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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: | 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 |