 312 |
| seq., Section 504 of the "Rehabilitation Act," 29 U.S.C. 794, or | 313 |
| the "Americans with Disabilities Act," 42 U.S.C. 12101 et seq. | 314 |
| (J) No physician, nurse, school employee, board of education | 315 |
| of a city, local, exempted village, or joint vocational school | 316 |
| district, or governing authority of a chartered nonpublic school | 317 |
| shall be liable for civil damages or subject to disciplinary | 318 |
| action under professional licensing regulations or school | 319 |
| disciplinary policies as a result of the activities authorized by | 320 |
| this section when such acts are committed as an ordinarily | 321 |
| reasonably prudent person would have acted under the same or | 322 |
| similar circumstances. | 323 |
| Sec. 3314.03. A copy of every contract entered into under | 324 |
| this section shall be filed with the superintendent of public | 325 |
| instruction. The department of education shall make available on | 326 |
| its web site a copy of every approved, executed contract filed | 327 |
| with the superintendent under this section. | 328 |
| (A) Each contract entered into between a sponsor and the | 329 |
| governing authority of a community school shall specify the | 330 |
| following: | 331 |
| (1) That the school shall be established as either of the | 332 |
| following: | 333 |
| (a) A nonprofit corporation established under Chapter 1702. | 334 |
| of the Revised Code, if established prior to April 8, 2003; | 335 |
| (b) A public benefit corporation established under Chapter | 336 |
| 1702. of the Revised Code, if established after April 8, 2003. | 337 |
| (2) The education program of the school, including the | 338 |
| school's mission, the characteristics of the students the school | 339 |
| is expected to attract, the ages and grades of students, and the | 340 |
| focus of the curriculum; | 341 |
| (3) The academic goals to be achieved and the method of | 342 |
| measurement that will be used to determine progress toward those | 343 |
| goals, which shall include the statewide achievement assessments; | 344 |
| (4) Performance standards by which the success of the school | 345 |
| will be evaluated by the sponsor; | 346 |
| (5) The admission standards of section 3314.06 of the Revised | 347 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 348 |
| (6)(a) Dismissal procedures; | 349 |
| (b) A requirement that the governing authority adopt an | 350 |
| attendance policy that includes a procedure for automatically | 351 |
| withdrawing a student from the school if the student without a | 352 |
| legitimate excuse fails to participate in one hundred five | 353 |
| consecutive hours of the learning opportunities offered to the | 354 |
| student. | 355 |
| (7) The ways by which the school will achieve racial and | 356 |
| ethnic balance reflective of the community it serves; | 357 |
| (8) Requirements for financial audits by the auditor of | 358 |
| state. The contract shall require financial records of the school | 359 |
| to be maintained in the same manner as are financial records of | 360 |
| school districts, pursuant to rules of the auditor of state. | 361 |
| Audits shall be conducted in accordance with section 117.10 of the | 362 |
| Revised Code. | 363 |
| (9) The facilities to be used and their locations; | 364 |
| (10) Qualifications of teachers, including a requirement that | 365 |
| the school's classroom teachers be licensed in accordance with | 366 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 367 |
| community school may engage noncertificated persons to teach up to | 368 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 369 |
| Code. | 370 |
| (11) That the school will comply with the following | 371 |
| requirements: | 372 |
| (a) The school will provide learning opportunities to a | 373 |
| minimum of twenty-five students for a minimum of nine hundred | 374 |
| twenty hours per school year. | 375 |
| (b) The governing authority will purchase liability | 376 |
| insurance, or otherwise provide for the potential liability of the | 377 |
| school. | 378 |
| (c) The school will be nonsectarian in its programs, | 379 |
| admission policies, employment practices, and all other | 380 |
| operations, and will not be operated by a sectarian school or | 381 |
| religious institution. | 382 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 383 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 384 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 385 |
| 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 386 |
| 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 387 |
| 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 388 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7110, | 389 |
| 3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, | 390 |
| 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, | 391 |
| 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 392 |
| 4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., | 393 |
| 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it | 394 |
| were a school district and will comply with section 3301.0714 of | 395 |
| the Revised Code in the manner specified in section 3314.17 of the | 396 |
| Revised Code. | 397 |
| (e) The school shall comply with Chapter 102. and section | 398 |
| 2921.42 of the Revised Code. | 399 |
| (f) The school will comply with sections 3313.61, 3313.611, | 400 |
| and 3313.614 of the Revised Code, except that for students who | 401 |
| enter ninth grade for the first time before July 1, 2010, the | 402 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 403 |
| that a person must successfully complete the curriculum in any | 404 |
| high school prior to receiving a high school diploma may be met by | 405 |
| completing the curriculum adopted by the governing authority of | 406 |
| the community school rather than the curriculum specified in Title | 407 |
| XXXIII of the Revised Code or any rules of the state board of | 408 |
| education. Beginning with students who enter ninth grade for the | 409 |
| first time on or after July 1, 2010, the requirement in sections | 410 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 411 |
| successfully complete the curriculum of a high school prior to | 412 |
| receiving a high school diploma shall be met by completing the | 413 |
| Ohio core curriculum prescribed in division (C) of section | 414 |
| 3313.603 of the Revised Code, unless the person qualifies under | 415 |
| division (D) or (F) of that section. Each school shall comply with | 416 |
| the plan for awarding high school credit based on demonstration of | 417 |
| subject area competency, adopted by the state board of education | 418 |
| under division (J) of section 3313.603 of the Revised Code. | 419 |
| (g) The school governing authority will submit within four | 420 |
| months after the end of each school year a report of its | 421 |
| activities and progress in meeting the goals and standards of | 422 |
| divisions (A)(3) and (4) of this section and its financial status | 423 |
| to the sponsor and the parents of all students enrolled in the | 424 |
| school. | 425 |
| (h) The school, unless it is an internet- or computer-based | 426 |
| community school, will comply with section 3313.801 of the Revised | 427 |
| Code as if it were a school district. | 428 |
| (i) If the school is the recipient of moneys from a grant | 429 |
| awarded under the federal race to the top program, Division (A), | 430 |
| Title XIV, Sections 14005 and 14006 of the "American Recovery and | 431 |
| Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 432 |
| school will pay teachers based upon performance in accordance with | 433 |
| section 3317.141 and will comply with section 3319.111 of the | 434 |
| Revised Code as if it were a school district. | 435 |
| (12) Arrangements for providing health and other benefits to | 436 |
| employees; | 437 |
| (13) The length of the contract, which shall begin at the | 438 |
| beginning of an academic year. No contract shall exceed five years | 439 |
| unless such contract has been renewed pursuant to division (E) of | 440 |
| this section. | 441 |
| (14) The governing authority of the school, which shall be | 442 |
| responsible for carrying out the provisions of the contract; | 443 |
| (15) A financial plan detailing an estimated school budget | 444 |
| for each year of the period of the contract and specifying the | 445 |
| total estimated per pupil expenditure amount for each such year. | 446 |
| (16) Requirements and procedures regarding the disposition of | 447 |
| employees of the school in the event the contract is terminated or | 448 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 449 |
| (17) Whether the school is to be created by converting all or | 450 |
| part of an existing public school or educational service center | 451 |
| building or is to be a new start-up school, and if it is a | 452 |
| converted public school or service center building, specification | 453 |
| of any duties or responsibilities of an employer that the board of | 454 |
| education or service center governing board that operated the | 455 |
| school or building before conversion is delegating to the | 456 |
| governing authority of the community school with respect to all or | 457 |
| any specified group of employees provided the delegation is not | 458 |
| prohibited by a collective bargaining agreement applicable to such | 459 |
| employees; | 460 |
| (18) Provisions establishing procedures for resolving | 461 |
| disputes or differences of opinion between the sponsor and the | 462 |
| governing authority of the community school; | 463 |
| (19) A provision requiring the governing authority to adopt a | 464 |
| policy regarding the admission of students who reside outside the | 465 |
| district in which the school is located. That policy shall comply | 466 |
| with the admissions procedures specified in sections 3314.06 and | 467 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 468 |
| authority, shall do one of the following: | 469 |
| (a) Prohibit the enrollment of students who reside outside | 470 |
| the district in which the school is located; | 471 |
| (b) Permit the enrollment of students who reside in districts | 472 |
| adjacent to the district in which the school is located; | 473 |
| (c) Permit the enrollment of students who reside in any other | 474 |
| district in the state. | 475 |
| (20) A provision recognizing the authority of the department | 476 |
| of education to take over the sponsorship of the school in | 477 |
| accordance with the provisions of division (C) of section 3314.015 | 478 |
| of the Revised Code; | 479 |
| (21) A provision recognizing the sponsor's authority to | 480 |
| assume the operation of a school under the conditions specified in | 481 |
| division (B) of section 3314.073 of the Revised Code; | 482 |
| (22) A provision recognizing both of the following: | 483 |
| (a) The authority of public health and safety officials to | 484 |
| inspect the facilities of the school and to order the facilities | 485 |
| closed if those officials find that the facilities are not in | 486 |
| compliance with health and safety laws and regulations; | 487 |
| (b) The authority of the department of education as the | 488 |
| community school oversight body to suspend the operation of the | 489 |
| school under section 3314.072 of the Revised Code if the | 490 |
| department has evidence of conditions or violations of law at the | 491 |
| school that pose an imminent danger to the health and safety of | 492 |
| the school's students and employees and the sponsor refuses to | 493 |
| take such action. | 494 |
| (23) A description of the learning opportunities that will be | 495 |
| offered to students including both classroom-based and | 496 |
| non-classroom-based learning opportunities that is in compliance | 497 |
| with criteria for student participation established by the | 498 |
| department under division (H)(2) of section 3314.08 of the Revised | 499 |
| Code; | 500 |
| (24) The school will comply with sections 3302.04 and | 501 |
| 3302.041 of the Revised Code, except that any action required to | 502 |
| be taken by a school district pursuant to those sections shall be | 503 |
| taken by the sponsor of the school. However, the sponsor shall not | 504 |
| be required to take any action described in division (F) of | 505 |
| section 3302.04 of the Revised Code. | 506 |
| (25) Beginning in the 2006-2007 school year, the school will | 507 |
| open for operation not later than the thirtieth day of September | 508 |
| each school year, unless the mission of the school as specified | 509 |
| under division (A)(2) of this section is solely to serve dropouts. | 510 |
| In its initial year of operation, if the school fails to open by | 511 |
| the thirtieth day of September, or within one year after the | 512 |
| adoption of the contract pursuant to division (D) of section | 513 |
| 3314.02 of the Revised Code if the mission of the school is solely | 514 |
| to serve dropouts, the contract shall be void. | 515 |
| (B) The community school shall also submit to the sponsor a | 516 |
| comprehensive plan for the school. The plan shall specify the | 517 |
| following: | 518 |
| (1) The process by which the governing authority of the | 519 |
| school will be selected in the future; | 520 |
| (2) The management and administration of the school; | 521 |
| (3) If the community school is a currently existing public | 522 |
| school or educational service center building, alternative | 523 |
| arrangements for current public school students who choose not to | 524 |
| attend the converted school and for teachers who choose not to | 525 |
| teach in the school or building after conversion; | 526 |
| (4) The instructional program and educational philosophy of | 527 |
| the school; | 528 |
| (5) Internal financial controls. | 529 |
| (C) A contract entered into under section 3314.02 of the | 530 |
| Revised Code between a sponsor and the governing authority of a | 531 |
| community school may provide for the community school governing | 532 |
| authority to make payments to the sponsor, which is hereby | 533 |
| authorized to receive such payments as set forth in the contract | 534 |
| between the governing authority and the sponsor. The total amount | 535 |
| of such payments for oversight and monitoring of the school shall | 536 |
| not exceed three per cent of the total amount of payments for | 537 |
| operating expenses that the school receives from the state. | 538 |
| (D) The contract shall specify the duties of the sponsor | 539 |
| which shall be in accordance with the written agreement entered | 540 |
| into with the department of education under division (B) of | 541 |
| section 3314.015 of the Revised Code and shall include the | 542 |
| following: | 543 |
| (1) Monitor the community school's compliance with all laws | 544 |
| applicable to the school and with the terms of the contract; | 545 |
| (2) Monitor and evaluate the academic and fiscal performance | 546 |
| and the organization and operation of the community school on at | 547 |
| least an annual basis; | 548 |
| (3) Report on an annual basis the results of the evaluation | 549 |
| conducted under division (D)(2) of this section to the department | 550 |
| of education and to the parents of students enrolled in the | 551 |
| community school; | 552 |
| (4) Provide technical assistance to the community school in | 553 |
| complying with laws applicable to the school and terms of the | 554 |
| contract; | 555 |
| (5) Take steps to intervene in the school's operation to | 556 |
| correct problems in the school's overall performance, declare the | 557 |
| school to be on probationary status pursuant to section 3314.073 | 558 |
| of the Revised Code, suspend the operation of the school pursuant | 559 |
| to section 3314.072 of the Revised Code, or terminate the contract | 560 |
| of the school pursuant to section 3314.07 of the Revised Code as | 561 |
| determined necessary by the sponsor; | 562 |
| (6) Have in place a plan of action to be undertaken in the | 563 |
| event the community school experiences financial difficulties or | 564 |
| closes prior to the end of a school year. | 565 |
| (E) Upon the expiration of a contract entered into under this | 566 |
| section, the sponsor of a community school may, with the approval | 567 |
| of the governing authority of the school, renew that contract for | 568 |
| a period of time determined by the sponsor, but not ending earlier | 569 |
| than the end of any school year, if the sponsor finds that the | 570 |
| school's compliance with applicable laws and terms of the contract | 571 |
| and the school's progress in meeting the academic goals prescribed | 572 |
| in the contract have been satisfactory. Any contract that is | 573 |
| renewed under this division remains subject to the provisions of | 574 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 575 |
| (F) If a community school fails to open for operation within | 576 |
| one year after the contract entered into under this section is | 577 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 578 |
| Code or permanently closes prior to the expiration of the | 579 |
| contract, the contract shall be void and the school shall not | 580 |
| enter into a contract with any other sponsor. A school shall not | 581 |
| be considered permanently closed because the operations of the | 582 |
| school have been suspended pursuant to section 3314.072 of the | 583 |
| Revised Code. | 584 |
| Sec. 3326.11. Each science, technology, engineering, and | 585 |
| mathematics school established under this chapter and its | 586 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 587 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 588 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 589 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 590 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 591 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 592 |
| 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 593 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 594 |
| 3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801, | 595 |
| 3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, | 596 |
| 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, | 597 |
| 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 598 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 599 |
| Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., | 600 |
| 4112., 4123., 4141., and 4167. of the Revised Code as if it were a | 601 |
| school district. | 602 |
| Sec. 3328.24. A college-preparatory boarding school | 603 |
| established under this chapter and its board of trustees shall | 604 |
| comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 605 |
| 3301.0714, 3313.6411, 3313.7110, 3319.39, and 3319.391 of the | 606 |
| Revised Code as if the school were a school district and the | 607 |
| school's board of trustees were a district board of education. | 608 |
| Section 2. That existing sections 3313.713, 3314.03, 3326.11, | 609 |
| and 3328.24 of the Revised Code are hereby repealed. | 610 |
| Section 3. That the version of section 3326.11 of the Revised | 611 |
| Code that is scheduled to take effect on July 1, 2014, be amended | 612 |
| to read as follows: | 613 |
| Sec. 3326.11. Each science, technology, engineering, and | 614 |
| mathematics school established under this chapter and its | 615 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 616 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 617 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 618 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 619 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 620 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 621 |
| 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 622 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 623 |
| 3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801, | 624 |
| 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, | 625 |
| 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 626 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 627 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 628 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 629 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 630 |
| district. | 631 |
| Section 4. That the existing version of section 3326.11 of | 632 |
| the Revised Code that is scheduled to take effect on July 1, 2014, | 633 |
| is hereby repealed. | 634 |
| Section 5. Sections 3 and 4 of this act take effect on July | 635 |
| 1, 2014. | 636 |