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H. B. No. 598 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsor:
Representative Uecker
A BILL
To amend sections 2921.43, 3313.36, 3314.03,
3315.062,
and 3326.11 and to enact section
3313.539 of the
Revised Code to prohibit a public
school or an
interscholastic athletic
organization from
sanctioning or controlling
fund-raising and
expenditures by head coaches or
school booster
clubs under specified conditions
and to permit
school booster clubs to pay
compensation to
coaches.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.43, 3313.36, 3314.03, 3315.062,
and 3326.11 be amended and section 3313.539 of the Revised Code be
enacted to read as follows:
Sec. 2921.43. (A) No public servant shall knowingly
solicit
or accept, and no person shall knowingly promise or give
to a
public servant, either of the following:
(1) Any compensation, other than as allowed by divisions
(G),
(H), and (I) of section 102.03, division (C) of section 3313.539
of the Revised Code, or other
provisions of law, to perform the
public servant's official
duties, to perform any
other act or
service in the public servant's public capacity, for
the general
performance of the duties of the public servant's
public office or
public employment, or as a supplement to the
public servant's
public compensation;
(2) Additional or greater fees or costs than are allowed
by
law to perform the public servant's official duties.
(B) No public servant for the public servant's own personal
or business use,
and no person for the person's own personal or
business use
or for the
personal or business use of a public
servant or party official,
shall solicit or accept anything of
value in consideration of
either of the following:
(1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency;
(2) Preferring, or maintaining the status of, any public
employee with respect to compensation, duties, placement,
location, promotion, or other material aspects of employment.
(C) No person for the benefit of a political party,
campaign
committee, legislative campaign fund,
political action committee,
or political contributing entity
shall coerce
any contribution in
consideration of either of the following:
(1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency;
(2) Preferring, or maintaining the status of, any public
employee with respect to compensation, duties, placement,
location, promotion, or other material aspects of employment.
(D) Whoever violates this section is guilty of soliciting
improper compensation, a misdemeanor of the first degree.
(E) A public servant who is convicted of a violation of
this
section is disqualified from holding any public office,
employment, or position of trust in this state for a period of
seven years from the date of conviction.
(F) Divisions (A), (B), and (C) of this section do not
prohibit a person from making voluntary contributions
to a
political party, campaign committee, legislative campaign fund,
political
action
committee, or political contributing entity or
prohibit a
political party, campaign committee,
legislative
campaign fund,
political action committee, or political
contributing entity
from accepting voluntary
contributions.
Sec. 3313.36. (A) By the adoption of a resolution, a
board
of education may accept any bequest made to it by will or
may
accept any gift or endowment upon the conditions and
stipulations
contained in the will or connected with the gift or
endowment. For
the purpose of enabling the board to carry out
the conditions and
limitations upon which a bequest, gift, or
endowment is made, it
may make all rules required to fully carry
them into effect. No
such Except for funds raised and expended under section 3313.539
of the Revised Code, no bequest, gift, or endowment shall be
accepted by the board if the conditions remove any portion of the
public schools from the control of the board.
(B) By the adoption of a resolution, a board may direct
the
school district treasurer to pay the proceeds of any bequest,
gift, or endowment given to the district for the education
foundation fund or given without conditions or limitations into
the education foundation fund established by section 3315.40 of
the Revised Code.
Sec. 3313.539. (A) Notwithstanding anything in section
3313.47 of the Revised Code to the contrary, the board of
education of a school district shall not prohibit a school booster
organization or a head coach employed or engaged by the board from
raising funds for school athletic activities, including conducting
or instructing athletic camp fund-raisers and involving student
athletes in fund-raising activities, or in any way sanction those
fund-raising activities or prohibit or sanction the booster
organization's or head coach's maintenance or use of the funds
raised to pay for athletic equipment, compensation for coaches, or
other items directly benefiting the head coach's athletic program,
as long as the following conditions are satisfied:
(1) The head coach is not a signatory on an account
containing the funds raised and may not issue checks on such
account.
(2) The funds raised are maintained by any of the following:
(a) The district treasurer;
(b) An attorney licensed to practice law in Ohio, who shall
be designated the trustee of the funds;
(c) A certified public accountant who has received a
certificate under Chapter 4701. of the Revised Code, who shall be
designated the trustee of the funds;
(d) The treasurer of the booster organization, if that
organization is exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code.
(3) If the funds are maintained by a person described in
division (A)(2)(b), (c), or (d) of this section, that person at
least annually provides to the district treasurer and the school
athletic director a report of the income, sources, and
expenditures of the funds.
(B) Funds raised in accordance with this section need not be
maintained in any district or school account and shall not be
subject to audit under Chapter 117. of the Revised Code as long as
the conditions prescribed by divisions (A)(1) to (3) of this
section are satisfied.
(C)(1) Notwithstanding anything to the contrary in section
3313.53 of the Revised Code, funds raised and maintained under
this section may be used to pay compensation to a licensed
individual or a nonlicensed individual to coach an activity, and
any individual may accept such compensation, as long as the head
coach certifies to the school athletic director all of the
following:
(a) The particular coaching position is needed.
(b) The compensation paid to the coach is equal to or less
than compensation that is or would be paid to a licensed
individual under a supplemental contract entered into under
section 3319.08 of the Revised Code for a similar coaching
position.
(c) The coaching position has been offered to employees of
the district before offered to any individual who is not an
employee of the district.
(2) If the funds used to pay compensation to a coach under
division (C) of this section are not maintained in any district or
school account, the compensation is not subject to the provisions
of Chapter 3307. or 3309. of the Revised Code or the rules of the
board of a retirement system established under either chapter.
(3) The funds paid as compensation to an individual under
division (C) of this section may be in addition to other amounts
paid to the individual by the district or school as an employee of
the district or school.
(4) Compensation paid to an individual under division (C) of
this section shall not be construed as a violation of division (E)
or (F) of section 102.03 of the Revised Code.
(5) As used in division (C) of this section, "licensed
individual" and "nonlicensed individual" have the same meanings as
in section 3313.53 of the Revised Code.
(D) No school district, school, interscholastic conference,
or organization that regulates interscholastic conferences or
events shall have a rule, bylaw, or other regulation that
conflicts with this section.
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 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, 3313.539,
3313.608,
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80,
3313.96,
3319.073, 3319.313, 3319.314,
3319.315, 3319.321,
3319.39, 3319.391, 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 for students who
enter ninth grade for the first time before July 1, 2010, 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. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(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. 3315.062. (A) The board of education of any school
district may expend moneys from its general revenue fund for the
operation of such student activity programs included in the
program of each
school district as authorized by its board of
education. Such
expenditure shall not exceed five-tenths of one
per cent of the
board's annual operating budget.
(B) If more than fifty dollars a year is received through
a
student activity program, the moneys from such program shall be
paid into an activity fund established by the board of education
of the school district. The board shall adopt regulations
governing the establishment and maintenance of such fund,
including a system of accounting to separate and verify each
transaction and to show the sources from which the fund revenue
is
received, the amount collected from each source, and the
amount
expended for each purpose. Expenditures from the fund
shall be
subject to approval of the board.
This division does not apply to funds raised or expended in
accordance with section 3313.539 of the Revised Code.
(C) The board of education of any school district may
purchase accident insurance for pupils participating in school
athletic programs for which the school district is authorized to
expend public money. The board also may, to the extent it
considers necessary, establish a self-insurance plan for the
protection of such pupils against loss or expense resulting from
bodily injury or death by accident, or for the payment of any
deductible under a policy of accident insurance procured pursuant
to this division.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.539, 3313.608, 3313.6012,
3313.6013,
3313.6014,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.313,
3319.314,
3319.315, 3319.32, 3319.321, 3319.35, 3319.39,
3319.391, 3319.45,
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 102., 117.,
1347.,
2744., 3307., 3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
4167. of the Revised Code
as if it were
a school district.
Section 2. That existing sections 2921.43, 3313.36, 3314.03,
3315.062, and 3326.11 of the Revised Code are hereby repealed.
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