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H. B. No. 79 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Raga, Latta, Setzer, C. Evans, Hagan, DeWine, McGregor, Willamowski, Gilb, Flowers
A BILLTo amend sections 3314.03, 3319.291, and 3319.311 and to enact sections 3319.313, 5126.253, and 5153.176 of the Revised Code to require that information about 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 and to require the State Board to request a criminal records check prior to renewing an educator license. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3319.291, and 3319.311 be amended and sections 3319.313, 5126.253, and 5153.176 of the Revised Code be enacted to read as follows:
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; (5) The admission standards of section 3314.06 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. Such a policy shall provide for withdrawing the student
by the end of the thirtieth day after the student has failed to
participate as required under this division. (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, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50,
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, 3319.321, 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. of the Revised
Code except that
nothing in that chapter shall prohibit a
member
of the school's governing board from also being an employee
of the
school and nothing in that chapter or section 2921.42 of
the
Revised Code shall prohibit a member of the
school's governing
board from having an interest in a
contract into which the
governing board enters
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority; (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, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. (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 disadvantaged pupil impact aid calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code. (16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code; (17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees; (18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school; (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 section 3314.06
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.
(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.
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, and when any person applies for a renewal of such certificate, license, or permit, the state board of
education shall require the person 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. (B) The Except as provided in division (C) of this section, prior to issuing or renewing any certificate, license, or permit described in 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 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) "License" has the same meaning as in section 3319.31 of the Revised Code.
(2) "Professional misconduct" means any conduct or misconduct described in divisions (B)(1) and (2) of 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 information the board or administrator has in the board's or administrator's custody about allegations of professional misconduct by an employee who holds a license issued by the state board of education, including any information about allegations of professional misconduct for which the employee was terminated or asked to resign.
Sec. 5126.253. (A) As used in this section:
(1) "License" has the same meaning as in section 3319.31 of the Revised Code.
(2) "Professional misconduct" means any conduct or misconduct described in divisions (B)(1) and (2) of 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 information the board has in its custody about allegations of professional misconduct by an employee who holds a license issued by the state board of education, including any information about allegations of professional misconduct for which the employee was terminated or asked to resign.
Sec. 5153.176. As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
Notwithstanding any provision to the contrary in section 2151.421, 5153.17, or any other section of the Revised Code pertaining to confidentiality, a public children services agency shall promptly submit to the superintendent of public instruction any written documentation 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 evidence of child abuse or neglect exists. The agency shall not include in the information provided to the superintendent the name of the person or entity that made or participated in making the report of abuse or neglect.
Section 2. That existing sections 3314.03, 3319.291, and 3319.311 of the Revised Code are hereby repealed.
Section 3. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of
the 125th 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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