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(126th General Assembly)(Amended Substitute House Bill Number 79)
AN ACTTo amend sections 3301.075, 3301.0714, 3301.41, 3310.02, 3310.03, 3312.01, 3312.02, 3312.03, 3312.04, 3312.05, 3312.08, 3312.09, 3312.10, 3312.11, 3312.13, 3313.41, 3313.472, 3313.536, 3314.014, 3314.015, 3314.02, 3314.03, 3317.03, 3319.291, 3319.311, 3324.10, 3701.93, and 5153.175; to amend, for the purposes of adopting a new section number as indicated in parentheses, section 3310.16 (3310.17); to enact new sections 3314.35 and 3314.36 and sections 3314.025, 3314.026, 3314.051, 3319.313, 3319.314, 3319.315, 5126.253, 5126.254, 5126.255, and 5153.176; and to repeal sections 3310.17, 3314.35, and 3314.36 to require that information about specified professional misconduct or child abuse or neglect committed by a person licensed by the State Board of Education be submitted to the Superintendent of Public Instruction, to require the State Board to request a criminal records check prior to renewing an educator license, to require the State Board to request a criminal records check every five years for a person teaching under a professional or permanent teaching certificate issued under former law, to clarify the information provided by a public children services agency to the Department of Job and Family Services about a person applying for licensure or certification to operate a family day-care home, to add representatives of community school sponsors and staffs to the membership of the Partnership for Continued Learning, to revise terms for renewing Educational Choice Scholarships, to revise eligibility for the Educational Choice Scholarship Pilot Program, to establish the maximum number of Educational Choice Scholarships that may be awarded in each year, to rename data acquisition sites as information technology centers, to revise regional designations for educational service centers or school districts located in multiple regions, to revise the Educational Regional Service System advisory councils membership, to clarify the duties of regional advisory councils under the Educational Regional Service System, to revise the Educational Regional Service System Information Technology Center Subcommittee membership, to require additional content in fiscal agent performance contracts under the Educational Regional Service System, to revise meeting requirements for the State Regional Alliance Advisory Board, to require the State Board of Education to adopt recommendations for the development of school parental involvement policies, to change the law regarding the filing of school building blueprints with the Attorney General, to prohibit persons from serving on more than two start-up community school governing authorities, to prohibit certain conflicts of interest between community school governing authorities and operators, to specify that members of the governing authority of a start-up community school may be compensated for attending meetings of the governing authority, to provide an appeal process for community school operators whose management contracts are terminated or not renewed, to require school districts to sell certain property that is suitable for classroom space and has not been used for educational purposes, to revise the criteria for closing poorly performing community schools, to provide for the inclusion of certain Educational Choice Scholarship students in the formula ADM of their resident school districts, to require school districts to submit student acceleration policies to the Department of Education for approval, and to clarify which schools are subject to inspection under the School Health and Safety Network. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3301.075, 3301.0714, 3301.41, 3310.02, 3310.03, 3312.01, 3312.02, 3312.03, 3312.04, 3312.05, 3312.08, 3312.09, 3312.10, 3312.11, 3312.13, 3313.41, 3313.472, 3313.536, 3314.014, 3314.015, 3314.02, 3314.03, 3317.03, 3319.291, 3319.311, 3324.10, 3701.93, and 5153.175 be amended; section 3310.16 (3310.17) be amended for the purpose of adopting a new section number as indicated in parentheses; and new sections 3314.35 and 3314.36 and sections 3314.025, 3314.026, 3314.051, 3319.313, 3319.314, 3319.315, 5126.253, 5126.254, 5126.255, and 5153.176 of the Revised Code be enacted to read as follows:
Sec. 3301.075. The state board of education shall adopt
rules governing the
purchasing and leasing of data processing
services and equipment for all
local, exempted village, city, and
joint vocational school
districts and all educational service
centers.
Such rules shall include provisions for the
establishment of an Ohio
education
computer network under
procedures, guidelines, and specifications of the
department of
education. The department shall administer funds appropriated for
the
Ohio education
computer network to ensure its efficient and
economical operation and shall
approve no more than twenty-seven
data acquisition sites information technology centers to operate
concurrently. Such sites centers shall
be approved for funding in accordance with
rules of the state
board adopted under this section
that shall provide for the
superintendent of public instruction to require
the membership of
each data
acquisition site information technology center to be composed of combinations of
school districts and
educational service centers
having
sufficient students to support an efficient,
economical
comprehensive program of computer services to member
districts and
educational service centers. However, no such rule shall prohibit a school district or educational service center from receiving computer services from any data acquisition site information technology center established under this section or from any other public or private vendor.
Each data acquisition
site information technology center shall be
organized in accordance with section 3313.92
or Chapter 167. of
the Revised Code. The department of education may contract with an independent
for profit or
nonprofit
entity to provide current and historical
information on Ohio
government through the Ohio education computer
network to school
district libraries operating in accordance with
section 3375.14
of the Revised Code in order
to assist school
teachers in social studies course instruction and support
student
research projects. Any such contract shall be awarded in
accordance
with Chapter 125. of the Revised Code.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include: (1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section; (2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section; (3) Procedures for annually compiling the data in
accordance
with division (G) of this section; (4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section. (B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following: (1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes: (a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section. (b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section. (c) Average student grades in each subject in grades nine
through twelve; (d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code; (e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code; (f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code; (g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration. (h) Expulsion rates; (i) Suspension rates; (j) The percentage of students receiving corporal
punishment; (k) Dropout rates; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government. (b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs. (4) Any data required to be collected pursuant to federal law. (C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following: (1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code. (2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building. (3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher; (b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category; (c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category. (4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract; (b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer; (c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category. (D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the data
acquisition site
information technology center operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
acquisition
site
technology center to have
access to
such
information or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members. (2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section. Individual student data shall be reported to the department
through the
data
acquisition sites information technology centers utilizing the code but at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data. Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. (E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section. (F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code. (G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall: (1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district; (2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(d) of this section. (H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district. (2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education. (3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available. (I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code. (J) As used in this section: (1) "School district" means any city, local, exempted
village, or joint vocational school district. (2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code. (K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data. (L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files: (1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system; (2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system; (3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system. Any report made under this division shall include
recommendations
for corrective action by the school district. Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which the
report was made by the department. (M) No data acquisition site information technology center or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department. (N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system. (O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code. (Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division. Sec. 3301.41. (A) The partnership for continued learning is hereby established. The partnership shall consist of the following members: (1) The governor; (2) The superintendent of public instruction; (3) The chancellor of the Ohio board of regents; (4) The director of development;
(5) Three representatives of the private sector, appointed by the governor;
(6) Two representatives of organizations that have formed regional partnerships to foster collaboration among providers of preschool through postsecondary education, appointed by the governor;
(7) One member of the student access and success coordinating council of Ohio, appointed by the governor;
(8) Two representatives of elementary and secondary schools, one of whom shall be a member of the state board of education and one of whom shall represent chartered nonpublic schools, appointed by the governor;
(9) Two representatives of institutions of higher education, one of whom shall be a member of the Ohio board of regents and one of whom shall represent nonprofit institutions of higher education that hold certificates of authorization issued by the board of regents under section 1713.02 of the Revised Code, appointed by the governor;
(10) One member of the state workforce policy board prescribed by section 6301.04 of the Revised Code, appointed by the governor;
(11) One member who is a representative of a sponsor of a community school established under Chapter 3314. of the Revised Code, appointed by the governor; (12) One member who is either a teacher or an administrator employed by a community school, appointed by the governor; (13) The chairpersons and ranking minority members of the education committees of the senate and house of representatives. (B) Appointed members of the partnership shall serve at the pleasure of the governor. (C) The governor shall serve as chairperson of the partnership. The partnership shall meet at least quarterly and at other times upon the call of the chairperson to conduct its business. Sec. 3310.02. The educational choice scholarship pilot program is hereby established. Under the program,
the department of education annually shall pay scholarships to attend chartered nonpublic schools in accordance
with section 3310.08 of the
Revised
Code for up to the number of fourteen thousand eligible students prescribed by the general assembly. If the number of students who apply for a scholarship exceeds the number prescribed by the general assembly fourteen thousand, the department first shall award scholarships in the following order of priority: (A) First, to eligible students who received scholarships in the prior school year, and then shall give priority; (B) Second, to eligible students with family incomes at or below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code. After awarding scholarships to previous recipients and to low-income eligible students, who qualify under division (A) of section 3310.03 of the Revised Code. If the number of students described in this division who apply for a scholarship exceeds the number of available scholarships after awards are made under division (A) of this section, the department shall select students described in this division by lot to receive any remaining scholarships.
(C) Third, to other eligible students who qualify under division (A) of section 3310.03 of the Revised Code. If the number of students described in this division who apply for a scholarship exceeds the number of available scholarships after awards are made under divisions (A) and (B) of this section, the department shall select students described in this division by lot to receive any remaining scholarships. Sec. 3310.03. (A) A student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code and the student satisfies both one of the following conditions: (1) The student either:
(a) Is is enrolled in a school building that is operated by the student's resident district and that the department of education to which both of the following apply:
(a) The building was declared, in at least two of the three most recent rating ratings of school buildings published prior to the first day of July of the school year for which a scholarship is sought and in the two preceding school years, to be in a state of academic emergency or academic watch under section 3302.03 of the Revised Code;
(b) Is The building was not declared to be excellent or effective under that section in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought. (2) The student is eligible to enroll in kindergarten in the school year for which a scholarship is sought and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1)(a) of this section;
(c) Is.
(3) The student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1)(a) of this section; (d) Is.
(4) The student is enrolled in a school building that is operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1) of this section in the school year for which the scholarship is sought. (5) The student is eligible to enroll in kindergarten in the school year for which a scholarship is sought, or is enrolled in a community school established under Chapter 3314. of the Revised Code, and all of the following apply to the student's resident district both: (i) Has (a) The district has in force an intradistrict open enrollment policy under which no student in kindergarten or the community school student's grade level, respectively, is automatically assigned to a particular school building;
(ii)(b) In at least two of the three most recent rating ratings of school districts published prior to the first day of July of the school year for which a scholarship is sought and in the preceding two school years, the district was declared to be in a state of academic emergency under section 3302.03 of the Revised Code;
(c) The district was not declared to be excellent or effective under that section in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought. (2) The student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code.
(B) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply: (1) The student's resident district remains the same, or the student transfers to a new resident district and otherwise would be assigned in the new resident district to a school building described in division (A)(1) of this section; (2) The student takes each state test prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than twenty days that the school is open for instruction, not including excused absences due to illness or injury confirmed in writing by a physician.
(C) The superintendent department shall cease awarding first-time scholarships pursuant to divisions (A)(1) to (4) of this section with respect to a school building that, in the most recent ratings of school buildings published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to be in a state of academic emergency or academic watch meet the criteria in division (A)(1) of this section. The department shall cease awarding first-time scholarships pursuant to division (A)(5) of this section with respect to a school district that, in the most recent ratings of school districts published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (A)(5) of this section. However, students who have received scholarships in the prior school year remain eligible students pursuant to division (B) of this section.
(D) The state board of education shall adopt rules defining excused absences for purposes of division (B)(3) of this section.
Sec. 3310.16 3310.17. (A) The state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for the administration of the educational choice scholarship pilot program.
(B) The state board and the department of education shall not require chartered nonpublic schools to comply with any education laws or rules or other requirements that are not specified in sections 3310.01 to 3310.17 of the Revised Code or in rules necessary for the administration of the program, adopted under division (A) of this section, and that otherwise would not apply to a chartered nonpublic school. Sec. 3312.01. (A) The educational regional service system is hereby established. The system shall support state and regional education initiatives and efforts to improve school effectiveness and student achievement. Services, including special education and related services, shall be provided under the system to school districts, community schools established under Chapter 3314. of the Revised Code, and chartered nonpublic schools. It is the intent of the general assembly that the educational regional service system reduce the unnecessary duplication of programs and services and provide for a more streamlined and efficient delivery of educational services without reducing the availability of the services needed by school districts and schools.
(B) The educational regional service system shall consist of the following:
(1) The state regional alliance advisory board established under section 3312.11 of the Revised Code;
(2) The advisory councils and subcommittees established under sections 3312.03 and 3312.05 of the Revised Code;
(3) A fiscal agent for each of the regions as configured under section 3312.02 of the Revised Code;
(4) Educational service centers, data acquisition sites information technology centers established under section 3301.075 of the Revised Code, and other regional education service providers.
(C) Educational service centers shall provide the services that they are specifically required to provide by the Revised Code and may enter into agreements pursuant to section 3313.843, 3313.844, or 3313.845 of the Revised Code for the provision of other services, which may include any of the following:
(1) Assistance in improving student performance;
(2) Services to enable a school district or school to operate more efficiently or economically;
(3) Professional development for teachers or administrators;
(4) Assistance in the recruitment and retention of teachers and administrators;
(5) Any other educational, administrative, or operational services.
In addition to implementing state and regional education initiatives and school improvement efforts under the educational regional service system, educational service centers shall implement state or federally funded initiatives assigned to the service centers by the general assembly or the department of education. Any educational service center selected to be a fiscal agent for its region pursuant to section 3312.07 of the Revised Code shall continue to operate as an educational service center for the part of the region that comprises its territory. (D) Data acquisition sites Information technology centers may enter into agreements for the provision of services pursuant to section 3312.10 of the Revised Code.
(E) No school district, community school, or chartered nonpublic school shall be required to purchase services from an educational service center or data acquisition site information technology center in the region in which the district or school is located, except that a local school district shall receive any services required by the Revised Code to be provided by an educational service center to the local school districts in its territory from the educational service center in whose territory the district is located. Sec. 3312.02. (A) There shall be the following sixteen regions in the educational regional service system:
(1) Region one shall consist of the territory contained in Defiance, Fulton, Hancock, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, and Wood counties.
(2) Region two shall consist of the territory contained in Erie, Huron, and Lorain counties.
(3) Region three shall consist of the territory contained in Cuyahoga county.
(4) Region four shall consist of the territory contained in Geauga and Lake counties.
(5) Region five shall consist of the territory contained in Ashtabula, Mahoning, and Trumbull counties.
(6) Region six shall consist of the territory contained in Allen, Auglaize, Champaign, Hardin, Logan, Mercer, and Shelby counties.
(7) Region seven shall consist of the territory contained in Ashland, Crawford, Knox, Marion, Morrow, Richland, and Wyandot counties.
(8) Region eight shall consist of the territory contained in Medina, Portage, and Summit counties. (9) Region nine shall consist of the territory contained in Columbiana, Stark, and Wayne counties.
(10) Region ten shall consist of the territory contained in Clark, Darke, Greene, Miami, Montgomery, and Preble counties.
(11) Region eleven shall consist of the territory contained in Delaware, Fairfield, Franklin, Licking, Madison, Pickaway, and Union counties.
(12) Region twelve shall consist of the territory contained in Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, Noble, and Tuscarawas counties.
(13) Region thirteen shall consist of the territory contained in Butler, Clermont, Hamilton, and Warren counties.
(14) Region fourteen shall consist of the territory contained in Adams, Brown, Clinton, Fayette, and Highland counties.
(15) Region fifteen shall consist of the territory contained in Lawrence, Pike, Ross, and Scioto counties.
(16) Region sixteen shall consist of the territory contained in Athens, Gallia, Hocking, Jackson, Meigs, Monroe, Morgan, Perry, Vinton, and Washington counties.
(B) If an educational service center has territory in more than one region as designated under this section, the service center and each local school district located in the service center's territory shall be considered to be part of the region in which the majority of the service center's territory is located and shall not be considered to be part of any other region. If a city or exempted village school district has territory in more than one region as designated under this section, the district shall be considered to be part of the region in which the majority of the district's territory is located and shall not be considered to be part of any other region. (C) Not later than July 1, 2007, the state board of education shall adopt rules establishing a process whereby a school district may elect to transfer to a region other than the region to which the district is assigned by this section. The state board shall consult with school districts and regional service providers in developing the process. No school district shall be permitted to transfer to a different region under this division after June 30, 2009.
Sec. 3312.03. (A) Each region of the educational regional service system shall have an advisory council. Except as provided in division (F) of this section, each advisory council shall consist of the following members and the members appointed under division (B) of this section:
(1) The superintendent of each educational service center that has territory in the region;
(2) The director of the special education regional resource center in the region;
(3) The superintendent of the school district in the region with the smallest student population;
(4) The superintendent of the school district in the region with the largest student population;
(5) The director, or the director's designee, of each data acquisition site located information technology center providing services in the region;
(6) One representative of a four-year institution of higher education located in the region, or in an adjacent region if there is no such institution, appointed by the Ohio board of regents;
(7) One representative of a two-year institution of higher education located in the region, or in an adjacent region if there is no such institution, appointed by the Ohio association of community colleges; (8) The treasurer of the fiscal agent for the region.
(B) The members of the advisory council listed in division (A) of this section, upon a majority vote, shall appoint the following members to serve on the council:
(1) One member of the board of education of a city school district in the region;
(2) One member of the board of education of an exempted village school district in the region;
(3) One member of the board of education of a local school district in the region;
(4) One member of the governing board of an educational service center in the region;
(5) One superintendent of a city, exempted village, or local school district in the region;
(6) One superintendent of a joint vocational school district in the region;
(7) One representative of business;
(8) One employee of each education technology center that provides services in the region; (9) One classroom teacher.
(C) Each advisory council annually shall elect a chairperson and vice-chairperson from among its members.
(D) For two years after its initial meeting, each advisory council shall hold regular meetings at least four times each year to conduct council business and may hold other meetings at the call of the chairperson. Subsequently, all meetings shall be called by the chairperson.
(E) Advisory council members shall receive no compensation for their services.
(F) Any advisory council may increase its membership beyond the members required by divisions (A) and (B) of this section by adopting a resolution specifying the number of additional members, their manner of appointment, and any eligibility criteria for appointment. Sec. 3312.04. The advisory council of each region of the educational regional service system shall do all of the following:
(A) Identify regional needs and priorities for educational services to inform the department of education in the development of the performance contracts entered into by the fiscal agent of the region under section 3312.08 of the Revised Code;
(B) Develop policies to coordinate the delivery of services to school districts, community schools, and chartered nonpublic schools in a manner that responds to regional needs and priorities. Such policies shall not supersede any requirement of a performance contract entered into by the fiscal agent of the region under section 3312.08 of the Revised Code.
(C) Make recommendations to the fiscal agent for the region regarding the expenditure of funds available to the region for implementation of state and regional education initiatives and school improvement efforts;
(D) Monitor implementation of state and regional education initiatives and school improvement efforts by educational service centers, data acquisition sites information technology centers, and other regional service providers to ensure that the terms of the performance contracts entered into by the fiscal agent for the region under section 3312.08 of the Revised Code are being met; (E) Establish an accountability system to evaluate the advisory council on its performance of the duties described in divisions (A) to (D) of this section. Sec. 3312.05. (A) The advisory council of each region of the educational regional service system shall establish the following specialized subcommittees of the council:
(1) A school improvement subcommittee, which shall include one classroom teacher appointed jointly by the Ohio education association and the Ohio federation of teachers and representatives of community schools and education personnel with expertise in the area of school improvement;
(2) An education technology subcommittee, which shall include classroom teachers or curriculum coordinators, parents, elementary and secondary school principals, representatives of chartered nonpublic schools, representatives of data acquisition sites information technology centers, representatives of business, and representatives of two-year and four-year institutions of higher education;
(3) A professional development subcommittee, which shall include classroom teachers, principals, school district superintendents, curriculum coordinators, representatives of chartered nonpublic schools, and representatives of two-year and four-year institutions of higher education;
(4) A special education subcommittee, which shall consist of one classroom teacher appointed jointly by the Ohio education association and the Ohio federation of teachers and the members of the governing board of the special education regional resource center in the region;
(5) A data acquisition site An information technology center subcommittee, which shall consist of one classroom teacher appointed jointly by the Ohio education association and the Ohio federation of teachers and the members of the governing authority of each data acquisition site located in the region; the administrator, or the administrator's designee, of each information technology center providing services in the region; and two school district administrators appointed by each information technology center providing services in the region.
(B) The advisory council shall appoint persons who reside or practice their occupations in the region to serve on the subcommittees established under divisions (A)(1) to (3) of this section. If the advisory council is unable to appoint such a person to a subcommittee, the council shall appoint a similarly situated person from an adjacent region.
(C) An advisory council may establish additional subcommittees as needed to address topics of interest to the council. Members of any additional subcommittee shall be appointed by the advisory council and shall include a diverse range of classroom teachers and other education personnel with expertise in the topic addressed by the subcommittee and representatives of individuals or groups with an interest in the topic.
(D) Any member of an advisory council may participate in the deliberations of any subcommittee established by the council. Sec. 3312.08. Each fiscal agent selected by the department of education pursuant to section 3312.07 of the Revised Code shall do all of the following:
(A) Enter into performance contracts with the department in accordance with section 3312.09 of the Revised Code for the implementation of state and regional education initiatives and school improvement efforts;
(B) Receive federal and state funds, including federal funds for the provision of special education and related services, as specified in the performance contracts, and disburse those funds as specified in the performance contracts to educational service centers, data acquisition sites information technology centers, and other regional service providers. However, any funds owed to an educational service center under section 3317.11 of the Revised Code shall be paid directly to the service center by the department in accordance with that section and any operating funds appropriated for a data acquisition site an information technology center shall be paid directly to the data acquisition site information technology center by the department pursuant to section 3301.075 of the Revised Code.
(C) Implement any expenditure of funds recommended by the advisory council for the region pursuant to section 3312.04 of the Revised Code or required by the terms of any performance contract, unless there are insufficient funds available to the region to pay for the expenditure or the expenditure violates a provision of the Revised Code, a rule of the state board of education regarding such expenditure, or the terms of a performance contract;
(D) Exercise fiscal oversight of the implementation of state and regional education initiatives and school improvement efforts. Sec. 3312.09. (A) Each performance contract entered into by the department of education and the fiscal agent of a region for implementation of a state or regional education initiative or school improvement effort shall include the following:
(1) An explanation of how the regional needs and priorities for educational services have been identified by the advisory council of the region, the advisory council's subcommittees, and the department; (2) A definition of the services to be provided to school districts, community schools, and chartered nonpublic schools in the region, including any services provided pursuant to division (A) of section 3302.04 of the Revised Code;
(2)(3) Expected outcomes from the provision of the services defined in the contract;
(3)(4) The method the department will use to evaluate whether the expected outcomes have been achieved;
(4)(5) A requirement that the fiscal agent develop and implement a corrective action plan if the results of the evaluation are unsatisfactory;
(5)(6) Data reporting requirements;
(6)(7) The aggregate fees to be charged by the fiscal agent and any entity with which it subcontracts to cover personnel and program costs associated with administering the contract, which fees shall be subject to controlling board approval if in excess of four per cent of the value of the contract;
(7)(8) A requirement that a member of the advisory council in the region be a member of the state regional alliance advisory board established under section 3312.11 of the Revised Code.
(B) Upon completion of each evaluation described in a performance contract, the department shall post the results of that evaluation on its web site. Sec. 3312.10. The board of education of a city, exempted village, or local school district or the governing authority of a community school may enter into an agreement, through the adoption of identical resolutions, with the governing authority of a data acquisition site an information technology center, under which the data acquisition site information technology center will provide services to the school district or community school. Services provided under the agreement and the amount to be paid for such services shall be mutually agreed to by the parties to the agreement, and shall be specified in the agreement. Payment for services specified in the agreement shall be the sole responsibility of the board of education or community school governing authority and shall be made directly to the data acquisition site information technology center providing the services. Sec. 3312.11. (A) The state regional alliance advisory board is hereby created. The board shall consist of the following members:
(1) One member of the advisory council of each region of the educational regional service system, appointed by the council;
(2) One member of the state board of education, appointed by the state board;
(3) One representative of four-year institutions of higher education, appointed by the Ohio board of regents;
(4) One representative of two-year institutions of higher education, appointed by the Ohio association of community colleges;
(5) One representative of the department of education, appointed by the superintendent of public instruction;
(6) One representative of the governor, appointed by the governor;
(7) One classroom teacher, appointed jointly by the Ohio education association and the Ohio federation of teachers;
(8) One parent, appointed by the Ohio parent teacher association;
(9) One representative of business, appointed by the Ohio chamber of commerce; (10) One representative of the buckeye association of school administrators, appointed by the association; (11) One representative of the Ohio educational service center association, appointed by the association;
(12) One representative of the Ohio school boards association, appointed by the association;
(13) One school administrator, appointed jointly by the Ohio association of elementary school administrators and the Ohio association of secondary school administrators;
(14) One representative of the Ohio association of school business officials, appointed by the association.
The superintendent of public instruction and the chairpersons and ranking minority members of the education committees of the senate and house of representatives, or their designees, shall be ex officio, nonvoting members of the board.
(B) All appointed members of the board shall serve at the pleasure of their appointing authorities.
(C) Members shall receive no compensation for their services.
(D) The superintendent of public instruction, or the superintendent's designee, shall be the chairperson of the board. For two years after its initial meeting, the board shall hold regular meetings at least monthly meet at least four times each year to conduct board business and may hold other meetings at the call of the chairperson. Subsequently, meetings shall be held at the call of the chairperson or at the request of at least one-third of the board's members.
Sec. 3312.13. The department of education shall consider the unique needs and circumstances following when entering into performance contracts with the fiscal agent of each region of the educational regional service system and when allocating funds for the implementation of statewide education initiatives by regional service providers; (A) The unique needs and circumstances of the region; (B) The regional needs and priorities for educational services identified by the advisory council for the region; (C) Any services that will be provided to school districts and schools within the region pursuant to division (A) of section 3302.04 of the Revised Code.
Sec. 3313.41. (A) Except as provided in divisions (C),
(D),
(F), and (G) of this section, when a board of education
decides to
dispose of real or personal property that it owns in
its corporate
capacity and that exceeds in value ten thousand
dollars, it
shall
sell the property at public auction, after
giving at least
thirty
days' notice of the auction by publication
in a newspaper
of
general circulation or by posting notices in
five of the most
public places in the school district in which the
property, if it
is real property, is situated, or, if it is
personal property, in
the school district of the board of
education that owns the
property. The board may offer real
property for sale as an
entire
tract or in parcels. (B) When the board of education has offered real or
personal
property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold,
the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots. (C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the
Revised Code, township park district, board of park
commissioners
established under Chapter 755. of the Revised Code,
or park
district established under Chapter 1545. of the Revised
Code; to
a wholly or partially tax-supported university,
university
branch, or college; or to the board of
trustees of a
school district library, upon such terms as are
agreed upon. The
sale of real or personal property to the board
of trustees of a
school district library is limited, in the case
of real property,
to a school district library within whose
boundaries the real
property is situated, or, in the case of
personal property, to a
school district library whose boundaries
lie in whole or in part
within the school district of the selling
board of education. (D) When a board of education decides to trade as a part
or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade. (E) The president and the treasurer of the board of
education shall execute and deliver deeds or other necessary
instruments of conveyance to complete any sale or trade under
this
section. (F) When a board of education has identified a parcel of
real
property that it determines is needed for school purposes,
the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the
identified real property. Any exchange or acquisition made
pursuant to this
division shall be made by a conveyance executed
by the president and the
treasurer of the board.
(G)(1) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of that property under divisions (A) to (F)
of this section, it shall first offer that property for sale to
the governing authorities of the start-up community schools
established under Chapter 3314. of the Revised Code located
within the territory of the school district, at a price that is
not higher than the appraised fair
market value of that property.
If more than one community school
governing authority accepts the
offer made by the school district
board,
the board shall sell the
property to the governing authority that accepted the offer first
in time. If no
community school governing authority accepts
the
offer within sixty days after the offer is made by the school
district board, the board may dispose of the property in the
applicable manner prescribed under divisions (A) to (F) of this
section.
(2) When a school district board of education has not used real property suitable for classroom space for academic instruction, administration, storage, or any other educational purpose for one full school year and has not adopted a resolution outlining a plan for using that property for any of those purposes within the next three school years, it shall offer that property for sale to the governing authorities of the start-up community schools established under Chapter 3314. of the Revised Code located within the territory of the school district, at a price that is not higher than the appraised fair market value of that property. If more than one community school governing authority accepts the offer made by the school district board, the board shall sell the property to the governing authority that accepted the offer first in time. (H) When a school district board of education has property that the board, by resolution, finds is not needed for school district use, is obsolete, or is unfit for the use for which it was acquired, the board may donate that property in accordance with this division if the fair market value of the property is, in the opinion of the board, two thousand five hundred dollars or less.
The property may be donated to an eligible nonprofit organization that is located in this state and is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use school district property
available to these organizations. The resolution shall include
guidelines and procedures the board considers to be necessary to
implement the donation program and shall indicate whether the
school district will conduct the donation program or the board will
contract with a representative to conduct it. If a representative
is known when the resolution is adopted, the resolution shall
provide contact information such as the representative's name,
address, and telephone number. The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization that is located in this state and is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of the organization's primary purpose; a
description of the type or types of property the organization
needs; and the name, address, and telephone number of a person
designated by the organization's governing board to receive
donated property and to serve as its agent. After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district, notice of its
intent to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published at least twice. The second and any
subsequent notice shall be published not less than ten nor more
than twenty days after the previous notice. A similar notice also
shall be posted continually in the board's office, and, if the
school district maintains a web site on the internet, the notice shall be
posted continually at that web site. The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in this section and in
the donation program's guidelines and procedures, to receive
donated property. The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded, obsolete, or
unfit for use and to be available for donation under this
division. The list shall be posted continually in a conspicuous
location in the board's office, and, if the school district maintains a
web site on the internet, the list shall be posted continually at
that web site. An item of property on the list shall be donated
to the eligible nonprofit organization that first declares to the
board or its representative its desire to obtain the item unless
the board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis that the purposes of a nonprofit organization have a direct
relationship to specific school district purposes of programs provided or
administered by the board. A resolution giving priority to
certain nonprofit organizations with respect to the donation of an
item of property shall specify the reasons why the organizations
are given that priority. Members of the board shall consult with the Ohio ethics commission, and comply with Chapters 102. and 2921. of the Revised Code, with respect to any donation under this division to a nonprofit organization of which a board member, any member of a board member's family, or any business associate of a board member is a trustee, officer, board member, or employee.
Sec. 3313.472. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall adopt a policy on parental involvement in the schools of
the district. The policy shall be designed to build consistent
and effective communication between the parents and foster caregivers
of students
enrolled in the district and the teachers and administrators
assigned to the schools their children or foster children attend. The
policy shall
provide the opportunity for parents and foster caregivers to be
actively involved in
their children's or foster children's education and to be informed of
the following: (A)(1) The importance of the involvement of parents and foster caregivers
in
directly affecting the success of their children's or foster
children's educational
efforts;
(B)(2) How and when to assist their children or foster children in and
support
their children's or foster children's classroom learning activities;
(C)(3) Techniques, strategies, and skills to use at home to
improve their children's or foster children's academic success and to
support their
children's or foster children's academic efforts at school and their
children's or foster children's
development as future responsible adult members of society.
(B) The state board of education shall adopt recommendations for the development of parental involvement policies under this section. Prior to adopting the recommendations, the state board shall consult with the national center for parents at the university of Toledo.
Sec. 3313.536. (A) The board of education of each city,
exempted
village, and local school district and the governing authority of each chartered nonpublic school shall adopt a
comprehensive
school safety plan for each school building under
the board's or governing authority's
control. The board or governing authority shall examine the environmental
conditions and
operations of each building to determine
potential hazards to
student and staff safety and shall propose
operating changes to
promote the prevention of potentially
dangerous problems and
circumstances. In developing the plan
for each building, the
board or governing authority shall involve
community law enforcement and safety
officials, parents of
students who are assigned to the building,
and teachers and
nonteaching employees who are assigned to the
building.
The board or governing authority shall consider
incorporating remediation
strategies into the plan for any
building where documented safety
problems have occurred.
The board or governing authority shall incorporate into the plan both of the
following: (1) A protocol for
addressing serious threats to the safety
of school property,
students, employees, or administrators; (2) A protocol for
responding to any emergency events that
do occur and that
compromise the safety of school property,
students, employees, or
administrators. Each protocol shall include procedures deemed appropriate
by
the board or governing authority for responding to threats and emergency events,
respectively, including such things as notification of
appropriate
law enforcement personnel, calling upon specified
emergency
response personnel for assistance, and informing
parents of
affected students.
(B) The board or governing authority shall update the safety plan at least once every three years and whenever a major modification to the building requires changes in the procedures outlined in the plan. (C) The board or governing authority shall file a copy of the current safety plan and building blueprint with each of the following: (1) Each law enforcement agency that has jurisdiction over the school building;
(2) Upon and, upon request, the fire department that serves the political subdivision in which the school building is located;
(3). The board or governing authority also shall file a copy of the current safety plan and a floor plan of the building, but not a building blueprint, with the attorney general, who shall post that information on the Ohio law enforcement gateway or its successor.
Copies of safety plans, building blueprints, and floor plans shall be filed as described in this division not later than the ninety-first day after the effective date of this amendment. If a board or governing authority revises a safety plan, building blueprint, or floor plan after the initial filing, the board or governing authority shall file copies of the revised safety plan, building blueprint, or floor plan in the manner described in this division not later than the ninety-first day after the revision is adopted. Copies of the safety plan and building blueprint are not a public record pursuant to section 149.433 of the Revised Code. Notwithstanding section 149.433 of the Revised Code, a building floor plan filed with the attorney general pursuant to this division is not a public record to the extent it is a record kept by the attorney general. This paragraph does not affect the status of a floor plan kept as a record by another public office. The board or governing authority, each law enforcement agency and fire department to which copies of the safety plan and building blueprint are provided, and the attorney general shall keep the copies in a secure place.
(D) The board or governing authority shall grant access to each school building under its control to law enforcement personnel to enable the personnel to hold training sessions for responding to threats and emergency events affecting the building, provided that the access occurs outside of student instructional hours and an employee of the board or governing authority is present in the building during the training sessions. Sec. 3314.014. As used in this section chapter, "operator" means an organization that manages the daily operations of a community school pursuant to a contract between the operator and the school's governing authority.
(A)(1) Notwithstanding the limit prescribed by division (A)(4) of section 3314.013 of the Revised Code, a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5) of section 3314.013 of the Revised Code, a conversion school that is an internet- or computer-based community school or a start-up school sponsored by the school district in which the school is or is proposed to be located may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B) of this section. However, a conversion school that is an internet- or computer-based community school may be established after that date only if the prohibition prescribed by division (A)(6) of section 3314.013 of the Revised Code is no longer in effect.
(B) An operator may enter into contracts with the governing authorities of community schools established after the date the limit prescribed by division (A)(4) or (5) of section 3314.013 of the Revised Code, as applicable, is reached, provided the total number of schools for which the operator enters into such contracts, excluding conversion schools that are not internet- or computer-based community schools, does not exceed the number of community schools managed by the operator on the applicable date that are rated excellent, effective, or in need of continuous improvement pursuant to section 3302.03 of the Revised Code.
(C) Notwithstanding the limit prescribed by division (A)(4) of section 3314.013 of the Revised Code, after the date the limit prescribed in that division is reached, the governing authority of a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may establish one additional school serving the same grade levels and providing the same educational program as the current start-up school and may open that additional school in the 2006-2007 school year, if both of the following conditions are met: (1) The governing authority entered into another contract with the same sponsor or a different sponsor described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code and filed a copy of that contract with the superintendent of public instruction prior to March 15, 2006. (2) The governing authority's current school satisfies all of the following conditions:
(a) The school currently is rated as excellent or effective pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in section 3302.01 of the Revised Code, for the previous school year. (c) The school has been in operation for at least four school years.
(d) The school is not managed by an operator.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials; (2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No entity listed in division (C)(1) of section
3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. The rules also shall require entities approved as sponsors on and after the effective date of this amendment June 30, 2005 to demonstrate a record of financial responsibility and successful implementation of educational programs. If an entity seeking approval on or after the effective date of this amendment June 30, 2005, to sponsor community schools in this state sponsors or operates schools in another state, at least one of the schools sponsored or operated by the entity must be comparable to or better than the performance of Ohio schools in a state of academic watch under section 3302.03 of the Revised Code, as determined by the department. An entity that sponsors community schools may
enter into preliminary agreements and sponsor schools as follows, provided each school and the contract for
sponsorship meets the requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were open for operation as of May 1, 2005, may sponsor not more than fifty schools.
(b) An entity that sponsored more than fifty but not more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005. After June 30, 2006, such an entity may sponsor not more than seventy-five schools.
Upon approval of an entity to be a sponsor under this division, the department shall notify the entity of the number of schools the entity may sponsor. The limit imposed on an entity to which division (B)(1)(b) or (c) of this section applies shall be decreased by one for each school sponsored by the entity that permanently closes until the number of schools sponsored by the entity is fifty. If at any time an entity exceeds the number of schools it may sponsor under this division, the department shall assist the schools in excess of the entity's limit in securing new sponsors. If a school is unable to secure a new sponsor, the department shall assume sponsorship of the school in accordance with division (C) of this section. Those schools for which another sponsor or the department assumes sponsorship shall be the schools that most recently entered into contracts with the entity under section 3314.03 of the Revised Code. (2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final. (3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final. (C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board or designee has confirmed the original finding, the
department of education may revoke the sponsor's approval to
sponsor
community schools and may assume the sponsorship of any
schools
with which the sponsor has contracted until the earlier of
the
expiration of two school years or until a new sponsor as
described
in division (C)(1) of section 3314.02 of the Revised
Code is
secured by the school's governing authority. The
department may
extend the term of the contract in the case of a
school for which
it has assumed sponsorship under this division as
necessary to
accommodate the term of the department's
authorization to sponsor
the school specified in this division. (D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code. (E) The department shall adopt procedures for use by a community school governing authority and sponsor when the school permanently closes and ceases operation, which shall include at least procedures for data reporting to the department, handling of student records, distribution of assets in accordance with section 3314.074 of the Revised Code, and other matters related to ceasing operation of the school. (F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.02. (A) As used in this chapter: (1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section. (2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly. (3)
"Challenged school district"
means any of the following: (a) A school district that is part of the pilot project
area; (b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code; (c) A big eight school district. (4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following: (a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code; (b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code. (5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code. (6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities. (B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section. (C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities: (a) The board of education of the
district in which the
school is proposed to be
located; (b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located; (c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory; (d) The
governing
board of
any educational service
center;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in section
3345.011 of the Revised Code
or the board of
trustees itself
as
long as a mission of the proposed school to be specified in the
contract under division (A)(2) of section 3314.03 of the Revised
Code and as approved by the department of education under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3) of the Internal Revenue Code as long as all of the
following conditions are satisfied:
(i) The entity has been in operation for at least five
years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a demonstrated record of successful implementation of educational programs. (iv) The entity is not a community school.
Any entity
described in division (C)(1) of this
section may enter
into a
preliminary agreement
pursuant
to
division (C)(2) of this
section with the proposing
person or
group. (2) A preliminary agreement indicates the
intention of
an entity described in division (C)(1)
of this section
to
sponsor the community school. A proposing person or
group that
has such a preliminary agreement may proceed to
finalize plans for
the school, establish a governing authority
as described in
division (E) of this section
for the school, and
negotiate a
contract with the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in accordance with section
3314.03 of the
Revised
Code. (3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction. (D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school. Beginning September 29, 2005, adoption of the contract shall occur not later than the fifteenth day of March, and signing of the contract shall occur not later than the fifteenth day of May, prior to the school year in which the school will open. The governing authority shall notify the department of education when the contract has been signed. Subject to sections 3314.013 and 3314.014 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter. (E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws. Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
who are not owners or employees, or immediate relatives of owners
or employees, of any for-profit firm that
operates or
manages a
school for the governing authority.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed.
(2) No person shall serve on the governing authorities of more than two start-up community schools at the same time. (3) No present or former member, or immediate relative of a present or former member, of the governing authority of any community school established under this chapter shall be an owner, employee, or consultant of any nonprofit or for-profit operator of a community school, as defined in section 3314.014 of the Revised Code, unless at least one year has elapsed since the conclusion of the person's membership. (F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract. (G)(1) A new start-up school that is established prior to August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after that date and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after that date, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after that date.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that is not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed, but no additional start-up community school may be established in that district unless the district is a challenged school district. Sec. 3314.025. The governing authority of a start-up community school may provide by resolution for the compensation of each of its members in an amount up to one hundred twenty-five dollars for each meeting of the governing authority that the member attends. However, no individual shall be compensated more than one hundred twenty-five dollars in any month by each governing authority of which the individual is a member.
Except in the case of a community school that has contracted with an operator, as defined in section 3314.014 of the Revised Code, the compensation for governing authority members shall be paid by the school's fiscal officer from the operating funds held in the treasury of the school. In the case of a community school that has contracted with an operator, the compensation for governing authority members shall be paid by the operator from funds paid to the operator by the school. If an individual is a member of the governing authority of more than one start-up community school and those governing authorities convene their meetings at the same place on the same day, that individual shall receive as compensation for all of those meetings combined not more than the highest amount per-member per-meeting specified by the governing authorities of those schools. The amount paid to that individual for that day shall be divided evenly among the start-up community schools for which that individual is a governing authority member, and for which the governing authorities have specified compensation for their members in accordance with this section. Sec. 3314.026. If the governing authority of a community school intends to terminate its contract with the school's operator prior to expiration or intends not to renew that contract upon expiration, the governing authority shall notify the operator of that intent. The operator may appeal the contract termination or nonrenewal to the school's sponsor, if the sponsor has sponsored the school for at least twelve months, or to the state board of education, if the sponsor has sponsored the school for less than twelve months. Upon appeal, the sponsor or state board shall determine whether the operator should continue to manage the school. In making its determination, the sponsor or state board shall consider whether the operator has managed the school in compliance with all applicable laws and terms of the contract between the sponsor and the governing authority entered into under section 3314.03 of the Revised Code and whether the school's progress in meeting the academic goals prescribed in that contract has been satisfactory. The sponsor or state board shall notify the governing authority and operator of its determination. If the sponsor or state board determines that the operator should continue to manage the school, the sponsor shall remove the existing governing authority and the operator shall appoint a new governing authority for the school. The new governing authority shall assume responsibility for the school immediately and shall exercise all functions assigned to it by the Revised Code or rule in the same manner as any other community school governing authority.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction. (A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following: (1) That the school shall
be established as
either of the
following: (a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003; (b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(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
achievement
tests; (4) Performance standards by which the success of the
school
will be evaluated by the sponsor. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division.; (5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code; (6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student. (7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves; (8) Requirements
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 facilities to be used and
their locations; (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, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.472, 3313.50, 3313.536,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.313, 3319.314, 3319.315, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code; (e) The school shall comply with Chapter 102. and section 2921.42 of
the
Revised Code; (f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code 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
within four months after the end of each school year a
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 and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district. (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. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section. (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 the subsidy 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; (19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following: (a) Prohibit the enrollment of students who reside outside
the
district in which the school is located; (b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located; (c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code; (21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following: (a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations; (b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code; (24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (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.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state. (D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. (F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.051. (A) When the governing authority of a community school that acquired real property from a school district pursuant to division (G)(2) of section 3313.41 of the Revised Code decides to dispose of that property, it first shall offer that property for sale to the school district board of education from which it acquired the property, at a price that is not higher than the appraised fair market value of that property. If the district board does not accept the offer within sixty days after the offer is made, the community school may dispose of the property in another lawful manner.
(B) When a community school that acquired real property from a school district pursuant to division (G)(2) of section 3313.41 of the Revised Code permanently closes, in distributing the school's assets under section 3314.074 of the Revised Code, that property first shall be offered for sale to the school district board of education from which the community school acquired the property, at a price that is not higher than the appraised fair market value of that property. If the district board does not accept the offer within sixty days after the offer is made, the property may be disposed in another lawful manner. Sec. 3314.35. (A)(1) Except as provided in division (A)(2) of this section, this section applies to any community school that meets one of the following criteria after July 1, 2008:
(a) The school does not offer a grade level higher than three and has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for four consecutive school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for three consecutive school years.
(iii) For two of those school years, the school showed less than one standard year of academic growth in either reading or mathematics, as determined by the department of education in accordance with rules adopted under division (A) of section 3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for three consecutive school years.
(iii) For two of those school years, the school showed less than two standard years of academic growth in either reading or mathematics, as determined by the department in accordance with rules adopted under division (A) of section 3302.021 of the Revised Code.
(2) This section does not apply to any community school in which a majority of the students are enrolled in a dropout prevention and recovery program that is operated by the school and that has been granted a waiver under section 3314.36 of the Revised Code.
(B) Any community school to which this section applies shall permanently close at the conclusion of the school year in which the school first becomes subject to this section. The sponsor and governing authority of the school shall comply with all procedures for closing a community school adopted by the department under division (E) of section 3314.015 of the Revised Code. The governing authority of the school shall not enter into a contract with any other sponsor under section 3314.03 of the Revised Code after the school closes.
(C) Not later than July 1, 2008, the department shall determine the feasibility of using the value-added progress dimension, as defined in section 3302.01 of the Revised Code, as a factor in evaluating the academic performance of community schools described in division (A)(1)(c)(i) of this section. Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section, if the department determines that using the value-added progress dimension to evaluate community schools described in division (A)(1)(c)(i) of this section is not feasible, a community school described in that division shall be required to permanently close under this section only if it has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for four consecutive school years.
Sec. 3314.36. (A) Section 3314.35 of the Revised Code does not apply to any community school in which a majority of the students are enrolled in a dropout prevention and recovery program that is operated by the school and that has been granted a waiver by the department of education. The department shall grant a waiver to a dropout prevention and recovery program, within sixty days after the program applies for the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the applicable score designated for each of the tests prescribed under division (B) of section 3301.0710 of the Revised Code. (4) The program develops an individual career plan for the student that specifies the student's matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the student related to the plan developed under division (A)(4) of this section during the remainder of the student's high school experience.
(6) Prior to receiving the waiver, the program has submitted to the department an instructional plan that demonstrates how the academic content standards adopted by the state board of education under section 3301.079 of the Revised Code will be taught and assessed. If the department does not act either to grant the waiver or to reject the program application for the waiver within sixty days as required under this section, the waiver shall be considered to be granted. (B) Notwithstanding division (A) of this section, the department shall not grant a waiver to any community school that did not qualify for a waiver under this section when it initially began operations, unless the state board of education approves the waiver.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section. (A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state board, for the schools under the superintendent's supervision, the formula ADM for the first full week in February. If a school under the superintendent's supervision is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school. The formula ADM shall consist of the average daily membership during
such week of the
sum of the following: (1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination: (a) Students enrolled in adult education classes; (b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code; (d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code. (2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities: (a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school; (b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section; (c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code; (d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code; (e) An educational service
center or cooperative education
district; (f) Another school district
under a cooperative education
agreement, compact, or contract; (g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code. (3) Twenty per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact; (4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report submitted for the first full week in February, or the alternative week if specified by the superintendent of public instruction, the number of students reported under division (A)(1) or (2) of this section for the first full week of the preceding October but who since that week have received high school diplomas. (B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week for which formula ADM is certified: (1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision; (2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section; (3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are: (a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section; (b) Enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code; (c) Enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code; (d) Enrolled in a
community school
established under Chapter 3314.
of the Revised
Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school; (e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code; (g) Participating in a
program operated by a county MR/DD board
or a state
institution. (4) The number of pupils enrolled in joint vocational
schools; (5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code; (6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code; (7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code; (8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code; (9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code; (10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code; (11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section; (12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section; (13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education; (14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998; (b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code; (c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code; (d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code; (e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code; (f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code; (g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code. (C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section. (2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows: (a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM. (b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes. (4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district. (D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state superintendent the formula ADM for the first full week in February. If a school operated by the joint vocational school district is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school. The formula ADM, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district. Beginning in fiscal year 2007, in the case of the report submitted for the first week in February, or the alternative week if specified by the superintendent of public instruction, the superintendent of the joint vocational school district may include the number of students reported under division (D)(1) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section: (a) Students enrolled in adult education classes; (b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district; (d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code. (2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which formula ADM is certified: (a) Students enrolled in each grade included in the joint
vocational district schools; (b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code; (c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code; (d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code; (e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code; (f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code; (g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code; (h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code; (i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code. The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code. (E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following: (1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school; (2) Any pupil who is not a resident of the state; (3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) or (3) of that section; (4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge. If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership. Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil and a parent is not paying tuition for the pupil pursuant to section 3313.6410 of the Revised Code. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education. Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the formula ADM is being certified by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction. The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education. (F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. Division (F)(1) of this section does not apply after fiscal year 2006. (2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code. (3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October for which the formula ADM is being certified.
(4) If a student awarded an educational choice scholarship is not included in the formula ADM of the school district from which the department deducts funds for the scholarship under section 3310.08 of the Revised Code, the department shall adjust the formula ADM of that school district to include the student to the extent necessary to account for the deduction, and shall recalculate the school district's payments under this chapter for the entire fiscal year on the basis of that adjusted formula ADM. This requirement applies regardless of whether the student was enrolled, as defined in division (E) of this section, in the chartered nonpublic school, the school district, or a community school during the week for which the formula ADM is being certified. (G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the manner prescribed by the superintendent of public instruction, both of the following: (i) The average daily membership of all handicapped children other than handicapped preschool children receiving services at the institution for each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code; (ii) The average
daily
membership of all handicapped preschool children in classes or
programs
approved annually by the department of education for unit funding under section 3317.05 of the Revised Code. (b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction. (2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the Revised Code shall
do both of
the following: (a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes; (b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes. (3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day. (b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code. (H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education. (I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership. (2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership: (a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code; (b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school. (J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3319.291. (A) When any
person initially applies for
any certificate, license, or permit described in division (B) of
section 3301.071, in section 3301.074,
3319.088, 3319.29, 3319.302, or 3319.304, or in division (A) of section 3319.303 of the Revised Code, the The state board of
education shall require each of the person following persons, at the times prescribed by division (A) of this section, to submit with the application
two complete sets of fingerprints and written permission that
authorizes the superintendent of public instruction to forward
the fingerprints to the bureau of criminal identification and
investigation pursuant to division (F) of section 109.57 of the
Revised Code and that authorizes that bureau to forward the
fingerprints to the federal bureau of investigation for purposes
of obtaining any criminal records that the federal bureau
maintains on the person: (1) Any person initially applying for any certificate, license, or permit described in division (B) of section 3301.071, in section 3301.074, 3319.088, 3319.29, 3319.302, or 3319.304, or in division (A) of section 3319.303 of the Revised Code at the time that application is made;
(2) Any person applying for renewal of any certificate, license, or permit described in division (A)(1) of this section at the time that application is made;
(3) Any person who is teaching under a professional teaching certificate issued under former section 3319.22 or under section 3319.222 of the Revised Code upon a date prescribed by the state board that is not later than five years after the date that the certificate was issued or renewed;
(4) Any person who is teaching under a permanent teaching certificate issued under former section 3319.22 or under section 3319.222 of the Revised Code upon a date prescribed by the state board and every five years thereafter. (B) The Except as provided in division (C) of this section, prior to issuing or renewing any certificate, license, or permit described in division (A)(1) or (2) of this section and in the case of a person required to submit fingerprints and written permission under division (A)(3) or (4) of this section, the state board of education or the superintendent of
public instruction shall request the superintendent of the bureau
of criminal identification and investigation to investigate and determine whether the bureau has any
information, gathered pursuant to division (A) of section 109.57
of the Revised Code, pertaining to any person submitting
fingerprints and written permission under this section. If the person does not present proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the investigation described in this division is requested, or does not provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the person from the federal bureau of investigation, the state board or the superintendent of public instruction shall request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of
investigation has on the person. If the person presents proof that the person has been a resident of this state for that five-year period, the state board or the superintendent of public instruction may request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of investigation has on the person. (C) The state board or the superintendent of public instruction may choose not to request any information required by division (B) of this section if the person applying for the issuance or renewal of a certificate, license, or permit described in division (A)(1) or (2) of this section or the person required to submit fingerprints and written permission under division (A)(3) or (4) of this section provides proof that a criminal records check was conducted on the person as a condition of employment pursuant to section 3319.39 of the Revised Code within the immediately preceding year. The state board or the superintendent of public instruction may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by a person applying for the issuance or renewal of a certificate, license, or permit described in this section in lieu of requesting that information under division (B) of this section if the records were issued by the bureau within the immediately preceding year.
Sec. 3319.311. (A) The state board of education, or the
superintendent of public instruction on behalf of the board, may
investigate any information received about a person that
reasonably appears to be a basis for action under section 3319.31
of the Revised Code, including information received pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised Code. The board shall contract with the office of
the Ohio attorney general to conduct any investigation of that
nature. The board shall pay for the costs of the contract only from
moneys in the state board of education licensure
fund established under division (B) of section 3319.51 of the Revised Code.
All information received pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised Code, and all information obtained during an investigation is
confidential and is not a public record under section 149.43 of
the Revised Code. If an investigation is conducted under this division
regarding information received about a person and no action is taken
against the person under
this section or section 3319.31 of the Revised Code within two
years of the completion of the investigation, all records of the
investigation shall be expunged. (B) The superintendent of public instruction shall review
the results of each investigation of a person conducted under
division (A) of this section and shall determine, on behalf of
the state board, whether the results warrant initiating action
under section 3319.31 of the Revised Code. The superintendent
shall advise the board of such determination at a meeting of
the board. Within fourteen days of the next meeting of the board, any member
of the board may ask that the question of initiating
action under section 3319.31 of the Revised Code be placed on the
board's agenda for that next meeting. Prior to initiating that
action against any person, the person's name and any other
personally identifiable information shall remain confidential. (C) The board shall take no action against
a person under section 3319.31 of the Revised Code without providing the
person with written notice of the
charges and with an opportunity for a hearing in accordance with
Chapter 119. of the Revised Code. (D) For purposes of an investigation under division (A) of this section or a hearing under division (C) of this section,
the board, or the superintendent on behalf of the board, may
administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and the
production of books, accounts, papers, records, documents, and
testimony. The issuance of subpoenas under this division may be
by certified mail or personal delivery to the person. (E) The superintendent, on behalf of
the board, may enter into a consent agreement with a
person against whom action is being taken under section 3319.31
of the Revised Code. The board may adopt rules governing the
superintendent's action under this division. (F) The board automatically may suspend any
license without a prior hearing if the
license holder is convicted of or pleads guilty to
one or more of the following offenses or a violation of an ordinance of a
municipal
corporation or a law of another state that is substantially comparable to
one of the following offenses: aggravated murder; murder;
aggravated arson; aggravated robbery; aggravated burglary;
voluntary manslaughter; felonious assault; kidnapping; rape;
sexual battery; gross sexual imposition; or unlawful
sexual conduct with a
minor. A suspension under this division is effective on the
date of the conviction or guilty plea. For a suspension under this division, the board, in
accordance with section 119.07 of the Revised Code, shall
issue a written order of suspension to the license
holder by certified mail or in person and shall afford
the person a hearing upon request. If the person does not
request a hearing within the time limits established by that
section, the board shall enter a final order revoking the person's
license. An order of suspension under this
division is not subject to suspension by a court during
the pendency of an appeal filed under section 119.12 of the
Revised Code. An order of suspension under this division shall remain in
effect, unless reversed on appeal, until the final order of the
board, issued pursuant to this section and Chapter 119. of the
Revised Code, becomes effective. The board shall issue a final
order within sixty days of the date of an order of suspension
under this division or a hearing on an order of
suspension, whichever is
later. If the board fails to issue a final order by that deadline,
the order of suspension is dissolved. No dissolution
of an order of suspension under this division shall invalidate
a subsequent final order of the board. (G) No surrender of a license shall be effective
until
the board takes action to accept the surrender unless the
surrender is pursuant to a consent agreement entered into under
division (E) of this section.
Sec. 3319.313. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be as described in rules adopted by the state board of education.
(2) "License" has the same meaning as in section 3319.31 of the Revised Code.
(B) The board of education of each school district, the governing board of each educational service center, and the chief administrator of each chartered nonpublic school shall promptly submit to the superintendent of public instruction the information prescribed in division (C) of this section when any of the following conditions apply to an employee who holds a license issued by the state board of education:
(1) The board of education, governing board, or chief administrator knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, or has been convicted of an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code;
(2) The board of education, governing board, or chief administrator has initiated termination or nonrenewal proceedings against, has terminated, or has not renewed the contract of the employee because the board of education, governing board, or chief administrator has reasonably determined that the employee has committed an act that is unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code;
(3) The employee has resigned under threat of termination or nonrenewal as described in division (B)(2) of this section;
(4) The employee has resigned because of or in the course of an investigation by the board of education, governing board, or chief administrator regarding whether the employee has committed an act that is unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code.
(C) If a report is required under this section, the board of education, governing board, or chief administrator shall submit to the superintendent of public instruction the name and social security number of the employee about whom the information is required and a factual statement regarding any of the conditions prescribed in divisions (B)(1) to (4) of this section that apply to the employee.
(D) A determination made by the board of education, governing board, or chief administrator as described in division (B)(2) of this section or a termination, nonrenewal, resignation, or other separation described in divisions (B)(2) to (4) of this section does not create a presumption of the commission or lack of the commission by the employee of an act unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code.
Sec. 3319.314. The board of education of each school district, the governing board of each educational service center, and the chief administrator of each chartered nonpublic school shall require that the reports of any investigation by the board of education, governing board, or chief administrator of an employee regarding whether the employee has committed an act or offense for which the board of education, governing board, or chief administrator is required to make a report to the superintendent of public instruction under section 3319.313 of the Revised Code be kept in the employee's personnel file. If, after an investigation under division (A) of section 3319.311 of the Revised Code, the superintendent of public instruction determines that the results of that investigation do not warrant initiating action under section 3319.31 of the Revised Code, the board of education, governing board, or chief administrator shall require the reports of the board's or chief administrator's investigation to be moved from the employee's personnel file to a separate public file.
Sec. 3319.315. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of sections 3319.313 and 3319.314 of the Revised Code prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section. Sec. 3324.10. (A) Prior to June 30, 2006, the state board of education shall adopt a model student acceleration policy addressing recommendations in the department of education's 2005 study conducted under the gifted research and demonstration grant program. The policy shall address, but not be limited to, whole grade acceleration, subject area acceleration, and early high school graduation.
(B) The board of education of each city, local, and exempted village school district shall implement a student acceleration policy to take effect beginning in the 2006-2007 school year. The policy shall either be the model adopted by the state board under division (A) of this section or a policy covering similar issues that is adopted by the district board. If the district board does not adopt the state board's model, it shall submit its policy to the department for review and approval. The department, upon request, shall provide technical assistance to the district board in developing the policy.
Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the Revised Code:
(A) "Board of health" has the same meaning as in section 3717.01 of the Revised Code. (B) "Nonpublic school" means a chartered nonpublic school that meets the minimum education standards prescribed by the state board of education under section 3301.07 of the Revised Code. "Nonpublic school" includes facilities used for child care programs for preschool children operated by the school.
(C) "Public school" means either of the following:
(1) A school operated by a school district, educational service center, or board of mental retardation and developmental disabilities, including facilities used for child care programs for preschool children operated by the district, center, or board;
(2) A community school established under Chapter 3314. of the Revised Code, including a facility operated by an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, that is used as a classroom or laboratory for one or more students. "Public school" does not mean the residence of a student enrolled in an internet- or computer-based community school.
(D) "School" does not mean any of the following: (1) A child care program for preschool children that is licensed by the department of job and family services pursuant to Chapter 5104. of the Revised Code; (2) A child care program for preschool children that is not operated by a public or nonpublic school; (3) A chartered kindergarten that is associated with a freestanding preschool and that is not operated by a school district, educational service center, or county board of mental retardation and developmental disabilities. Sec. 5126.253. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be as described in rules adopted by the state board of education.
(2) "License" has the same meaning as in section 3319.31 of the Revised Code.
(B) Each county board of mental retardation and developmental disabilities shall promptly submit to the superintendent of public instruction the information prescribed in division (C) of this section when any of the following conditions apply to an employee who holds a license issued by the state board of education:
(1) The board knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, or has been convicted of an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code;
(2) The board has initiated termination or nonrenewal proceedings against, has terminated, or has not renewed the contract of the employee because the board has reasonably determined that the employee has committed an act unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code;
(3) The employee has resigned under threat of termination or nonrenewal as described in division (B)(2) of this section;
(4) The employee has resigned because of or in the course of an investigation by the board regarding whether the employee has committed an act unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code.
(C) If a report is required under this section, the board shall submit to the superintendent of public instruction the name and social security number of the employee about whom information is required and a factual statement regarding any of the conditions prescribed in divisions (B)(1) to (4) of this section that apply to the employee.
(D) A determination made by the board as described in division (B)(2) of this section or a termination, nonrenewal, resignation, or other separation described in divisions (B)(2) to (4) of this section does not create a presumption of the commission or lack of the commission by the employee of an act unbecoming to the teaching profession or an offense described in division (B)(2) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code.
Sec. 5126.254. Each county board of mental retardation and developmental disabilities shall require that the reports of any investigation by the board of an employee regarding whether the employee has committed an act or offense for which the board is required to make a report to the superintendent of public instruction under section 5126.253 of the Revised Code be kept in the employee's personnel file. If, after an investigation under division (A) of section 3319.311 of the Revised Code, the superintendent of public instruction determines that the results of that investigation do not warrant initiating action under section 3319.31 of the Revised Code, the board shall require the reports of the board's investigation to be moved from the employee's personnel file to a separate public file.
Sec. 5126.255. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of sections 5126.253 and 5126.254 of the Revised Code prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section. Sec. 5153.175. (A) Notwithstanding sections division (H)(1) of section 2151.421 and, section 5153.17, and any other section of the Revised Code pertaining to confidentiality, when a public children services agency has determined that child abuse or neglect occurred and that abuse or neglect involves a person who has applied for licensure or renewal of licensure as a type A family day-care home or certification or renewal of certification as a type B family day-care home, the agency shall promptly provide to the department of job and family services or to a county department of job and family services any information the public children services agency determines to be relevant for the purpose of evaluating the fitness of a the person who has applied for licensure or renewal of licensure as a type A family day-care home or certification or renewal of certification as a type B family day-care home, including, but not limited to, both of the following:
(1) A summary report of the chronology of abuse and neglect reports made pursuant to section 2151.421 of the Revised Code of which the person is the subject where the agency determined that abuse or neglect occurred and the final disposition of the investigation of the reports or, if the investigations have not been completed, the status of the investigations;
(2) Any underlying documentation concerning those reports.
(B) The agency shall not include in the information provided to the department or county department under division (A) of this section the name of the person or entity that made the report or participated in the making of the report of child abuse or neglect. (C) Upon provision of information under division (A) of this section, the agency shall notify the department or county department of both of the following:
(1) That the information is confidential;
(2) That unauthorized dissemination of the information is a violation of division (H)(2) of section 2151.421 of the Revised Code and any person who permits or encourages unauthorized dissemination of the information is guilty of a misdemeanor of the fourth degree pursuant to section 2151.99 of the Revised Code.
Sec. 5153.176. As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
(A) Notwithstanding division (H)(1) of section 2151.421, section 5153.17, or any other section of the Revised Code pertaining to confidentiality, a public children services agency shall promptly provide to the superintendent of public instruction information regarding the agency's investigation of a report of child abuse or neglect made pursuant to section 2151.421 of the Revised Code involving a person who holds a license issued by the state board of education where the agency has determined that child abuse or neglect occurred and that abuse or neglect is related to the person's duties and responsibilities under the license. The information provided by the agency shall include the following:
(1) A summary of the nature of the allegations contained in the report of which the person is the subject and the final disposition of the investigation conducted in response to that report or, if the investigation is not complete, the status of the investigation;
(2) Upon written request of the superintendent of public instruction, the additional information described in division (C) of this section regarding the agency's investigation of the report, unless the prosecuting attorney of the county served by the agency determines that such information may not be released pursuant to division (B) of this section.
(B) Upon receipt of a written request from the superintendent of public instruction for the additional information described in division (C) of this section, the director of the public children services agency shall determine if the prosecuting attorney of the county served by the agency intends to prosecute the subject of the report based on the allegations contained in the report. If the prosecuting attorney intends to prosecute the subject of the report, the prosecuting attorney shall determine the information described in division (C) of this section that may be released, if any, and shall provide the director with written authorization to release the information so determined. The agency shall provide the superintendent of public instruction with any information described in division (C) of this section that the prosecuting attorney determines may be released, but in no case shall the agency provide any information that the prosecuting attorney determines shall not be released. If the prosecuting attorney does not intend to prosecute the subject of the report, the prosecuting attorney shall notify the director of that fact and the agency shall provide all of the information described in division (C) of this section to the superintendent of public instruction.
(C) In accordance with division (B) of this section, the public children services agency shall provide information to the superintendent of public instruction regarding the agency's investigation of the report described in division (A) of this section, including, but not limited to, the following:
(1) The following information about the alleged child victim of the abuse or neglect:
(a) Full name;
(b) Date of birth;
(c) Address and telephone number;
(d) Grade level;
(e) Name and contact information of the child's parent, guardian, or legal custodian;
(f) Name and contact information of any medical facility that provided treatment to the child, if the child was injured in connection with the abuse or neglect and if that information is available;
(g) A summary of interviews with the child or, if an entity other than the agency conducted the interviews, the contact information for that entity. The summary shall include an accounting of the facts and circumstances of the alleged abuse or neglect, including, but not limited to, the time and place that the abuse or neglect occurred.
(h) Copies of any written correspondence between the child and the alleged perpetrator of the abuse or neglect that was used by the agency to determine that abuse or neglect occurred, the release of which is not otherwise prohibited by law.
(2) The following information about the alleged perpetrator of the abuse or neglect:
(a) Full name;
(b) Date of birth;
(c) Address and telephone number;
(d) Name of school district and school building that employed the alleged perpetrator at the time the report was made;
(e) Name and contact information of any medical facility that provided treatment to the alleged perpetrator, if the alleged perpetrator was injured in connection with the abuse or neglect and if that information is available;
(f) A summary of interviews with the alleged perpetrator or, if an entity other than the agency conducted the interviews, the contact information for that entity. The summary shall include an accounting of the facts and circumstances of the alleged abuse or neglect, including, but not limited to, the time and place that the abuse or neglect occurred.
(g) Copies of any written correspondence between the alleged child victim and the alleged perpetrator that was used by the agency to determine that abuse or neglect occurred, the release of which is not otherwise prohibited by law;
(h) If the alleged perpetrator has been the subject of any previous reports made pursuant to section 2151.421 of the Revised Code where the agency determined that physical or sexual child abuse occurred, a summary of the chronology of those reports; the final disposition of the investigations conducted in response to those reports, or if an investigation is not complete, the status of that investigation; and any underlying documentation concerning those reports.
(3) The following information about each person, other than the alleged child victim and the alleged perpetrator, whom the agency has determined to be important to the investigation, except that the information shall not be provided about the person who made the report unless that person grants written permission for the agency to release the information:
(a) Full name;
(b) Address and telephone number;
(c) If the person has been interviewed regarding the alleged abuse or neglect, a summary of those interviews or, if an entity other than the agency conducted the interviews, the contact information for such entity.
(D) Upon provision of any information to the superintendent of public instruction under this section, the public children services agency shall notify the superintendent of both of the following:
(1) That the information is confidential;
(2) That unauthorized dissemination of the information is a violation of division (H)(2) of section 2151.421 and section 3319.311 of the Revised Code and any person who permits or encourages unauthorized dissemination of the information is guilty of a misdemeanor of the fourth degree pursuant to section 2151.99 of the Revised Code.
If the agency determines that the superintendent of public instruction or any person involved in the conduct of an investigation under section 3319.311 of the Revised Code committed, caused, permitted, or encouraged the unauthorized dissemination of any information provided under this section, the agency shall provide written notification of the unauthorized dissemination to the prosecuting attorney of the county or the village solicitor, city director of law, or similar chief legal officer of the municipal corporation in which the unauthorized dissemination occurred. A copy of the notification shall be retained in the investigative record maintained by the agency.
(E) The public children services agency shall include documentation of the information provided to the superintendent of public instruction under this section in the investigative record maintained by the agency. The documentation shall include the following:
(1) A list of the information provided;
(2) The date the information was provided;
(3) If the superintendent of public instruction designates a person to receive the information on the superintendent's behalf, the name of that person;
(4) The reason for providing the information;
(5) If written authorization to provide the information is required from the prosecuting attorney under division (B) of this section, a copy of that authorization.
(F) An employee of a public children services agency who provides information to the superintendent of public instruction in accordance with this section in good faith shall be immune from any civil or criminal liability that otherwise might be incurred or imposed for injury, death, or loss to person or property as a result of the provision of that information. (G) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of this section prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section.
SECTION 2. That existing sections 3301.075, 3301.0714, 3301.41, 3310.02, 3310.03, 3310.16, 3312.01, 3312.02, 3312.03, 3312.04, 3312.05, 3312.08, 3312.09, 3312.10, 3312.11, 3312.13, 3313.41, 3313.472, 3313.536, 3314.014, 3314.015, 3314.02, 3314.03, 3317.03, 3319.291, 3319.311, 3324.10, 3701.93, and 5153.175 and sections 3310.17, 3314.35, and 3314.36 of the Revised Code are hereby repealed. SECTION 3. The Partnership for Continued Learning shall study the operation and oversight of community schools and the Educational Choice Scholarship Pilot Program established under Chapter 3310. of the Revised Code. The study shall include, but not be limited to, an evaluation of the impact of community schools and the Educational Choice Scholarship Pilot Program on students, communities, traditional public schools, and chartered nonpublic schools. Not later than one year after the effective date of this section, the partnership shall submit recommendations to the General Assembly. SECTION 4. Not later than one year after the effective date of this section, the State Board of Education shall make recommendations to the General Assembly for performance standards for community schools that operate dropout prevention and recovery programs that qualify for waivers under section 3314.36 of the Revised Code, as enacted by this act. The recommended standards shall include criteria for closing such community schools for consistently poor academic performance.
SECTION 5. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 137, Sub. H.B. 184, and Sub. H.B. 422 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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