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To amend sections 3313.60, 3313.603, 3314.03, | 1 |
3326.11, and 3328.24 and to enact section | 2 |
3313.6021 of the Revised Code to require | 3 |
instruction in cardiopulmonary resuscitation and | 4 |
the use of an automated external defibrillator as | 5 |
a requirement for high school graduation. | 6 |
Section 1. That sections 3313.60, 3313.603, 3314.03, 3326.11, | 7 |
and 3328.24 be amended and section 3313.6021 of the Revised Code | 8 |
be enacted to read as follows: | 9 |
Sec. 3313.60. Notwithstanding division (D) of section | 10 |
3311.52 of the Revised Code, divisions (A) to (E) of this section | 11 |
do not apply to any cooperative education school district | 12 |
established pursuant to divisions (A) to (C) of section 3311.52 of | 13 |
the Revised Code. | 14 |
(A) The board of education of each city, exempted village, | 15 |
and local school district and the board of each cooperative | 16 |
education school district established, pursuant to section | 17 |
3311.521 of the Revised Code, shall prescribe a curriculum for all | 18 |
schools under its control. Except as provided in division (E) of | 19 |
this section, in any such curriculum there shall be included the | 20 |
study of the following subjects: | 21 |
(1) The language arts, including reading, writing, spelling, | 22 |
oral and written English, and literature; | 23 |
(2) Geography, the history of the United States and of Ohio, | 24 |
and national, state, and local government in the United States, | 25 |
including a balanced presentation of the relevant contributions to | 26 |
society of men and women of African, Mexican, Puerto Rican, and | 27 |
American Indian descent as well as other ethnic and racial groups | 28 |
in Ohio and the United States; | 29 |
(3) Mathematics; | 30 |
(4) Natural science, including instruction in the | 31 |
conservation of natural resources; | 32 |
(5) Health education, which shall include instruction in: | 33 |
(a) The nutritive value of foods, including natural and | 34 |
organically produced foods, the relation of nutrition to health, | 35 |
and the use and effects of food additives; | 36 |
(b) The harmful effects of and legal restrictions against the | 37 |
use of drugs of abuse, alcoholic beverages, and tobacco; | 38 |
(c) Venereal disease education, except that upon written | 39 |
request of the student's parent or guardian, a student shall be | 40 |
excused from taking instruction in venereal disease education; | 41 |
(d) In grades kindergarten through six, instruction in | 42 |
personal safety and assault prevention, except that upon written | 43 |
request of the student's parent or guardian, a student shall be | 44 |
excused from taking instruction in personal safety and assault | 45 |
prevention; | 46 |
(e) In grades seven through twelve, age-appropriate | 47 |
instruction in dating violence prevention education, which shall | 48 |
include instruction in recognizing dating violence warning signs | 49 |
and characteristics of healthy relationships. | 50 |
In order to assist school districts in developing a dating | 51 |
violence prevention education curriculum, the department of | 52 |
education shall provide on its web site links to free curricula | 53 |
addressing dating violence prevention. | 54 |
If the parent or legal guardian of a student less than | 55 |
eighteen years of age submits to the principal of the student's | 56 |
school a written request to examine the dating violence prevention | 57 |
instruction materials used at that school, the principal, within a | 58 |
reasonable period of time after the request is made, shall allow | 59 |
the parent or guardian to examine those materials at that school. | 60 |
(6) Physical education; | 61 |
(7) The fine arts, including music; | 62 |
(8) First aid, including a training program in | 63 |
cardiopulmonary resuscitation, which shall comply with section | 64 |
3313.6021 of the Revised Code when offered in any of grades nine | 65 |
through twelve, safety, and fire prevention | 66 |
upon written request of the student's parent or guardian, a | 67 |
student shall be excused from taking instruction in | 68 |
cardiopulmonary resuscitation. | 69 |
(B) Except as provided in division (E) of this section, every | 70 |
school or school district shall include in the requirements for | 71 |
promotion from the eighth grade to the ninth grade one year's | 72 |
course of study of American history. A board may waive this | 73 |
requirement for academically accelerated students who, in | 74 |
accordance with procedures adopted by the board, are able to | 75 |
demonstrate mastery of essential concepts and skills of the eighth | 76 |
grade American history course of study. | 77 |
(C) As specified in divisions (B)(6) and (C)(6) of section | 78 |
3313.603 of the Revised Code, except as provided in division (E) | 79 |
of this section, every high school shall include in the | 80 |
requirements for graduation from any curriculum one-half unit each | 81 |
of American history and government. | 82 |
(D) Except as provided in division (E) of this section, basic | 83 |
instruction or demonstrated mastery in geography, United States | 84 |
history, the government of the United States, the government of | 85 |
the state of Ohio, local government in Ohio, the Declaration of | 86 |
Independence, the United States Constitution, and the Constitution | 87 |
of the state of Ohio shall be required before pupils may | 88 |
participate in courses involving the study of social problems, | 89 |
economics, foreign affairs, United Nations, world government, | 90 |
socialism, and communism. | 91 |
(E) For each cooperative education school district | 92 |
established pursuant to section 3311.521 of the Revised Code and | 93 |
each city, exempted village, and local school district that has | 94 |
territory within such a cooperative district, the curriculum | 95 |
adopted pursuant to divisions (A) to (D) of this section shall | 96 |
only include the study of the subjects that apply to the grades | 97 |
operated by each such school district. The curriculums for such | 98 |
schools, when combined, shall provide to each student of these | 99 |
districts all of the subjects required under divisions (A) to (D) | 100 |
of this section. | 101 |
(F) The board of education of any cooperative education | 102 |
school district established pursuant to divisions (A) to (C) of | 103 |
section 3311.52 of the Revised Code shall prescribe a curriculum | 104 |
for the subject areas and grade levels offered in any school under | 105 |
its control. | 106 |
(G) Upon the request of any parent or legal guardian of a | 107 |
student, the board of education of any school district shall | 108 |
permit the parent or guardian to promptly examine, with respect to | 109 |
the parent's or guardian's own child: | 110 |
(1) Any survey or questionnaire, prior to its administration | 111 |
to the child; | 112 |
(2) Any textbook, workbook, software, video, or other | 113 |
instructional materials being used by the district in connection | 114 |
with the instruction of the child; | 115 |
(3) Any completed and graded test taken or survey or | 116 |
questionnaire filled out by the child; | 117 |
(4) Copies of the statewide academic standards and each model | 118 |
curriculum developed pursuant to section 3301.079 of the Revised | 119 |
Code, which copies shall be available at all times during school | 120 |
hours in each district school building. | 121 |
Sec. 3313.603. (A) As used in this section: | 122 |
(1) "One unit" means a minimum of one hundred twenty hours of | 123 |
course instruction, except that for a laboratory course, "one | 124 |
unit" means a minimum of one hundred fifty hours of course | 125 |
instruction. | 126 |
(2) "One-half unit" means a minimum of sixty hours of course | 127 |
instruction, except that for physical education courses, "one-half | 128 |
unit" means a minimum of one hundred twenty hours of course | 129 |
instruction. | 130 |
(B) Beginning September 15, 2001, except as required in | 131 |
division (C) of this section and division (C) of section 3313.614 | 132 |
of the Revised Code, the requirements for graduation from every | 133 |
high school shall include twenty units earned in grades nine | 134 |
through twelve and shall be distributed as follows: | 135 |
(1) English language arts, four units; | 136 |
(2) Health, one-half unit; | 137 |
(3) Mathematics, three units; | 138 |
(4) Physical education, one-half unit; | 139 |
(5) Science, two units until September 15, 2003, and three | 140 |
units thereafter, which at all times shall include both of the | 141 |
following: | 142 |
(a) Biological sciences, one unit; | 143 |
(b) Physical sciences, one unit. | 144 |
(6) History and government, one unit, which shall comply with | 145 |
division (M) of this section and shall include both of the | 146 |
following: | 147 |
(a) American history, one-half unit; | 148 |
(b) American government, one-half unit. | 149 |
(7) Social studies, two units. | 150 |
(8) Elective units, seven units until September 15, 2003, and | 151 |
six units thereafter. | 152 |
Each student's electives shall include at least one unit, or | 153 |
two half units, chosen from among the areas of | 154 |
business/technology, fine arts, and/or foreign language. | 155 |
(C) Beginning with students who enter ninth grade for the | 156 |
first time on or after July 1, 2010, except as provided in | 157 |
divisions (D) to (F) of this section, the requirements for | 158 |
graduation from every public and chartered nonpublic high school | 159 |
shall include twenty units that are designed to prepare students | 160 |
for the workforce and college. The units shall be distributed as | 161 |
follows: | 162 |
(1) English language arts, four units; | 163 |
(2) Health, one-half unit, which shall include | 164 |
both of the following: | 165 |
(a) Instruction in nutrition and the benefits of nutritious | 166 |
foods and physical activity for overall health; | 167 |
(b) Beginning with students who enter the ninth grade for the | 168 |
first time on or after July 1, 2015, training in cardiopulmonary | 169 |
resuscitation and the use of an automated external defibrillator | 170 |
as prescribed by section 3313.6021 of the Revised Code. However, | 171 |
if a student is excused from instruction in cardiopulmonary | 172 |
resuscitation under section 3313.60 of the Revised Code, the | 173 |
student shall not be required to have such training. | 174 |
(3) Mathematics, four units, which shall include one unit of | 175 |
algebra II or the equivalent of algebra II; | 176 |
(4) Physical education, one-half unit; | 177 |
(5) Science, three units with inquiry-based laboratory | 178 |
experience that engages students in asking valid scientific | 179 |
questions and gathering and analyzing information, which shall | 180 |
include the following, or their equivalent: | 181 |
(a) Physical sciences, one unit; | 182 |
(b) Life sciences, one unit; | 183 |
(c) Advanced study in one or more of the following sciences, | 184 |
one unit: | 185 |
(i) Chemistry, physics, or other physical science; | 186 |
(ii) Advanced biology or other life science; | 187 |
(iii) Astronomy, physical geology, or other earth or space | 188 |
science. | 189 |
(6) History and government, one unit, which shall comply with | 190 |
division (M) of this section and shall include both of the | 191 |
following: | 192 |
(a) American history, one-half unit; | 193 |
(b) American government, one-half unit. | 194 |
(7) Social studies, two units. | 195 |
Each school shall integrate the study of economics and | 196 |
financial literacy, as expressed in the social studies academic | 197 |
content standards adopted by the state board of education under | 198 |
division (A)(1) of section 3301.079 of the Revised Code and the | 199 |
academic content standards for financial literacy and | 200 |
entrepreneurship adopted under division (A)(2) of that section, | 201 |
into one or more existing social studies credits required under | 202 |
division (C)(7) of this section, or into the content of another | 203 |
class, so that every high school student receives instruction in | 204 |
those concepts. In developing the curriculum required by this | 205 |
paragraph, schools shall use available public-private partnerships | 206 |
and resources and materials that exist in business, industry, and | 207 |
through the centers for economics education at institutions of | 208 |
higher education in the state. | 209 |
(8) Five units consisting of one or any combination of | 210 |
foreign language, fine arts, business, career-technical education, | 211 |
family and consumer sciences, technology, agricultural education, | 212 |
a junior reserve officer training corps (JROTC) program approved | 213 |
by the congress of the United States under title 10 of the United | 214 |
States Code, or English language arts, mathematics, science, or | 215 |
social studies courses not otherwise required under division (C) | 216 |
of this section. | 217 |
Ohioans must be prepared to apply increased knowledge and | 218 |
skills in the workplace and to adapt their knowledge and skills | 219 |
quickly to meet the rapidly changing conditions of the | 220 |
twenty-first century. National studies indicate that all high | 221 |
school graduates need the same academic foundation, regardless of | 222 |
the opportunities they pursue after graduation. The goal of Ohio's | 223 |
system of elementary and secondary education is to prepare all | 224 |
students for and seamlessly connect all students to success in | 225 |
life beyond high school graduation, regardless of whether the next | 226 |
step is entering the workforce, beginning an apprenticeship, | 227 |
engaging in post-secondary training, serving in the military, or | 228 |
pursuing a college degree. | 229 |
The Ohio core curriculum is the standard expectation for all | 230 |
students entering ninth grade for the first time at a public or | 231 |
chartered nonpublic high school on or after July 1, 2010. A | 232 |
student may satisfy this expectation through a variety of methods, | 233 |
including, but not limited to, integrated, applied, | 234 |
career-technical, and traditional coursework. | 235 |
Whereas teacher quality is essential for student success in | 236 |
completing the Ohio core curriculum, the general assembly shall | 237 |
appropriate funds for strategic initiatives designed to strengthen | 238 |
schools' capacities to hire and retain highly qualified teachers | 239 |
in the subject areas required by the curriculum. Such initiatives | 240 |
are expected to require an investment of $120,000,000 over five | 241 |
years. | 242 |
Stronger coordination between high schools and institutions | 243 |
of higher education is necessary to prepare students for more | 244 |
challenging academic endeavors and to lessen the need for academic | 245 |
remediation in college, thereby reducing the costs of higher | 246 |
education for Ohio's students, families, and the state. The state | 247 |
board and the chancellor of the Ohio board of regents shall | 248 |
develop policies to ensure that only in rare instances will | 249 |
students who complete the Ohio core curriculum require academic | 250 |
remediation after high school. | 251 |
School districts, community schools, and chartered nonpublic | 252 |
schools shall integrate technology into learning experiences | 253 |
across the curriculum in order to maximize efficiency, enhance | 254 |
learning, and prepare students for success in the | 255 |
technology-driven twenty-first century. Districts and schools | 256 |
shall use distance and web-based course delivery as a method of | 257 |
providing or augmenting all instruction required under this | 258 |
division, including laboratory experience in science. Districts | 259 |
and schools shall utilize technology access and electronic | 260 |
learning opportunities provided by the broadcast educational media | 261 |
commission, chancellor, the Ohio learning network, education | 262 |
technology centers, public television stations, and other public | 263 |
and private providers. | 264 |
(D) Except as provided in division (E) of this section, a | 265 |
student who enters ninth grade on or after July 1, 2010, and | 266 |
before July 1, 2014, may qualify for graduation from a public or | 267 |
chartered nonpublic high school even though the student has not | 268 |
completed the Ohio core curriculum prescribed in division (C) of | 269 |
this section if all of the following conditions are satisfied: | 270 |
(1) After the student has attended high school for two years, | 271 |
as determined by the school, the student and the student's parent, | 272 |
guardian, or custodian sign and file with the school a written | 273 |
statement asserting the parent's, guardian's, or custodian's | 274 |
consent to the student's graduating without completing the Ohio | 275 |
core curriculum and acknowledging that one consequence of not | 276 |
completing the Ohio core curriculum is ineligibility to enroll in | 277 |
most state universities in Ohio without further coursework. | 278 |
(2) The student and parent, guardian, or custodian fulfill | 279 |
any procedural requirements the school stipulates to ensure the | 280 |
student's and parent's, guardian's, or custodian's informed | 281 |
consent and to facilitate orderly filing of statements under | 282 |
division (D)(1) of this section. | 283 |
(3) The student and the student's parent, guardian, or | 284 |
custodian and a representative of the student's high school | 285 |
jointly develop an individual career plan for the student that | 286 |
specifies the student matriculating to a two-year degree program, | 287 |
acquiring a business and industry credential, or entering an | 288 |
apprenticeship. | 289 |
(4) The student's high school provides counseling and support | 290 |
for the student related to the plan developed under division | 291 |
(D)(3) of this section during the remainder of the student's high | 292 |
school experience. | 293 |
(5) The student successfully completes, at a minimum, the | 294 |
curriculum prescribed in division (B) of this section. | 295 |
The department of education, in collaboration with the | 296 |
chancellor, shall analyze student performance data to determine if | 297 |
there are mitigating factors that warrant extending the exception | 298 |
permitted by division (D) of this section to high school classes | 299 |
beyond those entering ninth grade before July 1, 2014. The | 300 |
department shall submit its findings and any recommendations not | 301 |
later than August 1, 2014, to the speaker and minority leader of | 302 |
the house of representatives, the president and minority leader of | 303 |
the senate, the chairpersons and ranking minority members of the | 304 |
standing committees of the house of representatives and the senate | 305 |
that consider education legislation, the state board of education, | 306 |
and the superintendent of public instruction. | 307 |
(E) Each school district and chartered nonpublic school | 308 |
retains the authority to require an even more rigorous minimum | 309 |
curriculum for high school graduation than specified in division | 310 |
(B) or (C) of this section. A school district board of education, | 311 |
through the adoption of a resolution, or the governing authority | 312 |
of a chartered nonpublic school may stipulate any of the | 313 |
following: | 314 |
(1) A minimum high school curriculum that requires more than | 315 |
twenty units of academic credit to graduate; | 316 |
(2) An exception to the district's or school's minimum high | 317 |
school curriculum that is comparable to the exception provided in | 318 |
division (D) of this section but with additional requirements, | 319 |
which may include a requirement that the student successfully | 320 |
complete more than the minimum curriculum prescribed in division | 321 |
(B) of this section; | 322 |
(3) That no exception comparable to that provided in division | 323 |
(D) of this section is available. | 324 |
(F) A student enrolled in a dropout prevention and recovery | 325 |
program, which program has received a waiver from the department, | 326 |
may qualify for graduation from high school by successfully | 327 |
completing a competency-based instructional program administered | 328 |
by the dropout prevention and recovery program in lieu of | 329 |
completing the Ohio core curriculum prescribed in division (C) of | 330 |
this section. The department shall grant a waiver to a dropout | 331 |
prevention and recovery program, within sixty days after the | 332 |
program applies for the waiver, if the program meets all of the | 333 |
following conditions: | 334 |
(1) The program serves only students not younger than sixteen | 335 |
years of age and not older than twenty-one years of age. | 336 |
(2) The program enrolls students who, at the time of their | 337 |
initial enrollment, either, or both, are at least one grade level | 338 |
behind their cohort age groups or experience crises that | 339 |
significantly interfere with their academic progress such that | 340 |
they are prevented from continuing their traditional programs. | 341 |
(3) The program requires students to attain at least the | 342 |
applicable score designated for each of the assessments prescribed | 343 |
under division (B)(1) of section 3301.0710 of the Revised Code or, | 344 |
to the extent prescribed by rule of the state board under division | 345 |
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) | 346 |
of that section. | 347 |
(4) The program develops an individual career plan for the | 348 |
student that specifies the student's matriculating to a two-year | 349 |
degree program, acquiring a business and industry credential, or | 350 |
entering an apprenticeship. | 351 |
(5) The program provides counseling and support for the | 352 |
student related to the plan developed under division (F)(4) of | 353 |
this section during the remainder of the student's high school | 354 |
experience. | 355 |
(6) The program requires the student and the student's | 356 |
parent, guardian, or custodian to sign and file, in accordance | 357 |
with procedural requirements stipulated by the program, a written | 358 |
statement asserting the parent's, guardian's, or custodian's | 359 |
consent to the student's graduating without completing the Ohio | 360 |
core curriculum and acknowledging that one consequence of not | 361 |
completing the Ohio core curriculum is ineligibility to enroll in | 362 |
most state universities in Ohio without further coursework. | 363 |
(7) Prior to receiving the waiver, the program has submitted | 364 |
to the department an instructional plan that demonstrates how the | 365 |
academic content standards adopted by the state board under | 366 |
section 3301.079 of the Revised Code will be taught and assessed. | 367 |
If the department does not act either to grant the waiver or | 368 |
to reject the program application for the waiver within sixty days | 369 |
as required under this section, the waiver shall be considered to | 370 |
be granted. | 371 |
(G) Every high school may permit students below the ninth | 372 |
grade to take advanced work. If a high school so permits, it shall | 373 |
award high school credit for successful completion of the advanced | 374 |
work and shall count such advanced work toward the graduation | 375 |
requirements of division (B) or (C) of this section if the | 376 |
advanced work was both: | 377 |
(1) Taught by a person who possesses a license or certificate | 378 |
issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 379 |
Code that is valid for teaching high school; | 380 |
(2) Designated by the board of education of the city, local, | 381 |
or exempted village school district, the board of the cooperative | 382 |
education school district, or the governing authority of the | 383 |
chartered nonpublic school as meeting the high school curriculum | 384 |
requirements. | 385 |
Each high school shall record on the student's high school | 386 |
transcript all high school credit awarded under division (G) of | 387 |
this section. In addition, if the student completed a seventh- or | 388 |
eighth-grade fine arts course described in division (K) of this | 389 |
section and the course qualified for high school credit under that | 390 |
division, the high school shall record that course on the | 391 |
student's high school transcript. | 392 |
(H) The department shall make its individual academic career | 393 |
plan available through its Ohio career information system web site | 394 |
for districts and schools to use as a tool for communicating with | 395 |
and providing guidance to students and families in selecting high | 396 |
school courses. | 397 |
(I) Units earned in English language arts, mathematics, | 398 |
science, and social studies that are delivered through integrated | 399 |
academic and career-technical instruction are eligible to meet the | 400 |
graduation requirements of division (B) or (C) of this section. | 401 |
(J) The state board, in consultation with the chancellor, | 402 |
shall adopt a statewide plan implementing methods for students to | 403 |
earn units of high school credit based on a demonstration of | 404 |
subject area competency, instead of or in combination with | 405 |
completing hours of classroom instruction. The state board shall | 406 |
adopt the plan not later than March 31, 2009, and commence phasing | 407 |
in the plan during the 2009-2010 school year. The plan shall | 408 |
include a standard method for recording demonstrated proficiency | 409 |
on high school transcripts. Each school district and community | 410 |
school shall comply with the state board's plan adopted under this | 411 |
division and award units of high school credit in accordance with | 412 |
the plan. The state board may adopt existing methods for earning | 413 |
high school credit based on a demonstration of subject area | 414 |
competency as necessary prior to the 2009-2010 school year. | 415 |
(K) This division does not apply to students who qualify for | 416 |
graduation from high school under division (D) or (F) of this | 417 |
section, or to students pursuing a career-technical instructional | 418 |
track as determined by the school district board of education or | 419 |
the chartered nonpublic school's governing authority. | 420 |
Nevertheless, the general assembly encourages such students to | 421 |
consider enrolling in a fine arts course as an elective. | 422 |
Beginning with students who enter ninth grade for the first | 423 |
time on or after July 1, 2010, each student enrolled in a public | 424 |
or chartered nonpublic high school shall complete two semesters or | 425 |
the equivalent of fine arts to graduate from high school. The | 426 |
coursework may be completed in any of grades seven to twelve. Each | 427 |
student who completes a fine arts course in grade seven or eight | 428 |
may elect to count that course toward the five units of electives | 429 |
required for graduation under division (C)(8) of this section, if | 430 |
the course satisfied the requirements of division (G) of this | 431 |
section. In that case, the high school shall award the student | 432 |
high school credit for the course and count the course toward the | 433 |
five units required under division (C)(8) of this section. If the | 434 |
course in grade seven or eight did not satisfy the requirements of | 435 |
division (G) of this section, the high school shall not award the | 436 |
student high school credit for the course but shall count the | 437 |
course toward the two semesters or the equivalent of fine arts | 438 |
required by this division. | 439 |
(L) Notwithstanding anything to the contrary in this section, | 440 |
the board of education of each school district and the governing | 441 |
authority of each chartered nonpublic school may adopt a policy to | 442 |
excuse from the high school physical education requirement each | 443 |
student who, during high school, has participated in | 444 |
interscholastic athletics, marching band, or cheerleading for at | 445 |
least two full seasons or in the junior reserve officer training | 446 |
corps for at least two full school years. If the board or | 447 |
authority adopts such a policy, the board or authority shall not | 448 |
require the student to complete any physical education course as a | 449 |
condition to graduate. However, the student shall be required to | 450 |
complete one-half unit, consisting of at least sixty hours of | 451 |
instruction, in another course of study. In the case of a student | 452 |
who has participated in the junior reserve officer training corps | 453 |
for at least two full school years, credit received for that | 454 |
participation may be used to satisfy the requirement to complete | 455 |
one-half unit in another course of study. | 456 |
(M) It is important that high school students learn and | 457 |
understand United States history and the governments of both the | 458 |
United States and the state of Ohio. Therefore, beginning with | 459 |
students who enter ninth grade for the first time on or after July | 460 |
1, 2012, the study of American history and American government | 461 |
required by divisions (B)(6) and (C)(6) of this section shall | 462 |
include the study of all of the following documents: | 463 |
(1) The Declaration of Independence; | 464 |
(2) The Northwest Ordinance; | 465 |
(3) The Constitution of the United States with emphasis on | 466 |
the Bill of Rights; | 467 |
(4) The Ohio Constitution. | 468 |
The study of each of the documents prescribed in divisions | 469 |
(M)(1) to (4) of this section shall include study of that document | 470 |
in its original context. | 471 |
The study of American history and government required by | 472 |
divisions (B)(6) and (C)(6) of this section shall include the | 473 |
historical evidence of the role of documents such as the | 474 |
Federalist Papers and the Anti-Federalist Papers to firmly | 475 |
establish the historical background leading to the establishment | 476 |
of the provisions of the Constitution and Bill of Rights. | 477 |
Sec. 3313.6021. (A) As used in this section, "psychomotor | 478 |
skills" means the use of hands-on practice to support cognitive | 479 |
learning. | 480 |
(B) Beginning with students who enter ninth grade for the | 481 |
first time on or after July 1, 2015, except as provided in | 482 |
division (F) of this section, each school district and chartered | 483 |
nonpublic school which offers grades nine to twelve shall provide | 484 |
instruction in cardiopulmonary resuscitation and the use of an | 485 |
automated external defibrillator and shall require successful | 486 |
completion of such instruction as a condition for issuance of a | 487 |
high school diploma. | 488 |
Instruction shall include the psychomotor skills necessary to | 489 |
perform cardiopulmonary resuscitation and use an automated | 490 |
external defibrillator and shall be either of the following: | 491 |
(1) An instructional program developed by the American heart | 492 |
association or the American red cross that includes instruction in | 493 |
cardiopulmonary resuscitation and the use of an automated external | 494 |
defibrillator; | 495 |
(2) An instructional program that is nationally recognized | 496 |
and based on the most current national, evidence-based emergency | 497 |
cardiovascular care guidelines for cardiopulmonary resuscitation | 498 |
and the use of an automated external defibrillator. | 499 |
(C) No student shall receive certification in cardiopulmonary | 500 |
resuscitation and the use of an automated external defibrillator | 501 |
unless the student is trained by an authorized or certified | 502 |
instructor. | 503 |
(D) Nothing in this section requires a licensed educator to | 504 |
be certified to provide training in the manner prescribed by this | 505 |
section to facilitate, provide, or oversee instruction in | 506 |
cardiopulmonary resuscitation and the use of an automated external | 507 |
defibrillator that does not result in certification of students. | 508 |
(E) The department of education shall establish a procedure | 509 |
for monitoring compliance with this section by school districts | 510 |
and schools. | 511 |
The department may withhold a percentage of the total amount | 512 |
of state funds due to the district or school for the current | 513 |
fiscal year, as the department determines, for failure to comply | 514 |
with this section. | 515 |
(F) If a student is excused from taking instruction in | 516 |
cardiopulmonary resuscitation under division (A)(8) of section | 517 |
3313.60 of the Revised Code, the student shall not be required to | 518 |
receive instruction as prescribed by this section. | 519 |
Sec. 3314.03. A copy of every contract entered into under | 520 |
this section shall be filed with the superintendent of public | 521 |
instruction. The department of education shall make available on | 522 |
its web site a copy of every approved, executed contract filed | 523 |
with the superintendent under this section. | 524 |
(A) Each contract entered into between a sponsor and the | 525 |
governing authority of a community school shall specify the | 526 |
following: | 527 |
(1) That the school shall be established as either of the | 528 |
following: | 529 |
(a) A nonprofit corporation established under Chapter 1702. | 530 |
of the Revised Code, if established prior to April 8, 2003; | 531 |
(b) A public benefit corporation established under Chapter | 532 |
1702. of the Revised Code, if established after April 8, 2003. | 533 |
(2) The education program of the school, including the | 534 |
school's mission, the characteristics of the students the school | 535 |
is expected to attract, the ages and grades of students, and the | 536 |
focus of the curriculum; | 537 |
(3) The academic goals to be achieved and the method of | 538 |
measurement that will be used to determine progress toward those | 539 |
goals, which shall include the statewide achievement assessments; | 540 |
(4) Performance standards by which the success of the school | 541 |
will be evaluated by the sponsor; | 542 |
(5) The admission standards of section 3314.06 of the Revised | 543 |
Code and, if applicable, section 3314.061 of the Revised Code; | 544 |
(6)(a) Dismissal procedures; | 545 |
(b) A requirement that the governing authority adopt an | 546 |
attendance policy that includes a procedure for automatically | 547 |
withdrawing a student from the school if the student without a | 548 |
legitimate excuse fails to participate in one hundred five | 549 |
consecutive hours of the learning opportunities offered to the | 550 |
student. | 551 |
(7) The ways by which the school will achieve racial and | 552 |
ethnic balance reflective of the community it serves; | 553 |
(8) Requirements for financial audits by the auditor of | 554 |
state. The contract shall require financial records of the school | 555 |
to be maintained in the same manner as are financial records of | 556 |
school districts, pursuant to rules of the auditor of state. | 557 |
Audits shall be conducted in accordance with section 117.10 of the | 558 |
Revised Code. | 559 |
(9) The facilities to be used and their locations; | 560 |
(10) Qualifications of teachers, including a requirement that | 561 |
the school's classroom teachers be licensed in accordance with | 562 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 563 |
community school may engage noncertificated persons to teach up to | 564 |
twelve hours per week pursuant to section 3319.301 of the Revised | 565 |
Code. | 566 |
(11) That the school will comply with the following | 567 |
requirements: | 568 |
(a) The school will provide learning opportunities to a | 569 |
minimum of twenty-five students for a minimum of nine hundred | 570 |
twenty hours per school year. | 571 |
(b) The governing authority will purchase liability | 572 |
insurance, or otherwise provide for the potential liability of the | 573 |
school. | 574 |
(c) The school will be nonsectarian in its programs, | 575 |
admission policies, employment practices, and all other | 576 |
operations, and will not be operated by a sectarian school or | 577 |
religious institution. | 578 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 579 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 580 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 581 |
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 582 |
3313.6021, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, | 583 |
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, | 584 |
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, | 585 |
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, | 586 |
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, | 587 |
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 588 |
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., | 589 |
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it | 590 |
were a school district and will comply with section 3301.0714 of | 591 |
the Revised Code in the manner specified in section 3314.17 of the | 592 |
Revised Code. | 593 |
(e) The school shall comply with Chapter 102. and section | 594 |
2921.42 of the Revised Code. | 595 |
(f) The school will comply with sections 3313.61, 3313.611, | 596 |
and 3313.614 of the Revised Code, except that for students who | 597 |
enter ninth grade for the first time before July 1, 2010, the | 598 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 599 |
that a person must successfully complete the curriculum in any | 600 |
high school prior to receiving a high school diploma may be met by | 601 |
completing the curriculum adopted by the governing authority of | 602 |
the community school rather than the curriculum specified in Title | 603 |
XXXIII of the Revised Code or any rules of the state board of | 604 |
education. Beginning with students who enter ninth grade for the | 605 |
first time on or after July 1, 2010, the requirement in sections | 606 |
3313.61 and 3313.611 of the Revised Code that a person must | 607 |
successfully complete the curriculum of a high school prior to | 608 |
receiving a high school diploma shall be met by completing the | 609 |
Ohio core curriculum prescribed in division (C) of section | 610 |
3313.603 of the Revised Code, unless the person qualifies under | 611 |
division (D) or (F) of that section. Each school shall comply with | 612 |
the plan for awarding high school credit based on demonstration of | 613 |
subject area competency, adopted by the state board of education | 614 |
under division (J) of section 3313.603 of the Revised Code. | 615 |
(g) The school governing authority will submit within four | 616 |
months after the end of each school year a report of its | 617 |
activities and progress in meeting the goals and standards of | 618 |
divisions (A)(3) and (4) of this section and its financial status | 619 |
to the sponsor and the parents of all students enrolled in the | 620 |
school. | 621 |
(h) The school, unless it is an internet- or computer-based | 622 |
community school, will comply with section 3313.801 of the Revised | 623 |
Code as if it were a school district. | 624 |
(i) If the school is the recipient of moneys from a grant | 625 |
awarded under the federal race to the top program, Division (A), | 626 |
Title XIV, Sections 14005 and 14006 of the "American Recovery and | 627 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 628 |
school will pay teachers based upon performance in accordance with | 629 |
section 3317.141 and will comply with section 3319.111 of the | 630 |
Revised Code as if it were a school district. | 631 |
(12) Arrangements for providing health and other benefits to | 632 |
employees; | 633 |
(13) The length of the contract, which shall begin at the | 634 |
beginning of an academic year. No contract shall exceed five years | 635 |
unless such contract has been renewed pursuant to division (E) of | 636 |
this section. | 637 |
(14) The governing authority of the school, which shall be | 638 |
responsible for carrying out the provisions of the contract; | 639 |
(15) A financial plan detailing an estimated school budget | 640 |
for each year of the period of the contract and specifying the | 641 |
total estimated per pupil expenditure amount for each such year. | 642 |
(16) Requirements and procedures regarding the disposition of | 643 |
employees of the school in the event the contract is terminated or | 644 |
not renewed pursuant to section 3314.07 of the Revised Code; | 645 |
(17) Whether the school is to be created by converting all or | 646 |
part of an existing public school or educational service center | 647 |
building or is to be a new start-up school, and if it is a | 648 |
converted public school or service center building, specification | 649 |
of any duties or responsibilities of an employer that the board of | 650 |
education or service center governing board that operated the | 651 |
school or building before conversion is delegating to the | 652 |
governing authority of the community school with respect to all or | 653 |
any specified group of employees provided the delegation is not | 654 |
prohibited by a collective bargaining agreement applicable to such | 655 |
employees; | 656 |
(18) Provisions establishing procedures for resolving | 657 |
disputes or differences of opinion between the sponsor and the | 658 |
governing authority of the community school; | 659 |
(19) A provision requiring the governing authority to adopt a | 660 |
policy regarding the admission of students who reside outside the | 661 |
district in which the school is located. That policy shall comply | 662 |
with the admissions procedures specified in sections 3314.06 and | 663 |
3314.061 of the Revised Code and, at the sole discretion of the | 664 |
authority, shall do one of the following: | 665 |
(a) Prohibit the enrollment of students who reside outside | 666 |
the district in which the school is located; | 667 |
(b) Permit the enrollment of students who reside in districts | 668 |
adjacent to the district in which the school is located; | 669 |
(c) Permit the enrollment of students who reside in any other | 670 |
district in the state. | 671 |
(20) A provision recognizing the authority of the department | 672 |
of education to take over the sponsorship of the school in | 673 |
accordance with the provisions of division (C) of section 3314.015 | 674 |
of the Revised Code; | 675 |
(21) A provision recognizing the sponsor's authority to | 676 |
assume the operation of a school under the conditions specified in | 677 |
division (B) of section 3314.073 of the Revised Code; | 678 |
(22) A provision recognizing both of the following: | 679 |
(a) The authority of public health and safety officials to | 680 |
inspect the facilities of the school and to order the facilities | 681 |
closed if those officials find that the facilities are not in | 682 |
compliance with health and safety laws and regulations; | 683 |
(b) The authority of the department of education as the | 684 |
community school oversight body to suspend the operation of the | 685 |
school under section 3314.072 of the Revised Code if the | 686 |
department has evidence of conditions or violations of law at the | 687 |
school that pose an imminent danger to the health and safety of | 688 |
the school's students and employees and the sponsor refuses to | 689 |
take such action. | 690 |
(23) A description of the learning opportunities that will be | 691 |
offered to students including both classroom-based and | 692 |
non-classroom-based learning opportunities that is in compliance | 693 |
with criteria for student participation established by the | 694 |
department under division (H)(2) of section 3314.08 of the Revised | 695 |
Code; | 696 |
(24) The school will comply with sections 3302.04 and | 697 |
3302.041 of the Revised Code, except that any action required to | 698 |
be taken by a school district pursuant to those sections shall be | 699 |
taken by the sponsor of the school. However, the sponsor shall not | 700 |
be required to take any action described in division (F) of | 701 |
section 3302.04 of the Revised Code. | 702 |
(25) Beginning in the 2006-2007 school year, the school will | 703 |
open for operation not later than the thirtieth day of September | 704 |
each school year, unless the mission of the school as specified | 705 |
under division (A)(2) of this section is solely to serve dropouts. | 706 |
In its initial year of operation, if the school fails to open by | 707 |
the thirtieth day of September, or within one year after the | 708 |
adoption of the contract pursuant to division (D) of section | 709 |
3314.02 of the Revised Code if the mission of the school is solely | 710 |
to serve dropouts, the contract shall be void. | 711 |
(B) The community school shall also submit to the sponsor a | 712 |
comprehensive plan for the school. The plan shall specify the | 713 |
following: | 714 |
(1) The process by which the governing authority of the | 715 |
school will be selected in the future; | 716 |
(2) The management and administration of the school; | 717 |
(3) If the community school is a currently existing public | 718 |
school or educational service center building, alternative | 719 |
arrangements for current public school students who choose not to | 720 |
attend the converted school and for teachers who choose not to | 721 |
teach in the school or building after conversion; | 722 |
(4) The instructional program and educational philosophy of | 723 |
the school; | 724 |
(5) Internal financial controls. | 725 |
(C) A contract entered into under section 3314.02 of the | 726 |
Revised Code between a sponsor and the governing authority of a | 727 |
community school may provide for the community school governing | 728 |
authority to make payments to the sponsor, which is hereby | 729 |
authorized to receive such payments as set forth in the contract | 730 |
between the governing authority and the sponsor. The total amount | 731 |
of such payments for oversight and monitoring of the school shall | 732 |
not exceed three per cent of the total amount of payments for | 733 |
operating expenses that the school receives from the state. | 734 |
(D) The contract shall specify the duties of the sponsor | 735 |
which shall be in accordance with the written agreement entered | 736 |
into with the department of education under division (B) of | 737 |
section 3314.015 of the Revised Code and shall include the | 738 |
following: | 739 |
(1) Monitor the community school's compliance with all laws | 740 |
applicable to the school and with the terms of the contract; | 741 |
(2) Monitor and evaluate the academic and fiscal performance | 742 |
and the organization and operation of the community school on at | 743 |
least an annual basis; | 744 |
(3) Report on an annual basis the results of the evaluation | 745 |
conducted under division (D)(2) of this section to the department | 746 |
of education and to the parents of students enrolled in the | 747 |
community school; | 748 |
(4) Provide technical assistance to the community school in | 749 |
complying with laws applicable to the school and terms of the | 750 |
contract; | 751 |
(5) Take steps to intervene in the school's operation to | 752 |
correct problems in the school's overall performance, declare the | 753 |
school to be on probationary status pursuant to section 3314.073 | 754 |
of the Revised Code, suspend the operation of the school pursuant | 755 |
to section 3314.072 of the Revised Code, or terminate the contract | 756 |
of the school pursuant to section 3314.07 of the Revised Code as | 757 |
determined necessary by the sponsor; | 758 |
(6) Have in place a plan of action to be undertaken in the | 759 |
event the community school experiences financial difficulties or | 760 |
closes prior to the end of a school year. | 761 |
(E) Upon the expiration of a contract entered into under this | 762 |
section, the sponsor of a community school may, with the approval | 763 |
of the governing authority of the school, renew that contract for | 764 |
a period of time determined by the sponsor, but not ending earlier | 765 |
than the end of any school year, if the sponsor finds that the | 766 |
school's compliance with applicable laws and terms of the contract | 767 |
and the school's progress in meeting the academic goals prescribed | 768 |
in the contract have been satisfactory. Any contract that is | 769 |
renewed under this division remains subject to the provisions of | 770 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 771 |
(F) If a community school fails to open for operation within | 772 |
one year after the contract entered into under this section is | 773 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 774 |
Code or permanently closes prior to the expiration of the | 775 |
contract, the contract shall be void and the school shall not | 776 |
enter into a contract with any other sponsor. A school shall not | 777 |
be considered permanently closed because the operations of the | 778 |
school have been suspended pursuant to section 3314.072 of the | 779 |
Revised Code. | 780 |
Sec. 3326.11. Each science, technology, engineering, and | 781 |
mathematics school established under this chapter and its | 782 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 783 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 784 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 785 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 786 |
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 787 |
3313.6015, 3313.6021, 3313.61, 3313.611, 3313.614, 3313.615, | 788 |
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 789 |
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 790 |
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, | 791 |
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, | 792 |
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 793 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 794 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 795 |
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 796 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 797 |
district. | 798 |
Sec. 3328.24. A college-preparatory boarding school | 799 |
established under this chapter and its board of trustees shall | 800 |
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 801 |
3301.0714, 3313.6021, 3313.6411, 3319.39, and 3319.391 of the | 802 |
Revised Code as if the school were a school district and the | 803 |
school's board of trustees were a district board of education. | 804 |
Section 2. That existing sections 3313.60, 3313.603, | 805 |
3314.03, 3326.11, and 3328.24 of the Revised Code are hereby | 806 |
repealed. | 807 |