H. B. No. 281 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 281

Representative Ruhl

Cosponsors: Representatives Grossman, Hackett

A BILL

To amend sections 3313.751, 3314.03, 3326.11, and

3328.24 of the Revised Code to revise the law

regarding tobacco and nicotine use in public

schools and at public school-sponsored functions,

and to amend the version of section 3326.11 of the

Revised Code that is scheduled to take effect July

1, 2014, to continue the provisions of this act on

or after that effective date.

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

Section 1. That sections 3313.751, 3314.03, 3326.11, and	9
3328.24 of the Revised Code be amended to read as follows:	10

Sec. 3313.751. (A) As used in this section:

(1) "School district" means a city, local, exempted village,	12
or joint vocational school district.	13

(2) "Smoke" means to burn any substance containing tobacco,	14
including a lighted cigarette, cigar, or pipe, or to burn a clove	15
cigarette.	16

(3) "Use tobacco" means to chew or maintain any substance	17
containing tobacco or any substance derived from tobacco,	18
including smokeless tobacco, in the mouth to derive the effects of	19
tobacco.	20

(4) "Use nicotine" means to maintain any substance containing	21
nicotine or a similar substance intended for human consumption or	22
consume nicotine or similar substance, whether by means of	23
smoking, heating, chewing, absorbing, dissolving, or ingesting by	24
any other means.	25

(B)(1) No ~~pupil~~person shall smoke or use tobacco or possess	26
any substance containing tobacco in any area under the control of	27
a school district or an educational service center, including any	28
outdoor facilities, or at any activity supervised by any school	29
operated by a school district or an educational service center.	30

(2) No person shall use nicotine or possess any substance	31
containing nicotine in any area under the control of a school	32
district or an educational service center, including any outdoor	33
facilities, or at any activity supervised by any school operated	34
by a school district or an educational service center.	35

(C) The board of education of each school district and the	36
governing board of each educational service center shall adopt a	37
policy providing for the enforcement of division (B) of this	38
section ~~and~~against all persons.	39

(D) The board of education of each school district and the	40
governing board of each educational service center shall adopt a	41
policy establishing disciplinary measures for ~~a violation of~~	42
students who violate division (B) of this section.	43

Sec. 3314.03. A copy of every contract entered into under	44
this section shall be filed with the superintendent of public	45
instruction. The department of education shall make available on	46
its web site a copy of every approved, executed contract filed	47
with the superintendent under this section.	48

(A) Each contract entered into between a sponsor and the	49
governing authority of a community school shall specify the	50
following:	51

(1) That the school shall be established as either of the	52
following:	53

(a) A nonprofit corporation established under Chapter 1702.	54
of the Revised Code, if established prior to April 8, 2003;	55

(b) A public benefit corporation established under Chapter	56
1702. of the Revised Code, if established after April 8, 2003.	57

(2) The education program of the school, including the	58
school's mission, the characteristics of the students the school	59
is expected to attract, the ages and grades of students, and the	60
focus of the curriculum;	61

(3) The academic goals to be achieved and the method of	62
measurement that will be used to determine progress toward those	63
goals, which shall include the statewide achievement assessments;	64

(4) Performance standards by which the success of the school	65
will be evaluated by the sponsor;	66

(5) The admission standards of section 3314.06 of the Revised	67
Code and, if applicable, section 3314.061 of the Revised Code;	68

(6)(a) Dismissal procedures;

(b) A requirement that the governing authority adopt an	70
attendance policy that includes a procedure for automatically	71
withdrawing a student from the school if the student without a	72
legitimate excuse fails to participate in one hundred five	73
consecutive hours of the learning opportunities offered to the	74
student.	75

(7) The ways by which the school will achieve racial and	76
ethnic balance reflective of the community it serves;	77

(8) Requirements for financial audits by the auditor of	78
state. The contract shall require financial records of the school	79
to be maintained in the same manner as are financial records of	80
school districts, pursuant to rules of the auditor of state.	81
Audits shall be conducted in accordance with section 117.10 of the	82
Revised Code.	83

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

(10) Qualifications of teachers, including a requirement that	85
the school's classroom teachers be licensed in accordance with	86
sections 3319.22 to 3319.31 of the Revised Code, except that a	87
community school may engage noncertificated persons to teach up to	88
twelve hours per week pursuant to section 3319.301 of the Revised	89
Code.	90

(11) That the school will comply with the following	91
requirements:	92

(a) The school will provide learning opportunities to a	93
minimum of twenty-five students for a minimum of nine hundred	94
twenty hours per school year.	95

(b) The governing authority will purchase liability	96
insurance, or otherwise provide for the potential liability of the	97
school.	98

(c) The school will be nonsectarian in its programs,	99
admission policies, employment practices, and all other	100
operations, and will not be operated by a sectarian school or	101
religious institution.	102

(d) The school will comply with sections 9.90, 9.91, 109.65,	103
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	104
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	105
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	106
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	107
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	108
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.751, 3313.80,	109
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	110
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	111
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	112
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	113
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	114
were a school district and will comply with section 3301.0714 of	115
the Revised Code in the manner specified in section 3314.17 of the	116
Revised Code.	117

(e) The school shall comply with Chapter 102. and section	118
2921.42 of the Revised Code.	119

(f) The school will comply with sections 3313.61, 3313.611,	120
and 3313.614 of the Revised Code, except that for students who	121
enter ninth grade for the first time before July 1, 2010, the	122
requirement in sections 3313.61 and 3313.611 of the Revised Code	123
that a person must successfully complete the curriculum in any	124
high school prior to receiving a high school diploma may be met by	125
completing the curriculum adopted by the governing authority of	126
the community school rather than the curriculum specified in Title	127
XXXIII of the Revised Code or any rules of the state board of	128
education. Beginning with students who enter ninth grade for the	129
first time on or after July 1, 2010, the requirement in sections	130
3313.61 and 3313.611 of the Revised Code that a person must	131
successfully complete the curriculum of a high school prior to	132
receiving a high school diploma shall be met by completing the	133
Ohio core curriculum prescribed in division (C) of section	134
3313.603 of the Revised Code, unless the person qualifies under	135
division (D) or (F) of that section. Each school shall comply with	136
the plan for awarding high school credit based on demonstration of	137
subject area competency, adopted by the state board of education	138
under division (J) of section 3313.603 of the Revised Code.	139

(g) The school governing authority will submit within four	140
months after the end of each school year a report of its	141
activities and progress in meeting the goals and standards of	142
divisions (A)(3) and (4) of this section and its financial status	143
to the sponsor and the parents of all students enrolled in the	144
school.	145

(h) The school, unless it is an internet- or computer-based	146
community school, will comply with section 3313.801 of the Revised	147
Code as if it were a school district.	148

(i) If the school is the recipient of moneys from a grant	149
awarded under the federal race to the top program, Division (A),	150
Title XIV, Sections 14005 and 14006 of the "American Recovery and	151
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	152
school will pay teachers based upon performance in accordance with	153
section 3317.141 and will comply with section 3319.111 of the	154
Revised Code as if it were a school district.	155

(12) Arrangements for providing health and other benefits to	156
employees;	157

(13) The length of the contract, which shall begin at the	158
beginning of an academic year. No contract shall exceed five years	159
unless such contract has been renewed pursuant to division (E) of	160
this section.	161

(14) The governing authority of the school, which shall be	162
responsible for carrying out the provisions of the contract;	163

(15) A financial plan detailing an estimated school budget	164
for each year of the period of the contract and specifying the	165
total estimated per pupil expenditure amount for each such year.	166

(16) Requirements and procedures regarding the disposition of	167
employees of the school in the event the contract is terminated or	168
not renewed pursuant to section 3314.07 of the Revised Code;	169

(17) Whether the school is to be created by converting all or	170
part of an existing public school or educational service center	171
building or is to be a new start-up school, and if it is a	172
converted public school or service center building, specification	173
of any duties or responsibilities of an employer that the board of	174
education or service center governing board that operated the	175
school or building before conversion is delegating to the	176
governing authority of the community school with respect to all or	177
any specified group of employees provided the delegation is not	178
prohibited by a collective bargaining agreement applicable to such	179
employees;	180

(18) Provisions establishing procedures for resolving	181
disputes or differences of opinion between the sponsor and the	182
governing authority of the community school;	183

(19) A provision requiring the governing authority to adopt a	184
policy regarding the admission of students who reside outside the	185
district in which the school is located. That policy shall comply	186
with the admissions procedures specified in sections 3314.06 and	187
3314.061 of the Revised Code and, at the sole discretion of the	188
authority, shall do one of the following:	189

(a) Prohibit the enrollment of students who reside outside	190
the district in which the school is located;	191

(b) Permit the enrollment of students who reside in districts	192
adjacent to the district in which the school is located;	193

(c) Permit the enrollment of students who reside in any other	194
district in the state.	195

(20) A provision recognizing the authority of the department	196
of education to take over the sponsorship of the school in	197
accordance with the provisions of division (C) of section 3314.015	198
of the Revised Code;	199

(21) A provision recognizing the sponsor's authority to	200
assume the operation of a school under the conditions specified in	201
division (B) of section 3314.073 of the Revised Code;	202

(22) A provision recognizing both of the following:

203

(a) The authority of public health and safety officials to	204
inspect the facilities of the school and to order the facilities	205
closed if those officials find that the facilities are not in	206
compliance with health and safety laws and regulations;	207

(b) The authority of the department of education as the	208
community school oversight body to suspend the operation of the	209
school under section 3314.072 of the Revised Code if the	210
department has evidence of conditions or violations of law at the	211
school that pose an imminent danger to the health and safety of	212
the school's students and employees and the sponsor refuses to	213
take such action.	214

(23) A description of the learning opportunities that will be	215
offered to students including both classroom-based and	216
non-classroom-based learning opportunities that is in compliance	217
with criteria for student participation established by the	218
department under division (H)(2) of section 3314.08 of the Revised	219
Code;	220

(24) The school will comply with sections 3302.04 and	221
3302.041 of the Revised Code, except that any action required to	222
be taken by a school district pursuant to those sections shall be	223
taken by the sponsor of the school. However, the sponsor shall not	224
be required to take any action described in division (F) of	225
section 3302.04 of the Revised Code.	226

(25) Beginning in the 2006-2007 school year, the school will	227
open for operation not later than the thirtieth day of September	228
each school year, unless the mission of the school as specified	229
under division (A)(2) of this section is solely to serve dropouts.	230
In its initial year of operation, if the school fails to open by	231
the thirtieth day of September, or within one year after the	232
adoption of the contract pursuant to division (D) of section	233
3314.02 of the Revised Code if the mission of the school is solely	234
to serve dropouts, the contract shall be void.	235

(B) The community school shall also submit to the sponsor a	236
comprehensive plan for the school. The plan shall specify the	237
following:	238

(1) The process by which the governing authority of the	239
school will be selected in the future;	240

(2) The management and administration of the school;

241

(3) If the community school is a currently existing public	242
school or educational service center building, alternative	243
arrangements for current public school students who choose not to	244
attend the converted school and for teachers who choose not to	245
teach in the school or building after conversion;	246

(4) The instructional program and educational philosophy of	247
the school;	248

(5) Internal financial controls.

249

(C) A contract entered into under section 3314.02 of the	250
Revised Code between a sponsor and the governing authority of a	251
community school may provide for the community school governing	252
authority to make payments to the sponsor, which is hereby	253
authorized to receive such payments as set forth in the contract	254
between the governing authority and the sponsor. The total amount	255
of such payments for oversight and monitoring of the school shall	256
not exceed three per cent of the total amount of payments for	257
operating expenses that the school receives from the state.	258

(D) The contract shall specify the duties of the sponsor	259
which shall be in accordance with the written agreement entered	260
into with the department of education under division (B) of	261
section 3314.015 of the Revised Code and shall include the	262
following:	263

(1) Monitor the community school's compliance with all laws	264
applicable to the school and with the terms of the contract;	265

(2) Monitor and evaluate the academic and fiscal performance	266
and the organization and operation of the community school on at	267
least an annual basis;	268

(3) Report on an annual basis the results of the evaluation	269
conducted under division (D)(2) of this section to the department	270
of education and to the parents of students enrolled in the	271
community school;	272

(4) Provide technical assistance to the community school in	273
complying with laws applicable to the school and terms of the	274
contract;	275

(5) Take steps to intervene in the school's operation to	276
correct problems in the school's overall performance, declare the	277
school to be on probationary status pursuant to section 3314.073	278
of the Revised Code, suspend the operation of the school pursuant	279
to section 3314.072 of the Revised Code, or terminate the contract	280
of the school pursuant to section 3314.07 of the Revised Code as	281
determined necessary by the sponsor;	282

(6) Have in place a plan of action to be undertaken in the	283
event the community school experiences financial difficulties or	284
closes prior to the end of a school year.	285

(E) Upon the expiration of a contract entered into under this	286
section, the sponsor of a community school may, with the approval	287
of the governing authority of the school, renew that contract for	288
a period of time determined by the sponsor, but not ending earlier	289
than the end of any school year, if the sponsor finds that the	290
school's compliance with applicable laws and terms of the contract	291
and the school's progress in meeting the academic goals prescribed	292
in the contract have been satisfactory. Any contract that is	293
renewed under this division remains subject to the provisions of	294
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	295

(F) If a community school fails to open for operation within	296
one year after the contract entered into under this section is	297
adopted pursuant to division (D) of section 3314.02 of the Revised	298
Code or permanently closes prior to the expiration of the	299
contract, the contract shall be void and the school shall not	300
enter into a contract with any other sponsor. A school shall not	301
be considered permanently closed because the operations of the	302
school have been suspended pursuant to section 3314.072 of the	303
Revised Code.	304

Sec. 3326.11. Each science, technology, engineering, and	305
mathematics school established under this chapter and its	306
governing body shall comply with sections 9.90, 9.91, 109.65,	307
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	308
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	309
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	310
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	311
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	312
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	313
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	314
3313.716, 3313.718, 3313.719, 3313.751, 3313.80, 3313.801,	315
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073,	316
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41,	317
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	318
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	319
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	320
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	321
school district.	322

Sec. 3328.24. A college-preparatory boarding school	323
established under this chapter and its board of trustees shall	324
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	325
3301.0714, 3313.6411, 3313.751, 3319.39, and 3319.391 of the	326
Revised Code as if the school were a school district and the	327
school's board of trustees were a district board of education.	328

Section 2. That existing sections 3313.751, 3314.03, 3326.11,	329
and 3328.24 of the Revised Code are hereby repealed.	330

Section 3. That the version of section 3326.11 of the Revised	331
Code that is scheduled to take effect on July 1, 2014, be amended	332
to read as follows:	333

Sec. 3326.11. Each science, technology, engineering, and	334
mathematics school established under this chapter and its	335
governing body shall comply with sections 9.90, 9.91, 109.65,	336
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	337
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	338
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	339
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	340
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	341
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	342
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	343
3313.716, 3313.718, 3313.719, 3313.751, 3313.80, 3313.801,	344
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,	345
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	346
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	347
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	348
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	349
4123., 4141., and 4167. of the Revised Code as if it were a school	350
district.	351

Section 4. That the existing version of section 3326.11 of	352
the Revised Code that is scheduled to take effect on July 1, 2014,	353
is hereby repealed.	354

Section 5. Sections 3 and 4 of this act shall take effect on	355
July 1, 2014.	356