As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 580


Representatives Grossman, Letson 



A BILL
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


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

       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, except that. However,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 instruction164
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