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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H.B. No. 121 |
REPRESENTATIVE GARDNER
A BILL
To amend sections 3313.64 and 3314.03 and to enact sections
3313.716 and 3314.14 of the Revised Code and to amend Section 50.52.5 of Am.
Sub.
H.B. 215 of the 122nd General Assembly, as
subsequently amended, and to amend Section 50.52.6 of Am. Sub.
H.B. 215 of the 122nd General Assembly to permit students of
school districts, community schools, and chartered nonpublic
schools to carry asthma inhalers approved by the students'
physicians and parents, and to grant immunity to school
districts, community schools, and chartered nonpublic schools
and their employees for good faith actions in connection with
this permission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.64 and 3314.03 be amended and
sections 3313.716 and 3314.14 of the Revised Code be enacted to
read as follows:
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of human services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.06 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who has not entered kindergarten.
(8) "Child," unless otherwise indicated, includes
handicapped preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency.
(d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district may be admitted
to the schools of the district where the child's parent is
employed,
provided the board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with his THE CHILD'S parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712 and, 3313.713, AND
3313.716 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division;
(b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code.
Sec. 3313.716. (A)
NOTWITHSTANDING SECTION 3313.713 OF THE
REVISED
CODE OR ANY POLICY ADOPTED
UNDER THAT SECTION, A STUDENT OF A SCHOOL OPERATED BY A CITY,
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT OR
A STUDENT OF A CHARTERED NONPUBLIC SCHOOL MAY POSSESS AND USE A
METERED DOSE INHALER OR A DRY POWDER INHALER TO ALLEVIATE
ASTHMATIC SYMPTOMS, OR BEFORE EXERCISE TO PREVENT THE ONSET OF
ASTHMATIC SYMPTOMS, IF BOTH OF THE FOLLOWING CONDITIONS ARE
SATISFIED:
(1) THE STUDENT HAS THE WRITTEN APPROVAL OF THE STUDENT'S
PHYSICIAN AND, IF THE STUDENT IS A MINOR, THE WRITTEN APPROVAL
OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE
OF THE STUDENT.
(2) THE SCHOOL PRINCIPAL HAS RECEIVED COPIES OF THE
WRITTEN APPROVALS REQUIRED BY DIVISION
(A)(1) OF THIS SECTION.
IF THESE CONDITIONS ARE SATISFIED, THE STUDENT MAY POSSESS
AND USE THE INHALER AT SCHOOL OR AT ANY ACTIVITY, EVENT, OR
PROGRAM SPONSORED BY OR IN WHICH THE STUDENT'S SCHOOL IS A
PARTICIPANT.
(B)(1) A SCHOOL DISTRICT,
MEMBER OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL
DISTRICT EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARISING
FROM A DISTRICT EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN
INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE
CONDITIONS OF DIVISIONS (A)(1)
AND (2) OF THIS SECTION HAD NOT BEEN SATISFIED. A SCHOOL
DISTRICT, MEMBER OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR
SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY
ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S PERMITTING A
STUDENT TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH
BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THIS SECTION
HAD BEEN SATISFIED. THIS SECTION DOES NOT ELIMINATE, LIMIT, OR
REDUCE ANY OTHER IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, MEMBER OF A
SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE MAY BE
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER
PROVISION OF THE REVISED
CODE OR UNDER THE COMMON LAW OF
THIS STATE.
(2) A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER,
DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN
A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY
ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S PROHIBITING A STUDENT
FROM USING AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH
BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THIS SECTION
HAD NOT BEEN SATISFIED. A CHARTERED NONPUBLIC SCHOOL OR ANY
OFFICER, DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON
OR PROPERTY ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S
PERMITTING A STUDENT TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S
GOOD FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THIS SECTION
HAD BEEN SATISFIED.
Sec. 3314.03. (A) Each contract entered into under section
3314.02 of the Revised Code between a sponsor and the governing authority of a
community school shall specify the following:
(1) That the school shall be established as a nonprofit
corporation established under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the focus of the
curriculum;
(3) The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those
goals, which shall include the statewide proficiency tests;
(4) Performance standards by which the success of the
school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code;
(6) Dismissal procedures;
(7) The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;
(8) Requirements and procedures for
financial audits by the auditor of state. The contract shall require financial
records of
the school to be maintained in
the same manner as are financial records of school districts, pursuant to
rules of the auditor of state, and the audits shall be conducted in
accordance with section 117.10 of the Revised Code.
(9) The facility to be used and its location;
(10) Qualifications of teachers, including a requirement that the school's
classroom teachers be licensed in accordance with sections 3319.22 to
3319.31 of the Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve
hours per week pursuant to section 3319.301 of the Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a minimum
of twenty-five students for a minimum of nine
hundred twenty hours per school year;
(b) The governing authority will
purchase liability insurance, or otherwise provide for the
potential liability of the school;
(c) The school will be
nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution;
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, 3301.0714,
3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and
Chapters 117., 1347., 2744., 4112., 4123., 4141., and 4167. of the
Revised Code as if it were a school district;
(e) The school shall comply with Chapter 102. of the Revised
Code except that nothing in that chapter shall prohibit a
member of the school's governing board from also being an employee
of the school and nothing in that chapter or section 2921.42 of
the Revised Code shall prohibit a member of the
school's governing board from having an interest in a contract into which the
governing board enters;
(f) The school will comply with sections 3313.61 and
3313.611 of the Revised Code, except that the
requirement in those sections that a person must successfully
complete the curriculum in any high school prior to receiving a
high school diploma may be met by completing the curriculum adopted by the
governing authority of the community school
rather than the curriculum specified in Title XXXIII of the
Revised Code or any rules of the state board of education;
(g) The school governing authority will submit an annual report
of its activities and progress in meeting the goals and standards of divisions
(A)(3) and (4) of this section and its financial status to the
sponsor, the parents of all students enrolled in the
school, and the legislative office of education oversight.
(12) Arrangements for providing health and other benefits
to employees;
(13) The length of the contract, which shall begin at the beginning of an
academic year and shall not exceed five years;
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per pupil
expenditure amount for each such year. The plan shall specify for
each year the base formula amount
that will be used for purposes of funding calculations under section 3314.08
of the Revised Code. This base formula amount for any year shall not exceed
the formula amount defined under section 3317.02
of the Revised Code. The plan may also
specify for any year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of any duties or
responsibilities of an employer that the board of education that operated the
school before conversion is delegating to the governing board of the community
school with respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement applicable
to such employees;
(18) Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing authority of the
community school.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public school, alternative arrangements
for current public school students who choose
not to attend the school and teachers who choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the Revised
Code between a sponsor and the governing
authority of a community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby authorized to
receive such payments as set forth in the contract between the governing
authority and the sponsor.
Sec. 3314.14. A COMMUNITY SCHOOL, COMMUNITY SCHOOL
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A
COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN
INHALER DESCRIBED IN SECTION 3313.716 OF THE
REVISED
CODE BECAUSE OF THE EMPLOYEE'S
GOOD FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THAT SECTION
HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY SCHOOL
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER
DESCRIBED IN THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH
BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THAT SECTION
HAD BEEN SATISFIED. THIS SECTION DOES NOT ELIMINATE, LIMIT, OR
REDUCE ANY OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL,
COMMUNITY SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL
EMPLOYEE MAY BE ENTITLED TO UNDER
CHAPTER 2744. OR ANY OTHER
PROVISION OF THE REVISED
CODE OR UNDER THE COMMON LAW OF
THIS STATE.
Section 2. That existing sections 3313.64 and 3314.03 of the
Revised Code are hereby repealed.
Section 3. That
Section 50.52.5 of Am. Sub. H.B. 215 of the
122nd General Assembly, as most recently amended by Am.
Sub. H.B. 770 of the 122nd General Assembly, be amended to read
as follows:
"Sec. 50.52.5. Each contract entered into between a sponsor
and the governing authority of a community school shall specify
the following:
(A) That the school shall be established as a nonprofit
corporation established under Chapter 1702. of the Revised
Code;
(B) The education program of the school, including the school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the focus of the
curriculum;
(C) Performance standards and assessments by which the success of the
school will be evaluated by the sponsor, which shall include the statewide
proficiency tests;
(D) The admission standards of Subsection 8 of this
section;
(E) Dismissal procedures;
(F) The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;
(G) Requirements and procedures for
financial audits by the Auditor of State. The contract shall require
financial records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the Auditor of
State, and the audits shall be conducted in accordance with
section 117.10 of the Revised Code.
(H) Facilities to be used, their location, and their method of acquisition;
(I) Qualifications of teachers, including a requirement that the school's
classroom teachers be certificated in accordance with sections 3319.22 to
3319.31 of the Revised Code, except that a community school may engage
noncertificated
persons to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code;
(J) That the school will comply with the following
requirements:
(1) The school will provide learning opportunities to a minimum
of twenty-five students for a minimum of nine
hundred twenty hours per school year;
(2) The governing authority will
purchase liability insurance, or otherwise provide for the
potential liability of the school;
(3) The school will be
nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution;
(4) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, 3301.0714,
3313.33, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and
Chapters
102., 117., 1347., 2744., 4112., 4123., 4141., and 4167. of the
Revised Code as
if it were a school
district;
(5) The school will comply with sections 3313.61 and
3313.611 of the
Revised Code, except that the
requirement in those sections that a person must successfully
complete the curriculum in any high school prior to receiving a
high school diploma may be met by completing the curriculum adopted by the
governing authority of the community school
rather than the curriculum specified in Title XXXIII of the
Revised Code or any rules of the state board of education;
(6) The school governing authority will submit an annual report
of its activities and progress in meeting the goals and standards of division
(C) of this subsection and its financial status to the
sponsor, the parents of all students enrolled in the
school, and the legislative office of education oversight.
The financial statement shall be in such form as shall be prescribed by the
Auditor of State.
(K) Arrangements for providing health and other benefits
to employees;
(L) The length of the contract, which shall not exceed five years nor extend
beyond June 30, 2003;
(M) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract, and a description
of the process by which the governing authority will be selected in the
future;
(N) A financial plan detailing an estimated school budget for each year of
the period of the contract and specifying the total estimated per pupil
expenditure amount for each such year. The plan shall specify for
each year the base formula amount
that will be used for purposes of funding calculations under
SUBSECTION 10 OF THIS section 3314.08
of the Revised Code. This base formula amount for any year shall not
exceed
the formula amount defined
under division (B) of IN section 3317.02
of the Revised Code.
(O)(1) Requirements and procedures regarding the disposition of
employees, equipment, materials, supplies, and facilities of the school in the
event the contract is terminated or not renewed pursuant to this section;
(2) Provisions to ensure
that, if for any reason a school must close prior to June 30, 2003, the school
will be kept open for students to attend until the end of the school year in
which it is determined that the school must close;
(3) Provisions establishing procedures for resolving disputes or differences
of opinion between the sponsor and the governing authority of the community
school.
(P) Whether or not the school is to be created by converting all or
part of an existing public school and, if it is, specification of any duties
or responsibilities of an employer that the board of education that operated
the school before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of employees
provided the
delegation is not prohibited by a collective bargaining agreement applicable
to such employees.
(Q) Any additional details concerning the management and administration of
the school;
(R) If the proposed community school is a currently
existing public school, alternative arrangements, approved by
the board of education of the school district in which the school is located,
for current public school students who choose
not to attend the school and teachers who choose not to teach in
the school after conversion;
(S) That the school shall be the custodian of all money received
during the first full fiscal year of its operation and during subsequent years
unless another custodian is designated in the contract to receive and maintain
the first-year revenue."
Section 4. That existing
Section 50.52.5 of Am. Sub. H.B. 215
of the 122nd General Assembly, as most recently amended by
Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby
repealed.
Section 5. That Section 50.52.6 of Am. Sub. H.B. 215 of the
122nd General Assembly be amended to read as follows:
"Section 50.52.6. (A) Except as otherwise specified in this section
and
in the contract between a community school
and a sponsor, such school is exempt from all state laws and
rules pertaining to schools, school districts, and boards of
education, except those laws and rules that grant certain rights to parents.
(B) A COMMUNITY SCHOOL, COMMUNITY
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT
LIABLE IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING
FROM A COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM
USING AN INHALER DESCRIBED IN SECTION 3313.716 OF THE
REVISED
CODE BECAUSE OF THE EMPLOYEE'S
GOOD FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THAT SECTION
HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY SCHOOL
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER
DESCRIBED IN THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH
BELIEF THAT THE CONDITIONS OF DIVISIONS
(A)(1) AND (2) OF THAT SECTION
HAD BEEN SATISFIED. THIS DIVISION DOES NOT ELIMINATE, LIMIT, OR
REDUCE ANY OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL,
COMMUNITY SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL
EMPLOYEE MAY BE ENTITLED TO UNDER
CHAPTER 2744. OR ANY OTHER
PROVISION OF THE REVISED
CODE OR UNDER THE COMMON LAW OF
THIS STATE."
Section 6. That existing Section 50.52.6 of Am. Sub. H.B. 215
of the 122nd General Assembly is hereby repealed.
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