As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 264


Representatives Wachtmann, Barnes 

Cosponsors: Representatives Antonio, Beck, Grossman, Milkovich, Brown, Bishoff, Johnson, Sears, Smith, Sprague, Amstutz, Anielski, Baker, Blair, Buchy, Carney, Fedor, Foley, Green, Hackett, Hagan, C., Hill, Huffman, Mallory, Rogers, Sheehy, Young Speaker Batchelder 

Senators Tavares, Balderson, Brown, Burke, Coley, Eklund, Gardner, Gentile, Hite, Hughes, Jones, Jordan, Kearney, Manning, Oelslager, Patton, Peterson, Sawyer, Schiavoni, Seitz, Smith, Turner, Uecker, Widener 



A BILL
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


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

       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, and 3313.712, and 3313.7110 of the Revised Code, to 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, or 3313.712, or 3313.7110 of the Revised Code 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:124

       (1) "Board" means a board of education of a city, local, 125
exempted village, or joint vocational school district.126

       (2) "Governing authority" means a governing authority of a 127
chartered nonpublic school.128

       (3) "Licensed health care professional" means either of the 129
following:130

       (a) A physician authorized under Chapter 4731. of the Revised 131
Code to practice medicine and surgery or osteopathic medicine and 132
surgery;133

       (b) A registered nurse or licensed practical nurse licensed 134
under Chapter 4723. of the Revised Code.135

       (4) "Local health department" means a department operated by 136
a board of health of a city or general health district or the 137
authority having the duties of a board of health as described in 138
section 3709.05 of the Revised Code.139

       (5) "School employee" or "employee" means either of the 140
following:141

       (a) A person employed by the board of education of a city, 142
local, exempted village, or joint vocational school district or 143
the governing authority of a chartered nonpublic school;144

       (b) A licensed health care professional employed by or under 145
contract with a local health department who is assigned to a 146
school in a city, local, exempted village, or joint vocational 147
school district or a chartered nonpublic school.148

       (6) "504 plan" means a plan based on an evaluation conducted 149
in accordance with section 504 of the "Rehabilitation Act of 150
1973," 29 U.S.C. 794, as amended.151

       (B)(1) The board or governing authority shall ensure that 152
each student enrolled in the district or school who has diabetes 153
receives appropriate and needed diabetes care in accordance with 154
an order signed by the student's treating physician. The diabetes 155
care to be provided includes any of the following:156

       (a) Checking and recording blood glucose levels and ketone 157
levels or assisting the student with checking and recording these 158
levels;159

       (b) Responding to blood glucose levels that are outside of 160
the student's target range;161

       (c) In the case of severe hypoglycemia, administering 162
glucagon and other emergency treatments as prescribed;163

       (d) Administering insulin or assisting the student in 164
self-administering insulin through the insulin delivery system the 165
student uses;166

       (e) Providing oral diabetes medications;167

       (f) Understanding recommended schedules and food intake for 168
meals and snacks in order to calculate medication dosages pursuant 169
to the student's physician's order;170

       (g) Following the physician's instructions regarding meals, 171
snacks, and physical activity;172

       (h) Administering diabetes medication, as long as the 173
conditions prescribed in division (C) of this section are 174
satisfied.175

       (2) Not later than fourteen days after receipt of an order 176
signed by the treating physician of a student with diabetes, the 177
board or governing authority shall inform the student's parent, 178
guardian, or other person having care or charge of the student 179
that the student may be entitled to a 504 plan regarding the 180
student's diabetes. The department of education shall develop a 181
504 plan information sheet for use by a board or governing 182
authority when informing a student's parent, guardian, or other 183
person having care or charge of the student that the student may 184
be entitled to a 504 plan regarding the student's diabetes.185

       (C) Notwithstanding division (B) of section 3313.713 of the 186
Revised Code or any other provision of the Revised Code, diabetes 187
medication may be administered under this section by a school 188
nurse or, in the absence of a school nurse, a school employee who 189
is trained in diabetes care under division (E) of this section. 190
Medication administration may be provided under this section only 191
when the conditions prescribed in division (C) of section 3313.713 192
of the Revised Code are satisfied.193

       Notwithstanding division (D) of section 3313.713 of the 194
Revised Code, medication that is to be administered under this 195
section may be kept in an easily accessible location.196

       (D)(1) Not later than one hundred eighty days after the 197
effective date of this section, the department of education shall 198
adopt nationally recognized guidelines, as determined by the 199
department, for the training of school employees in diabetes care 200
for students. In doing so, the department shall consult with the 201
department of health, the American diabetes association, and the 202
Ohio school nurses association. The department may consult with 203
any other organizations as determined appropriate by the 204
department.205

       (2) The guidelines shall address all of the following issues:206

       (a) Recognizing the symptoms of hypoglycemia and 207
hyperglycemia;208

        (b) The appropriate treatment for a student who exhibits the 209
symptoms of hypoglycemia or hyperglycemia;210

        (c) Recognizing situations that require the provision of 211
emergency medical assistance to a student;212

        (d) Understanding the appropriate treatment for a student, 213
based on a student's physician's order, if the student's blood 214
glucose level is not within the target range indicated by the 215
order;216

        (e) Understanding the instructions in a student's physician's 217
order concerning necessary medications;218

       (f) Performing blood glucose and ketone tests in accordance 219
with a student's physician's order and recording the results of 220
those tests;221

        (g) Administering insulin, glucagon, or other medication in 222
accordance with a student's physician's order and recording the 223
results of the administration;224

        (h) Understanding the relationship between the diet 225
recommended in a student's physician's order and actions that may 226
be taken if the recommended diet is not followed. 227

       (E)(1) To ensure that a student with diabetes receives the 228
diabetes care specified in division (B) of this section, a board 229
or governing authority may provide training that complies with the 230
guidelines developed under division (D) of this section to a 231
school employee at each school attended by a student with 232
diabetes. With respect to any training provided, all of the 233
following apply:234

       (a) The training shall be coordinated by a school nurse or, 235
if the school does not employ a school nurse, a licensed health 236
care professional with expertise in diabetes who is approved by 237
the school to provide the training.238

       (b) The training shall take place prior to the beginning of 239
each school year or, as needed, not later than fourteen days after 240
receipt by the board or governing authority of an order signed by 241
the treating physician of a student with diabetes.242

       (c) On completion of the training, the board or governing 243
authority, in a manner it determines, shall determine whether each 244
employee trained is competent to provide diabetes care.245

       (d) The school nurse or approved licensed health care 246
professional with expertise in diabetes care shall promptly 247
provide all necessary follow-up training and supervision to an 248
employee who receives training.249

       (2) The principal of a school attended by a student with 250
diabetes or another school official authorized to act on behalf of 251
the principal may distribute a written notice to each employee 252
containing all of the following:253

       (a) A statement that the school is required to provide 254
diabetes care to a student with diabetes and is seeking employees 255
who are willing to be trained to provide that care;256

       (b) A description of the tasks to be performed;257

       (c) A statement that participation is voluntary and that the 258
school district will not take action against an employee who does 259
not agree to provide diabetes care;260

       (d) A statement that training will be provided by a licensed 261
health care professional to an employee who agrees to provide 262
care;263

       (e) A statement that a trained employee is immune from 264
liability under division (J) of this section;265

       (f) The name of the individual who should be contacted if an 266
employee is interested in providing diabetes care.267

       (3) No employee of a board or governing authority shall be 268
subject to a penalty or disciplinary action under school or 269
district policies for refusing to volunteer to be trained in 270
diabetes care.271

       (4) No board or governing authority shall discourage 272
employees from agreeing to provide diabetes care under this 273
section.274

       (F) A board or governing authority may provide training in 275
the recognition of hypoglycemia and hyperglycemia and actions to 276
take in response to emergency situations involving these 277
conditions to both of the following:278

       (1) A school employee who has primary responsibility for 279
supervising a student with diabetes during some portion of the 280
school day;281

       (2) A bus driver employed by a school district or chartered 282
nonpublic school responsible for the transportation of a student 283
with diabetes.284

       (G) A student with diabetes shall be permitted to attend the 285
school the student would otherwise attend if the student did not 286
have diabetes and the diabetes care specified in division (B) of 287
this section shall be provided at the school. A board or governing 288
authority shall not restrict a student who has diabetes from 289
attending the school on the basis that the student has diabetes, 290
that the school does not have a full-time school nurse, or that 291
the school does not have an employee trained in diabetes care. The 292
school shall not require or pressure a parent, guardian, or other 293
person having care or charge of a student to provide diabetes care 294
for the student with diabetes at school or school-related 295
activities.296

       (H)(1) Notwithstanding section 3313.713 of the Revised Code 297
or any policy adopted under that section and except as provided in 298
division (H)(2) of this section, on written request of the parent, 299
guardian, or other person having care or charge of a student and 300
authorization by the student's treating physician, a student with 301
diabetes shall be permitted to attend to the care and management 302
of the student's diabetes in accordance with the student's 303
physician's order during regular school hours and school-sponsored 304
activities if the student's treating physician determines that the 305
student is capable of performing diabetes care tasks. The student 306
shall be permitted to perform diabetes care tasks in a classroom, 307
in any area of the school or school grounds, and at any 308
school-related activity, and to possess on the student's self at 309
all times all necessary supplies and equipment to perform these 310
tasks. If the student or the parent, guardian, or other person 311
having care or charge of the student so requests, the student 312
shall have access to a private area for performing diabetes care 313
tasks.314

       (2) If the student performs any diabetes care tasks or uses 315
medical equipment for purposes other than the student's own care, 316
the board or governing authority may revoke the student's 317
permission to attend to the care and management of the student's 318
diabetes.319

       (I)(1) Notwithstanding any other provision of the Revised 320
Code to the contrary, a licensed health care professional shall be 321
permitted to provide training to a school employee under division 322
(E) of this section or to supervise the employee in performing 323
diabetes care tasks.324

       (2) Nothing in this section diminishes the rights of eligible 325
students or the obligations of school districts under the 326
"Individuals with Disabilities Education Act," 20 U.S.C. 1400 et 327
seq., section 504 of the "Rehabilitation Act," 29 U.S.C. 794, or 328
the "Americans with Disabilities Act," 42 U.S.C. 12101 et seq.329

       (J)(1) A school or school district, a member of a board or 330
governing authority, or a district or school employee is not 331
liable in damages in a civil action for injury, death, or loss to 332
person or property allegedly arising from providing care or 333
performing duties under this section unless the act or omission 334
constitutes willful or wanton misconduct.335

       This section does not eliminate, limit, or reduce any other 336
immunity or defense that a school or school district, member of a 337
board or governing authority, or district or school employee may 338
be entitled to under Chapter 2744. or any other provision of the 339
Revised Code or under the common law of this state.340

       (2) A school employee shall not be subject to disciplinary 341
action under school or district policies for providing care or 342
performing duties under this section.343

       (3) A school nurse or other licensed health care professional 344
shall be immune from disciplinary action by the board of nursing 345
or any other regulatory board for providing care or performing 346
duties under this section if the care provided or duties performed 347
are consistent with applicable professional standards.348

       (K)(1) Not later than the last day of December of each year, 349
a board or governing authority shall report to the department of 350
education both of the following:351

       (a) The number of students with diabetes enrolled in the 352
district or chartered nonpublic school during the previous school 353
year;354

       (b) The number of errors associated with the administration 355
of diabetes medication to students with diabetes during the 356
previous school year.357

       (2) Not later than the last day of March of each year, the 358
department shall issue a report summarizing the information 359
received by the department under division (K)(1) of this section 360
for the previous school year. The department shall make the report 361
available on its internet web site.362

       Sec. 3314.03.  A copy of every contract entered into under 363
this section shall be filed with the superintendent of public 364
instruction. The department of education shall make available on 365
its web site a copy of every approved, executed contract filed 366
with the superintendent under this section.367

       (A) Each contract entered into between a sponsor and the 368
governing authority of a community school shall specify the 369
following:370

       (1) That the school shall be established as either of the 371
following:372

       (a) A nonprofit corporation established under Chapter 1702. 373
of the Revised Code, if established prior to April 8, 2003;374

       (b) A public benefit corporation established under Chapter 375
1702. of the Revised Code, if established after April 8, 2003.376

       (2) The education program of the school, including the 377
school's mission, the characteristics of the students the school 378
is expected to attract, the ages and grades of students, and the 379
focus of the curriculum;380

       (3) The academic goals to be achieved and the method of 381
measurement that will be used to determine progress toward those 382
goals, which shall include the statewide achievement assessments;383

       (4) Performance standards by which the success of the school 384
will be evaluated by the sponsor;385

       (5) The admission standards of section 3314.06 of the Revised 386
Code and, if applicable, section 3314.061 of the Revised Code;387

       (6)(a) Dismissal procedures;388

       (b) A requirement that the governing authority adopt an 389
attendance policy that includes a procedure for automatically 390
withdrawing a student from the school if the student without a 391
legitimate excuse fails to participate in one hundred five 392
consecutive hours of the learning opportunities offered to the 393
student.394

       (7) The ways by which the school will achieve racial and 395
ethnic balance reflective of the community it serves;396

       (8) Requirements for financial audits by the auditor of 397
state. The contract shall require financial records of the school 398
to be maintained in the same manner as are financial records of 399
school districts, pursuant to rules of the auditor of state. 400
Audits shall be conducted in accordance with section 117.10 of the 401
Revised Code.402

       (9) The facilities to be used and their locations;403

       (10) Qualifications of teachers, including a requirement that 404
the school's classroom teachers be licensed in accordance with 405
sections 3319.22 to 3319.31 of the Revised Code, except that a 406
community school may engage noncertificated persons to teach up to 407
twelve hours per week pursuant to section 3319.301 of the Revised 408
Code.409

       (11) That the school will comply with the following 410
requirements:411

       (a) The school will provide learning opportunities to a 412
minimum of twenty-five students for a minimum of nine hundred 413
twenty hours per school year.414

       (b) The governing authority will purchase liability 415
insurance, or otherwise provide for the potential liability of the 416
school.417

       (c) The school will be nonsectarian in its programs, 418
admission policies, employment practices, and all other 419
operations, and will not be operated by a sectarian school or 420
religious institution.421

       (d) The school will comply with sections 9.90, 9.91, 109.65, 422
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 423
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, 424
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 425
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 426
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 427
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7110,428
3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 429
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 430
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 431
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., 432
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it 433
were a school district and will comply with section 3301.0714 of 434
the Revised Code in the manner specified in section 3314.17 of the 435
Revised Code.436

       (e) The school shall comply with Chapter 102. and section 437
2921.42 of the Revised Code.438

       (f) The school will comply with sections 3313.61, 3313.611, 439
and 3313.614 of the Revised Code, except that for students who 440
enter ninth grade for the first time before July 1, 2010, the 441
requirement in sections 3313.61 and 3313.611 of the Revised Code 442
that a person must successfully complete the curriculum in any 443
high school prior to receiving a high school diploma may be met by 444
completing the curriculum adopted by the governing authority of 445
the community school rather than the curriculum specified in Title 446
XXXIII of the Revised Code or any rules of the state board of 447
education. Beginning with students who enter ninth grade for the 448
first time on or after July 1, 2010, the requirement in sections 449
3313.61 and 3313.611 of the Revised Code that a person must 450
successfully complete the curriculum of a high school prior to 451
receiving a high school diploma shall be met by completing the 452
Ohio core curriculum prescribed in division (C) of section 453
3313.603 of the Revised Code, unless the person qualifies under 454
division (D) or (F) of that section. Each school shall comply with 455
the plan for awarding high school credit based on demonstration of 456
subject area competency, adopted by the state board of education 457
under division (J) of section 3313.603 of the Revised Code.458

       (g) The school governing authority will submit within four 459
months after the end of each school year a report of its 460
activities and progress in meeting the goals and standards of 461
divisions (A)(3) and (4) of this section and its financial status 462
to the sponsor and the parents of all students enrolled in the 463
school.464

       (h) The school, unless it is an internet- or computer-based 465
community school, will comply with section 3313.801 of the Revised 466
Code as if it were a school district.467

       (i) If the school is the recipient of moneys from a grant 468
awarded under the federal race to the top program, Division (A), 469
Title XIV, Sections 14005 and 14006 of the "American Recovery and 470
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 471
school will pay teachers based upon performance in accordance with 472
section 3317.141 and will comply with section 3319.111 of the 473
Revised Code as if it were a school district.474

       (12) Arrangements for providing health and other benefits to 475
employees;476

       (13) The length of the contract, which shall begin at the 477
beginning of an academic year. No contract shall exceed five years 478
unless such contract has been renewed pursuant to division (E) of 479
this section.480

       (14) The governing authority of the school, which shall be 481
responsible for carrying out the provisions of the contract;482

       (15) A financial plan detailing an estimated school budget 483
for each year of the period of the contract and specifying the 484
total estimated per pupil expenditure amount for each such year. 485

       (16) Requirements and procedures regarding the disposition of 486
employees of the school in the event the contract is terminated or 487
not renewed pursuant to section 3314.07 of the Revised Code;488

       (17) Whether the school is to be created by converting all or 489
part of an existing public school or educational service center 490
building or is to be a new start-up school, and if it is a 491
converted public school or service center building, specification 492
of any duties or responsibilities of an employer that the board of 493
education or service center governing board that operated the 494
school or building before conversion is delegating to the 495
governing authority of the community school with respect to all or 496
any specified group of employees provided the delegation is not 497
prohibited by a collective bargaining agreement applicable to such 498
employees;499

       (18) Provisions establishing procedures for resolving 500
disputes or differences of opinion between the sponsor and the 501
governing authority of the community school;502

       (19) A provision requiring the governing authority to adopt a 503
policy regarding the admission of students who reside outside the 504
district in which the school is located. That policy shall comply 505
with the admissions procedures specified in sections 3314.06 and 506
3314.061 of the Revised Code and, at the sole discretion of the 507
authority, shall do one of the following:508

       (a) Prohibit the enrollment of students who reside outside 509
the district in which the school is located;510

       (b) Permit the enrollment of students who reside in districts 511
adjacent to the district in which the school is located;512

       (c) Permit the enrollment of students who reside in any other 513
district in the state.514

       (20) A provision recognizing the authority of the department 515
of education to take over the sponsorship of the school in 516
accordance with the provisions of division (C) of section 3314.015 517
of the Revised Code;518

       (21) A provision recognizing the sponsor's authority to 519
assume the operation of a school under the conditions specified in 520
division (B) of section 3314.073 of the Revised Code;521

        (22) A provision recognizing both of the following:522

       (a) The authority of public health and safety officials to 523
inspect the facilities of the school and to order the facilities 524
closed if those officials find that the facilities are not in 525
compliance with health and safety laws and regulations;526

       (b) The authority of the department of education as the 527
community school oversight body to suspend the operation of the 528
school under section 3314.072 of the Revised Code if the 529
department has evidence of conditions or violations of law at the 530
school that pose an imminent danger to the health and safety of 531
the school's students and employees and the sponsor refuses to 532
take such action.533

        (23) A description of the learning opportunities that will be 534
offered to students including both classroom-based and 535
non-classroom-based learning opportunities that is in compliance 536
with criteria for student participation established by the 537
department under division (H)(2) of section 3314.08 of the Revised 538
Code;539

       (24) The school will comply with sections 3302.04 and 540
3302.041 of the Revised Code, except that any action required to 541
be taken by a school district pursuant to those sections shall be 542
taken by the sponsor of the school. However, the sponsor shall not 543
be required to take any action described in division (F) of 544
section 3302.04 of the Revised Code.545

       (25) Beginning in the 2006-2007 school year, the school will 546
open for operation not later than the thirtieth day of September 547
each school year, unless the mission of the school as specified 548
under division (A)(2) of this section is solely to serve dropouts. 549
In its initial year of operation, if the school fails to open by 550
the thirtieth day of September, or within one year after the 551
adoption of the contract pursuant to division (D) of section 552
3314.02 of the Revised Code if the mission of the school is solely 553
to serve dropouts, the contract shall be void.554

       (B) The community school shall also submit to the sponsor a 555
comprehensive plan for the school. The plan shall specify the 556
following:557

       (1) The process by which the governing authority of the 558
school will be selected in the future;559

       (2) The management and administration of the school;560

       (3) If the community school is a currently existing public 561
school or educational service center building, alternative 562
arrangements for current public school students who choose not to 563
attend the converted school and for teachers who choose not to 564
teach in the school or building after conversion;565

       (4) The instructional program and educational philosophy of 566
the school;567

       (5) Internal financial controls.568

       (C) A contract entered into under section 3314.02 of the 569
Revised Code between a sponsor and the governing authority of a 570
community school may provide for the community school governing 571
authority to make payments to the sponsor, which is hereby 572
authorized to receive such payments as set forth in the contract 573
between the governing authority and the sponsor. The total amount 574
of such payments for oversight and monitoring of the school shall 575
not exceed three per cent of the total amount of payments for 576
operating expenses that the school receives from the state.577

       (D) The contract shall specify the duties of the sponsor 578
which shall be in accordance with the written agreement entered 579
into with the department of education under division (B) of 580
section 3314.015 of the Revised Code and shall include the 581
following:582

        (1) Monitor the community school's compliance with all laws 583
applicable to the school and with the terms of the contract;584

        (2) Monitor and evaluate the academic and fiscal performance 585
and the organization and operation of the community school on at 586
least an annual basis;587

        (3) Report on an annual basis the results of the evaluation 588
conducted under division (D)(2) of this section to the department 589
of education and to the parents of students enrolled in the 590
community school;591

        (4) Provide technical assistance to the community school in 592
complying with laws applicable to the school and terms of the 593
contract;594

        (5) Take steps to intervene in the school's operation to 595
correct problems in the school's overall performance, declare the 596
school to be on probationary status pursuant to section 3314.073 597
of the Revised Code, suspend the operation of the school pursuant 598
to section 3314.072 of the Revised Code, or terminate the contract 599
of the school pursuant to section 3314.07 of the Revised Code as 600
determined necessary by the sponsor;601

        (6) Have in place a plan of action to be undertaken in the 602
event the community school experiences financial difficulties or 603
closes prior to the end of a school year.604

        (E) Upon the expiration of a contract entered into under this 605
section, the sponsor of a community school may, with the approval 606
of the governing authority of the school, renew that contract for 607
a period of time determined by the sponsor, but not ending earlier 608
than the end of any school year, if the sponsor finds that the 609
school's compliance with applicable laws and terms of the contract 610
and the school's progress in meeting the academic goals prescribed 611
in the contract have been satisfactory. Any contract that is 612
renewed under this division remains subject to the provisions of 613
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.614

       (F) If a community school fails to open for operation within 615
one year after the contract entered into under this section is 616
adopted pursuant to division (D) of section 3314.02 of the Revised 617
Code or permanently closes prior to the expiration of the 618
contract, the contract shall be void and the school shall not 619
enter into a contract with any other sponsor. A school shall not 620
be considered permanently closed because the operations of the 621
school have been suspended pursuant to section 3314.072 of the 622
Revised Code. 623

       Sec. 3326.11. Each science, technology, engineering, and 624
mathematics school established under this chapter and its 625
governing body shall comply with sections 9.90, 9.91, 109.65, 626
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 627
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 628
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 629
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, 630
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 631
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 632
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 633
3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801, 634
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 635
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 636
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 637
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and 638
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 639
4112., 4123., 4141., and 4167. of the Revised Code as if it were a 640
school district.641

       Sec. 3328.24. A college-preparatory boarding school 642
established under this chapter and its board of trustees shall 643
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 644
3301.0714, 3313.6411, 3313.7110, 3319.39, and 3319.391 of the 645
Revised Code as if the school were a school district and the 646
school's board of trustees were a district board of education.647

       Section 2. That existing sections 3313.713, 3314.03, 3326.11, 648
and 3328.24 of the Revised Code are hereby repealed.649

       Section 3. That the version of section 3326.11 of the Revised 650
Code that is scheduled to take effect on July 1, 2014, be amended 651
to read as follows:652

       Sec. 3326.11. Each science, technology, engineering, and 653
mathematics school established under this chapter and its 654
governing body shall comply with sections 9.90, 9.91, 109.65, 655
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 656
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 657
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 658
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, 659
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 660
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 661
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 662
3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801, 663
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 664
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 665
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 666
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 667
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 668
4123., 4141., and 4167. of the Revised Code as if it were a school 669
district.670

       Section 4. That the existing version of section 3326.11 of 671
the Revised Code that is scheduled to take effect on July 1, 2014, 672
is hereby repealed.673

       Section 5. Sections 3 and 4 of this act take effect on July 674
1, 2014.675