As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 362


Representatives Scherer, Derickson 

Cosponsors: Representatives Anielski, Blessing, Butler, Roegner, Young 



A BILL
To amend sections 3301.162, 3314.03, 3326.02, 1
3326.03, 3326.04, and 3326.09 and to enact section 2
3326.032 of the Revised Code to authorize the STEM 3
Committee to grant a designation of STEM school 4
equivalent to a community school or chartered 5
nonpublic school and to make other revisions to 6
the law regarding STEM schools.7


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

       Section 1.  That sections 3301.162, 3314.03, 3326.02, 8
3326.03, 3326.04, and 3326.09 be amended and section 3326.032 of 9
the Revised Code be enacted to read as follows:10

       Sec. 3301.162. (A) If the governing authority of a chartered 11
nonpublic school intends to close the school, the governing 12
authority shall notify all of the following of that intent prior 13
to closing the school:14

       (1) The department of education;15

        (2) The school district that receives auxiliary services 16
funding under division (E) of section 3317.024 of the Revised Code 17
on behalf of the students enrolled in the school;18

        (3) The accrediting association that most recently accredited 19
the school for purposes of chartering the school in accordance 20
with the rules of the state board of education, if applicable;21

       (4) If the school has been designated as a STEM school 22
equivalent under section 3326.032 of the Revised Code, the STEM 23
committee established under section 3326.02 of the Revised Code.24

        The notice shall include the school year and, if possible, 25
the actual date the school will close.26

        (B) The chief administrator of each chartered nonpublic 27
school that closes shall deposit the school's records with either:28

       (1) The accrediting association that most recently accredited 29
the school for purposes of chartering the school in accordance 30
with the rules of the state board, if applicable;31

       (2) The school district that received auxiliary services 32
funding under division (E) of section 3317.024 of the Revised Code 33
on behalf of the students enrolled in the school.34

       The school district that receives the records may charge for 35
and receive a one-time reimbursement from auxiliary services 36
funding under division (E) of section 3317.024 of the Revised Code 37
for costs the district incurred to store the records.38

       Sec. 3314.03.  A copy of every contract entered into under 39
this section shall be filed with the superintendent of public 40
instruction. The department of education shall make available on 41
its web site a copy of every approved, executed contract filed 42
with the superintendent under this section.43

       (A) Each contract entered into between a sponsor and the 44
governing authority of a community school shall specify the 45
following:46

       (1) That the school shall be established as either of the 47
following:48

       (a) A nonprofit corporation established under Chapter 1702. 49
of the Revised Code, if established prior to April 8, 2003;50

       (b) A public benefit corporation established under Chapter 51
1702. of the Revised Code, if established after April 8, 2003.52

       (2) The education program of the school, including the 53
school's mission, the characteristics of the students the school 54
is expected to attract, the ages and grades of students, and the 55
focus of the curriculum;56

       (3) The academic goals to be achieved and the method of 57
measurement that will be used to determine progress toward those 58
goals, which shall include the statewide achievement assessments;59

       (4) Performance standards by which the success of the school 60
will be evaluated by the sponsor;61

       (5) The admission standards of section 3314.06 of the Revised 62
Code and, if applicable, section 3314.061 of the Revised Code;63

       (6)(a) Dismissal procedures;64

       (b) A requirement that the governing authority adopt an 65
attendance policy that includes a procedure for automatically 66
withdrawing a student from the school if the student without a 67
legitimate excuse fails to participate in one hundred five 68
consecutive hours of the learning opportunities offered to the 69
student.70

       (7) The ways by which the school will achieve racial and 71
ethnic balance reflective of the community it serves;72

       (8) Requirements for financial audits by the auditor of 73
state. The contract shall require financial records of the school 74
to be maintained in the same manner as are financial records of 75
school districts, pursuant to rules of the auditor of state. 76
Audits shall be conducted in accordance with section 117.10 of the 77
Revised Code.78

       (9) The facilities to be used and their locations;79

       (10) Qualifications of teachers, including a requirement that 80
the school's classroom teachers be licensed in accordance with 81
sections 3319.22 to 3319.31 of the Revised Code, except that a 82
community school may engage noncertificated persons to teach up to 83
twelve hours per week pursuant to section 3319.301 of the Revised 84
Code.85

       (11) That the school will comply with the following 86
requirements:87

       (a) The school will provide learning opportunities to a 88
minimum of twenty-five students for a minimum of nine hundred 89
twenty hours per school year.90

       (b) The governing authority will purchase liability 91
insurance, or otherwise provide for the potential liability of the 92
school.93

       (c) The school will be nonsectarian in its programs, 94
admission policies, employment practices, and all other 95
operations, and will not be operated by a sectarian school or 96
religious institution.97

       (d) The school will comply with sections 9.90, 9.91, 109.65, 98
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 99
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, 100
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 101
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 102
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 103
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 104
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 105
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 106
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 107
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 108
4123., 4141., and 4167. of the Revised Code as if it were a school 109
district and will comply with section 3301.0714 of the Revised 110
Code in the manner specified in section 3314.17 of the Revised 111
Code.112

       (e) The school shall comply with Chapter 102. and section 113
2921.42 of the Revised Code.114

       (f) The school will comply with sections 3313.61, 3313.611, 115
and 3313.614 of the Revised Code, except that for students who 116
enter ninth grade for the first time before July 1, 2010, the 117
requirement in sections 3313.61 and 3313.611 of the Revised Code 118
that a person must successfully complete the curriculum in any 119
high school prior to receiving a high school diploma may be met by 120
completing the curriculum adopted by the governing authority of 121
the community school rather than the curriculum specified in Title 122
XXXIII of the Revised Code or any rules of the state board of 123
education. Beginning with students who enter ninth grade for the 124
first time on or after July 1, 2010, the requirement in sections 125
3313.61 and 3313.611 of the Revised Code that a person must 126
successfully complete the curriculum of a high school prior to 127
receiving a high school diploma shall be met by completing the 128
Ohio core curriculum prescribed in division (C) of section 129
3313.603 of the Revised Code, unless the person qualifies under 130
division (D) or (F) of that section. Each school shall comply with 131
the plan for awarding high school credit based on demonstration of 132
subject area competency, adopted by the state board of education 133
under division (J) of section 3313.603 of the Revised Code.134

       (g) The school governing authority will submit within four 135
months after the end of each school year a report of its 136
activities and progress in meeting the goals and standards of 137
divisions (A)(3) and (4) of this section and its financial status 138
to the sponsor and the parents of all students enrolled in the 139
school.140

       (h) The school, unless it is an internet- or computer-based 141
community school, will comply with section 3313.801 of the Revised 142
Code as if it were a school district.143

       (i) If the school is the recipient of moneys from a grant 144
awarded under the federal race to the top program, Division (A), 145
Title XIV, Sections 14005 and 14006 of the "American Recovery and 146
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 147
school will pay teachers based upon performance in accordance with 148
section 3317.141 and will comply with section 3319.111 of the 149
Revised Code as if it were a school district.150

       (12) Arrangements for providing health and other benefits to 151
employees;152

       (13) The length of the contract, which shall begin at the 153
beginning of an academic year. No contract shall exceed five years 154
unless such contract has been renewed pursuant to division (E) of 155
this section.156

       (14) The governing authority of the school, which shall be 157
responsible for carrying out the provisions of the contract;158

       (15) A financial plan detailing an estimated school budget 159
for each year of the period of the contract and specifying the 160
total estimated per pupil expenditure amount for each such year. 161

       (16) Requirements and procedures regarding the disposition of 162
employees of the school in the event the contract is terminated or 163
not renewed pursuant to section 3314.07 of the Revised Code;164

       (17) Whether the school is to be created by converting all or 165
part of an existing public school or educational service center 166
building or is to be a new start-up school, and if it is a 167
converted public school or service center building, specification 168
of any duties or responsibilities of an employer that the board of 169
education or service center governing board that operated the 170
school or building before conversion is delegating to the 171
governing authority of the community school with respect to all or 172
any specified group of employees provided the delegation is not 173
prohibited by a collective bargaining agreement applicable to such 174
employees;175

       (18) Provisions establishing procedures for resolving 176
disputes or differences of opinion between the sponsor and the 177
governing authority of the community school;178

       (19) A provision requiring the governing authority to adopt a 179
policy regarding the admission of students who reside outside the 180
district in which the school is located. That policy shall comply 181
with the admissions procedures specified in sections 3314.06 and 182
3314.061 of the Revised Code and, at the sole discretion of the 183
authority, shall do one of the following:184

       (a) Prohibit the enrollment of students who reside outside 185
the district in which the school is located;186

       (b) Permit the enrollment of students who reside in districts 187
adjacent to the district in which the school is located;188

       (c) Permit the enrollment of students who reside in any other 189
district in the state.190

       (20) A provision recognizing the authority of the department 191
of education to take over the sponsorship of the school in 192
accordance with the provisions of division (C) of section 3314.015 193
of the Revised Code;194

       (21) A provision recognizing the sponsor's authority to 195
assume the operation of a school under the conditions specified in 196
division (B) of section 3314.073 of the Revised Code;197

        (22) A provision recognizing both of the following:198

       (a) The authority of public health and safety officials to 199
inspect the facilities of the school and to order the facilities 200
closed if those officials find that the facilities are not in 201
compliance with health and safety laws and regulations;202

       (b) The authority of the department of education as the 203
community school oversight body to suspend the operation of the 204
school under section 3314.072 of the Revised Code if the 205
department has evidence of conditions or violations of law at the 206
school that pose an imminent danger to the health and safety of 207
the school's students and employees and the sponsor refuses to 208
take such action.209

        (23) A description of the learning opportunities that will be 210
offered to students including both classroom-based and 211
non-classroom-based learning opportunities that is in compliance 212
with criteria for student participation established by the 213
department under division (H)(2) of section 3314.08 of the Revised 214
Code;215

       (24) The school will comply with sections 3302.04 and 216
3302.041 of the Revised Code, except that any action required to 217
be taken by a school district pursuant to those sections shall be 218
taken by the sponsor of the school. However, the sponsor shall not 219
be required to take any action described in division (F) of 220
section 3302.04 of the Revised Code.221

       (25) Beginning in the 2006-2007 school year, the school will 222
open for operation not later than the thirtieth day of September 223
each school year, unless the mission of the school as specified 224
under division (A)(2) of this section is solely to serve dropouts. 225
In its initial year of operation, if the school fails to open by 226
the thirtieth day of September, or within one year after the 227
adoption of the contract pursuant to division (D) of section 228
3314.02 of the Revised Code if the mission of the school is solely 229
to serve dropouts, the contract shall be void.230

       (26) Whether the school's governing authority is planning to 231
seek designation for the school as a STEM school equivalent under 232
section 3326.032 of the Revised Code.233

       (B) The community school shall also submit to the sponsor a 234
comprehensive plan for the school. The plan shall specify the 235
following:236

       (1) The process by which the governing authority of the 237
school will be selected in the future;238

       (2) The management and administration of the school;239

       (3) If the community school is a currently existing public 240
school or educational service center building, alternative 241
arrangements for current public school students who choose not to 242
attend the converted school and for teachers who choose not to 243
teach in the school or building after conversion;244

       (4) The instructional program and educational philosophy of 245
the school;246

       (5) Internal financial controls.247

       (C) A contract entered into under section 3314.02 of the 248
Revised Code between a sponsor and the governing authority of a 249
community school may provide for the community school governing 250
authority to make payments to the sponsor, which is hereby 251
authorized to receive such payments as set forth in the contract 252
between the governing authority and the sponsor. The total amount 253
of such payments for oversight and monitoring of the school shall 254
not exceed three per cent of the total amount of payments for 255
operating expenses that the school receives from the state.256

       (D) The contract shall specify the duties of the sponsor 257
which shall be in accordance with the written agreement entered 258
into with the department of education under division (B) of 259
section 3314.015 of the Revised Code and shall include the 260
following:261

        (1) Monitor the community school's compliance with all laws 262
applicable to the school and with the terms of the contract;263

        (2) Monitor and evaluate the academic and fiscal performance 264
and the organization and operation of the community school on at 265
least an annual basis;266

        (3) Report on an annual basis the results of the evaluation 267
conducted under division (D)(2) of this section to the department 268
of education and to the parents of students enrolled in the 269
community school;270

        (4) Provide technical assistance to the community school in 271
complying with laws applicable to the school and terms of the 272
contract;273

        (5) Take steps to intervene in the school's operation to 274
correct problems in the school's overall performance, declare the 275
school to be on probationary status pursuant to section 3314.073 276
of the Revised Code, suspend the operation of the school pursuant 277
to section 3314.072 of the Revised Code, or terminate the contract 278
of the school pursuant to section 3314.07 of the Revised Code as 279
determined necessary by the sponsor;280

        (6) Have in place a plan of action to be undertaken in the 281
event the community school experiences financial difficulties or 282
closes prior to the end of a school year.283

        (E) Upon the expiration of a contract entered into under this 284
section, the sponsor of a community school may, with the approval 285
of the governing authority of the school, renew that contract for 286
a period of time determined by the sponsor, but not ending earlier 287
than the end of any school year, if the sponsor finds that the 288
school's compliance with applicable laws and terms of the contract 289
and the school's progress in meeting the academic goals prescribed 290
in the contract have been satisfactory. Any contract that is 291
renewed under this division remains subject to the provisions of 292
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.293

       (F) If a community school fails to open for operation within 294
one year after the contract entered into under this section is 295
adopted pursuant to division (D) of section 3314.02 of the Revised 296
Code or permanently closes prior to the expiration of the 297
contract, the contract shall be void and the school shall not 298
enter into a contract with any other sponsor. A school shall not 299
be considered permanently closed because the operations of the 300
school have been suspended pursuant to section 3314.072 of the 301
Revised Code. 302

       Sec. 3326.02. There is hereby established athe STEM 303
committee of the department of education consisting of the 304
following members:305

        (A) The superintendent of public instruction;306

        (B) The chancellor of the Ohio board of regents;307

        (C) The director of development;308

        (D) Four members of the public, two of whom shall be 309
appointed by the governor, one of whom shall be appointed by the 310
speaker of the house of representatives, and one of whom shall be 311
appointed by the president of the senate. Members of the public 312
shall be appointed based on their expertise in business or in STEM 313
fields. The initial members of the committee shall be appointed 314
under division (D) of this section not later than forty-five days 315
after June 30, 2007.316

        All members of the committee appointed under division (D) of 317
this section shall serve at the pleasure of their appointing 318
authority.319

       Members of the committee shall receive no compensation for 320
their services. The department of education shall provide 321
administrative support for the committee.322

       Sec. 3326.03. (A) The STEM committee shall authorize the 323
establishment of and award grants to science, technology, 324
engineering, and mathematics schools based on proposals submitted 325
to the committee.326

        The committee shall determine the criteria for proposals, 327
establish procedures for the submission of proposals, accept and 328
evaluate proposals, and choose which proposals to approve to 329
become a STEM school. In approving proposals for STEM schools, the 330
committee shall consider locating the schools in diverse 331
geographic regions of the state so that all students have access 332
to a STEM school.333

       The committee may authorize the establishment of a group of 334
multiple STEM schools to operate from multiple facilities located 335
in one or more school districts under the direction of a single 336
governing body in the manner prescribed by section 3326.031 of the 337
Revised Code. The committee shall consider the merits of each of 338
the proposed STEM schools within a group and shall authorize each 339
school separately. Anytime after authorizing a group of STEM 340
schools to be under the direction of a single governing body, upon 341
a proposal from the governing body, the committee may authorize 342
one or more additional schools to operate as part of that group.343

       The STEM committee may approve one or more STEM schools to 344
serve only students identified as gifted under Chapter 3324. of 345
the Revised Code.346

       (B) Proposals may be submitted only by a partnership of 347
public and private entities consisting of at least all of the 348
following:349

       (1) A city, exempted village, local, or joint vocational 350
school district or an educational service center;351

       (2) Higher education entities;352

       (3) Business organizations.353

       A community school established under Chapter 3314. of the 354
Revised Code, a chartered nonpublic school, or both may be part of 355
the partnership.356

        (C) Each proposal shall include at least the following:357

        (1) Assurances that the STEM school or group of STEM schools 358
will be under the oversight of a governing body and a description 359
of the members of that governing body and how they will be 360
selected;361

        (2) Assurances that each STEM school will operate in 362
compliance with this chapter and the provisions of the proposal as 363
accepted by the committee;364

       (3) Evidence that each school will offer a rigorous, diverse, 365
integrated, and project-based curriculum to students in any of 366
grades six through twelve, with the goal to prepare those students 367
for college, the workforce, and citizenship, and that does all of 368
the following:369

        (a) Emphasizes the role of science, technology, engineering, 370
and mathematics in promoting innovation and economic progress;371

        (b) Incorporates scientific inquiry and technological design;372

        (c) Includes the arts and humanities;373

        (d) Emphasizes personalized learning and teamwork skills.374

        (4) Evidence that each school will attract school leaders who 375
support the curriculum principles of division (C)(3) of this 376
section;377

        (5) A description of how each school's curriculum will be 378
developed and approved in accordance with section 3326.09 of the 379
Revised Code;380

        (6) Evidence that each school will utilize an established 381
capacity to capture and share knowledge for best practices and 382
innovative professional development;383

        (7) Evidence that each school will operate in collaboration 384
with a partnership that includes institutions of higher education 385
and businesses;386

        (8) Assurances that each school has received commitments of 387
sustained and verifiable fiscal and in-kind support from regional 388
education and business entities;389

       (9) A description of how each school's assets will be 390
distributed if the school closes for any reason.391

       Sec. 3326.032.  (A) The STEM committee may grant a 392
designation of STEM school equivalent to a community school 393
established under Chapter 3314. of the Revised Code or to a 394
chartered nonpublic school. In order to be eligible for this 395
designation, a community school or chartered nonpublic school 396
shall submit a proposal that satisfies the requirements of this 397
section.398

       The committee shall determine the criteria for proposals, 399
establish procedures for the submission of proposals, accept and 400
evaluate proposals, and choose which proposals warrant a community 401
school or chartered nonpublic school to be designated as a STEM 402
school equivalent.403

       (B) A proposal for designation as a STEM school equivalent 404
shall include at least the following:405

       (1) Assurances that the community school or chartered 406
nonpublic school submitting the proposal has a working partnership 407
with both public and private entities, including higher education 408
entities and business organizations;409

        (2) Assurances that the school submitting the proposal will 410
operate in compliance with this section and the provisions of the 411
proposal as accepted by the committee;412

       (3) Evidence that the school submitting the proposal will 413
offer a rigorous, diverse, integrated, and project-based 414
curriculum to students in any of grades six through twelve, with 415
the goal to prepare those students for college, the workforce, and 416
citizenship, and that does all of the following:417

       (a) Emphasizes the role of science, technology, engineering, 418
and mathematics in promoting innovation and economic progress;419

       (b) Incorporates scientific inquiry and technological design;420

       (c) Includes the arts and humanities;421

       (d) Emphasizes personalized learning and teamwork skills.422

       (4) Evidence that the school submitting the proposal will 423
attract school leaders who support the curriculum principles of 424
division (B)(3) of this section;425

       (5) A description of how each school's curriculum will be 426
developed and approved in accordance with section 3326.09 of the 427
Revised Code;428

       (6) Evidence that the school submitting the proposal will 429
utilize an established capacity to capture and share knowledge for 430
best practices and innovative professional development;431

       (7) Assurances that the school submitting the proposal has 432
received commitments of sustained and verifiable fiscal and 433
in-kind support from regional education and business entities.434

       (C)(1) A community school or chartered nonpublic school that 435
is designated as a STEM school equivalent under this section shall 436
not be subject to the requirements of Chapter 3326. of the Revised 437
Code, except that the school shall be subject to the requirements 438
of this section and to the curriculum requirements of section 439
3326.09 of the Revised Code.440

       Nothing in this section, however, shall relieve a community 441
school of the applicable requirements of Chapter 3314. of the 442
Revised Code. Nor shall anything in this section relieve a 443
chartered nonpublic school of any provisions of law outside of 444
this chapter that are applicable to chartered nonpublic schools.445

       (2) A community school or chartered nonpublic school that is 446
designated as a STEM school equivalent under this section shall 447
not be eligible for operating funding under sections 3326.31 to 448
3326.37, 3326.39 to 3326.40, and 3326.51 of the Revised Code.449

       (3) A community school or chartered nonpublic school that is 450
designated as a STEM school equivalent under this section may 451
apply for any of the grants and additional funds described in 452
section 3326.38 of the Revised Code for which the school is 453
eligible.454

       Sec. 3326.04. (A) The STEM committee shall award grants to 455
support the operation of STEM programs of excellence to serve 456
students in any of grades kindergarten through eight through a 457
request for proposals.458

        (B) Proposals may be submitted by any of the following:459

        (1) The board of education of a city, exempted village, or 460
local school district;461

       (2) The governing authority of a community school established 462
under Chapter 3314. of the Revised Code;463

       (3) The governing authority of a chartered nonpublic school.464

        (C) Each proposal shall demonstrate to the satisfaction of 465
the STEM committee that the program meets at least the following 466
standards:467

        (1) Unless the program is designed to serve only students 468
identified as gifted under Chapter 3324. of the Revised Code, the 469
program will serve all students enrolled in the district or school 470
in the grades for which the program is designed.471

        (2) The program will offer a rigorous and diverse curriculum 472
that is based on scientific inquiry and technological design, that 473
emphasizes personalized learning and teamwork skills, and that 474
will expose students to advanced scientific concepts within and 475
outside the classroom.476

       (3) Unless the program is designed to serve only students 477
identified as gifted under Chapter 3324. of the Revised Code, the 478
program will not limit participation of students on the basis of 479
intellectual ability, measures of achievement, or aptitude.480

       (4) The program will utilize an established capacity to 481
capture and share knowledge for best practices and innovative 482
professional development.483

       (5) The program will operate in collaboration with a 484
partnership that includes institutions of higher education and 485
businesses.486

        (6) The program will include teacher professional development 487
strategies that are augmented by community and business partners.488

       (D) The STEM committee shall give priority to proposals for 489
new or expanding innovative programs.490

       Sec. 3326.09. Subject to approval by its governing body or 491
governing authority, the curriculum of each science, technology, 492
engineering, and mathematics school and of each community school 493
or chartered nonpublic school that is designated as a STEM school 494
equivalent under section 3326.032 of the Revised Code shall be 495
developed by a team that consists of at least the school's chief 496
administrative officer, a teacher, a representative of the higher 497
education institution that is a collaborating partner in the STEM498
school or school designated as a STEM school equivalent, described 499
in the proposal for establishment of the school as required by 500
division (C)(7) of section 3326.03 of the Revised Code, and a 501
member of the public with expertise in the application of science, 502
technology, engineering, or mathematics.503

       Section 2.  That existing sections 3301.162, 3314.03, 504
3326.02, 3326.03, 3326.04, and 3326.09 of the Revised Code are 505
hereby repealed.506