To amend sections 3313.533, 3319.26, 3319.31, and 3319.51 and to enact section 3319.302 of the Revised Code to permit school districts that establish certain alternative schools to contract with nonprofit or for profit entities to operate those schools, to provide additional standards for alternative schools operated by nonprofit or for profit entities, to change the grade levels for which the alternative educator license may be issued, to require the State Board of Education to issue a one-year conditional teaching permit for individuals intending to seek an alternative educator license, and to declare an emergency.

Section 1. That sections 3313.533, 3319.26, 3319.31, and 3319.51 be amended and section 3319.302 of the Revised Code be enacted to read as follows:

Sec. 3313.533.  (A) The board of education of a city, exempted village, or local school district may adopt a resolution to establish and maintain an alternative school in accordance with this section. The resolution shall specify, but not necessarily be limited to, all of the following:

(1) The purpose of the school, which purpose shall be to serve students who are on suspension, who are having truancy problems, who are experiencing academic failure, who have a history of class disruption, or who are exhibiting other academic or behavioral problems specified in the resolution;

(2) The grades served by the school, which may include any of grades kindergarten through twelve;

(3) A requirement that the school be operated in accordance with this section. The board of education adopting the resolution under division (A) of this section shall be the governing board of the alternative school. The board shall develop and implement a plan for the school in accordance with the resolution establishing the school and in accordance with this section. Each plan shall include, but not necessarily be limited to, all of the following:

(a) Specification of the reasons for which students will be accepted for assignment to the school and any criteria for admission that are to be used by the board to approve or disapprove the assignment of students to the school;

(b) Specification of the criteria and procedures that will be used for returning students who have been assigned to the school back to the regular education program of the district;

(c) An evaluation plan for assessing the effectiveness of the school and its educational program and reporting the results of the evaluation to the public.

(B) Notwithstanding any provision of Title XXXIII of the Revised Code to the contrary, the alternative school plan may include any of the following:

(1) A requirement that on each school day students must attend school or participate in other programs specified in the plan or by the chief administrative officer of the school for a period equal to the minimum school day set by the state board of education under section 3313.48 of the Revised Code plus any additional time required in the plan or by the chief administrative officer;

(2) Restrictions on student participation in extracurricular or interscholastic activities;

(3) A requirement that students wear uniforms prescribed by the district board of education.

(C) In accordance with the alternative school plan, the district board of education may employ teachers and nonteaching employees necessary to carry out its duties and fulfill its responsibilities or may contract with a nonprofit or for profit entity to operate the alternative school, including the provision of personnel, supplies, equipment, or facilities.

(D) An alternative school may be established in all or part of a school building.

(E) If a district board of education elects under this section, or is required by section 3313.534 of the Revised Code, to establish an alternative school, the district board may join with the board of education of one or more other districts to form a joint alternative school by forming a cooperative education school district under section 3311.52 or 3311.521 of the Revised Code, or a joint educational program under section 3313.842 of the Revised Code. The authority to employ personnel or to contract with a nonprofit or for profit entity under division (C) of this section applies to any alternative school program established under this division.

(F) Any individual employed as a teacher at an alternative school operated by a nonprofit or for profit entity under this section shall be licensed and shall be subject to background checks, as described in section 3319.39 of the Revised Code, in the same manner as an individual employed by a school district.

(G) Division (G) of this section applies only to any alternative school that is operated by a nonprofit or for profit entity under contract with the school district.

(1) In addition to the specifications authorized under division (B) of this section, any plan adopted under that division for an alternative school to which division (G) of this section also applies shall include the following:

(a) A description of the educational program provided at the alternative school, which shall include:

(i) Provisions for the school to be configured in clusters or small learning communities;

(ii) Provisions for the incorporation of education technology into the curriculum;

(iii) Provisions for accelerated learning programs in reading and mathematics.

(b) A method to determine the reading and mathematics level of each student assigned to the alternative school and a method to continuously monitor each student's progress in those areas. The methods employed under this division shall be aligned with the curriculum adopted by the school district board of education under section 3313.60 of the Revised Code.

(c) A plan for social services to be provided at the alternative school, such as, but not limited to, counseling services, psychological support services, and enrichment programs;

(d) A plan for a student's transition from the alternative school back to a school operated by the school district.

(2) Notwithstanding division (A)(2) of this section, any alternative school to which division (G) of this section applies shall include only grades six through twelve.

(3) Notwithstanding anything in division (A)(3)(a) of this section to the contrary, the characteristics of students who may be assigned to an alternative school to which division (G) of this section applies shall include only disruptive and low-performing students.

Sec. 3319.26.  The state board of education shall adopt rules establishing the standards and requirements for obtaining an alternative educator license for teaching in grades seven to twelve, or the equivalent, in a designated any specified grade level or subject area. The rules shall require applicants for the license to hold a minimum of a baccalaureate degree, to have successfully completed three semester hours or the equivalent of college coursework in the developmental characteristics of adolescent youths child development and three semester hours or the equivalent in teaching methods, and to have passed an examination in the subject area for which application is being made. An alternative educator license shall be valid for two years and shall not be renewable.

The rules shall require the holder of an alternative educator license, as a condition of continuing to hold the license, to show satisfactory progress in taking and successfully completing within two years at least twelve additional semester hours, or the equivalent, of college coursework in the principles and practices of teaching in such topics as student development and learning, pupil assessment procedures, curriculum development, classroom management, and teaching methodology.

The rules shall provide for the granting of a provisional educator license to a holder of an alternative educator license upon successfully completing all of the following:

(A) Two years of teaching under the alternative license;

(B) The twelve semester hours, or the equivalent, of the additional college coursework described in this section;

(C) The assessment of subject matter content and professional knowledge that is required of other applicants for a provisional educator license. The standards for successfully completing this assessment and the manner of conducting the assessment shall be the same as for any other applicant for a provisional educator license.

Sec. 3319.302. It is the intent of the general assembly that the state board of education shall administer this section without adopting any rules for its implementation.

Unless the provisions of division (B) or (C) of section 3319.31 of the Revised Code apply to an applicant, the state board of education shall issue a one-year conditional teaching permit to any applicant who meets the following conditions:

(A) Holds a bachelor's degree;

(B) Has successfully completed a basic skills test as prescribed by the state board;

(C) Has completed either as part of the applicant's degree program or separate from it the equivalent of at least fifteen semester hours of coursework in the teaching area or subject area in which licensure under this section is sought;

(D) Has completed the equivalent of a total of six semester hours of additional coursework in the areas of the teaching or subject area described in division (C) of this section, characteristics of student learning, diversity of learners, planning for instruction, instruction strategies, learning environments, communication, assessment, or student support. The coursework may have been completed through classes developed and offered by regional professional development providers, such as special education regional resource centers, regional professional development centers, educational service centers, local educational agencies, professional organizations, and institutions of higher education, provided the coursework is taken for credit in collaboration with a college or university that has a teacher education program approved by the state board.

(E) The applicant has entered into a written agreement with the school district; community school; or nonprofit or for profit entity operating an alternative school under section 3313.533 of the Revised Code that will employ the applicant and the department of education under which the district, school, or entity will provide for the applicant a structured mentoring program in the areas listed in division (D) of this section that is aligned with the performance expectations prescribed by state board rule for entry-year teachers.

(F) The applicant agrees to complete while employed under the one-year teaching permit the equivalent of an additional three semester hours of coursework in the teaching area or subject area in which the individual is teaching and for which the individual will seek an alternative educator license pursuant to division (G) of this section. The individual's mentor prescribed in division (E) of this section shall assist the individual in selecting coursework to satisfy the requirement prescribed in this division. The coursework may be completed through classes offered by regional professional development providers, such as special education regional resource centers, regional professional development centers, educational service centers, local educational agencies, professional organizations, and institutions of higher education, if the coursework is taken for credit in collaboration with a college or university that has a teacher education program approved by the state board.

(G) The applicant agrees to seek at the conclusion of the year in which the individual is employed under the one-year teaching permit issued under this section an alternative educator license issued under section 3319.26 of the Revised Code in the teaching area or subject area in which the individual has been teaching and plans to continue to teach. The applicant shall not be reemployed by the school district; community school; or nonprofit or for profit entity operating an alternative school under section 3313.533 of the Revised Code or be employed by another such district, school, or entity unless that alternative educator license is issued to the applicant prior to the beginning of the next school year.

(H) The applicant pays the fee established under section 3319.51 of the Revised Code.

Sec. 3319.31.  (A) As used in this section and sections 3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" means a certificate, license, or permit described in division (B) of section 3301.071 or in section 3301.074, 3319.088, or 3319.29, or 3319.302 of the Revised Code.

(B) For any of the following reasons, the state board of education, in accordance with Chapter 119. and section 3319.311 of the Revised Code, may refuse to issue a license to an applicant, may limit a license it issues to an applicant, or may suspend, revoke, or limit a license that has been issued to any person:

(1) Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or person's position;

(2) A plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the following:

(a) A felony;

(b) A violation of section 2907.04 or 2907.06 or division (A) or (C) of section 2907.07 of the Revised Code;

(c) An offense of violence;

(d) A theft offense, as defined in section 2913.01 of the Revised Code;

(e) A drug abuse offense, as defined in section 2925.01 of the Revised Code, that is not a minor misdemeanor;

(f) A violation of an ordinance of a municipal corporation that is substantively comparable to an offense listed in divisions (B)(2)(a) to (e) of this section.

(C) The state board may take action under division (B) of this section on the basis of substantially comparable conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.

(D) The state board may adopt rules in accordance with Chapter 119. of the Revised Code to carry out this section and section 3319.311 of the Revised Code.

Sec. 3319.51.  (A) The state board of education shall annually establish the amount of the fees required to be paid under division (B) of section 3301.071 and sections 3301.074, 3319.088, and 3319.29, and 3319.302 of the Revised Code. The amount of these fees shall be such that they, along with any appropriation made to the fund established under division (B) of this section, will be sufficient to cover the annual estimated cost of administering the sections of law listed under division (B) of this section.

(B) There is hereby established in the state treasury the state board of education licensure fund, which shall be used by the state board of education solely to pay the cost of administering sections 3301.071, 3301.074, 3319.088, 3319.22, 3319.28, 3319.29, 3319.291, 3319.301, 3319.302, and 3319.31 of the Revised Code. The fund shall consist of the amounts paid into the fund pursuant to division (B) of section 3301.071 and sections 3301.074, 3319.088, and 3319.29, and 3319.302 of the Revised Code and any appropriations to the fund by the general assembly.

Section 2. That existing sections 3313.533, 3319.26, 3319.31, and 3319.51 of the Revised Code are hereby repealed.

Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that giving immediate effect to the provisions of this act will permit school district boards to take advantage of those provisions that could increase the number of available persons to fill faculty vacancies in time for the start of the next school year and, thus, to help correct the current teacher shortage problem facing many district boards. Therefore, this act shall go into immediate effect.