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S. B. No. 131 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Roberts, Miller, D., Miller, R., Cafaro, Kearney, Mason, Morano, Sawyer, Wilson
A BILL
To amend sections 3301.0718, 3313.60, 3313.603, 3314.03, and 3314.21 and to enact sections 3301.0719, 3314.40, and 3319.076 of the Revised Code to
require the State Board of Education to adopt instructional standards in physical education, nutrition, and dental care; to specify physical education requirements for grades kindergarten through eight; to require physical education teachers to be licensed in their subject area; and to make other changes relative to physical education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0718, 3313.60, 3313.603, 3314.03, and 3314.21 be amended and sections 3301.0719, 3314.40, and 3319.076 of the Revised Code be
enacted to read as follows: Sec. 3301.0718. (A) After completing the required standards
specified in section 3301.079 of the Revised Code, the state
board
of education shall adopt standards and model curricula for
instruction in computer literacy for grades three through twelve
and in fine arts and foreign language for grades kindergarten
through twelve.
The
(B) Not later than December 31, 2008, the state board shall adopt the most recent standards for physical education in grades
kindergarten
through twelve developed by the national association for sport and physical education. The superintendent of public instruction shall appoint a physical education coordinator, who shall provide guidance and oversight for school districts and community schools established under Chapter 3314. of the Revised Code in following the physical education standards, in addition to performing other duties assigned by the superintendent. The superintendent shall determine that the person appointed as coordinator is qualified for the position, as demonstrated by possessing an adequate combination of education, licensure, and experience. The superintendent shall allocate money from the department of education's existing appropriations to pay the cost of the position of the physical education coordinator. The department shall transmit the physical education standards, and information regarding revisions to the standards, to school districts and community schools in electronic form. If the department is unable to transmit the information in electronic form, the department shall use any other reasonable means of transmitting the information that requires the least expense.
Not later than July 1, 2009, the board of education of each school district and the governing authority of each community school shall adopt the physical education standards. Each school district and community school shall comply with the standards beginning in the 2009-2010 school year. (C) The state board shall not adopt or revise any
standards or
curriculum in the area of health
or
physical
education unless, by
concurrent
resolution, the standards,
curriculum, or revisions are
approved
by both houses of the
general assembly.
Before the house
of
representatives or senate
votes on a
concurrent
resolution
approving health or physical
education
standards,
curriculum, or
revisions, its standing
committee having
jurisdiction over
education legislation shall
conduct at least one
public hearing on
the standards, curriculum,
or revisions. (B)(D) The state board shall not adopt a diagnostic assessment
or achievement test for any grade level or subject area other than
those specified in section 3301.079 of the Revised Code.
Sec. 3301.0719. Not later than December 31, 2008, the state board of education shall adopt standards for instruction in nutrition and dental care in grades kindergarten through twelve. The department of education shall transmit the standards, and information regarding revisions to the standards, to school districts and community schools established under Chapter 3314. of the Revised Code in electronic form. If the department is unable to transmit the information in electronic form, the department shall use any other reasonable means of transmitting the information that requires the least expense.
Not later than July 1, 2009, the board of education of each school district and the governing authority of each community school shall adopt the nutrition and dental care standards. Each school district and community school shall comply with the standards beginning in the 2009-2010 school year.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52
of
the Revised Code. (A) The board of education of each city and exempted village
school
district, the governing board of each educational
service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects: (1) The language arts, including reading, writing,
spelling,
oral and written English, and literature; (2) Geography, the history of the United States and of
Ohio,
and national, state, and local government in the United
States,
including a balanced presentation of the relevant
contributions to
society of men and women of African, Mexican,
Puerto Rican, and
American Indian descent as well as other ethnic
and racial groups
in Ohio and the United States; (4) Natural science, including instruction in the
conservation of natural resources; (5) Health education, which shall include instruction in: (a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
the use and effects of food additives; (b) The harmful effects of and legal restrictions against
the use of drugs of abuse, alcoholic beverages, and tobacco; (c) Venereal disease education, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in venereal disease education; (d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in personal safety and assault
prevention. (6) Physical education;. Beginning in the 2009-2010 school year, daily instruction in physical education, involving a combination of physical activity and content instruction, shall be provided in each of grades kindergarten through six and one-half unit, as defined in section 3313.603 of the Revised Code, of instruction in physical education shall be provided in grades seven and eight. Physical education shall be provided in accordance with section 3313.603 of the Revised Code in grades nine through twelve. (7) The fine arts, including music; (8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention,
except
that upon written request of
the student's parent or
guardian,
a
student shall be excused from taking instruction in
cardiopulmonary resuscitation. (B) Except as provided in division (E) of this section,
every school or school district shall include in the requirements
for promotion from the eighth grade to the ninth grade one year's
course of study of American history. (C) Except as provided in division (E) of this section,
every high school shall include in the requirements for
graduation
from any curriculum one unit of American history and
government,
including a study of the constitutions of the United
States and of
Ohio. (D) Except as provided in division (E) of this section,
basic instruction in geography, United States history, the
government of the United States, the government of the state of
Ohio, local government in Ohio, the Declaration of Independence,
the United States Constitution, and the Constitution of the state
of Ohio shall be required before pupils may participate in
courses
involving the study of social problems, economics,
foreign
affairs, United Nations, world government, socialism and
communism. (E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section. (F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school
under
its control. (G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child: (1) Any survey or questionnaire, prior to its
administration
to the child; (2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child; (3) Any completed and graded test taken or survey or
questionnaire filled out by the child; (4) Copies of the statewide academic standards and each
model curriculum developed pursuant to section 3301.079 of the
Revised Code, which copies shall be available at all times during
school hours in each district school building. (H) Not later than July 1, 2009, the board of education of each school district and the governing board of each educational service center subject to division (A) of this section shall adopt a policy to comply with division (A)(6) of this section with regard to physical education instruction in grades kindergarten through six.
Sec. 3313.603. (A) As used in this section: (1) "One unit" means a
minimum of one hundred twenty hours
of course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction. (2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614 of the Revised Code, the
requirements for
graduation from every high school shall include
twenty units earned in grades nine through twelve and shall be
distributed as follows: (1) English language arts, four units; (2) Health, one-half unit; (3) Mathematics, three units; (4) Physical education, one-half unit; (5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following: (a) Biological sciences, one
unit; (b) Physical sciences, one
unit. (6) Social studies, three units, which shall include both
of
the following: (a) American history, one-half
unit; (b) American government, one-half
unit. (7) Elective units, seven units until September 15, 2003,
and
six units thereafter. Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language. (C) Beginning with students who enter ninth grade for the first time on or after July 1, 2010,
except as provided in divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school shall include
twenty units that are designed to prepare students for the workforce and college. The units shall be distributed as follows: (1) English language arts, four units; (2) Health, one-half unit; (3) Mathematics, four units, which shall include one unit of algebra II or the equivalent of algebra II; (4) Physical education, one-half unit; (5) Science, three
units with inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information, which shall include the following, or their equivalent: (a) Physical sciences, one unit; (c) Advanced study in one or more of the following sciences, one unit: (i) Chemistry, physics, or other physical science; (ii) Advanced biology or other life science; (iii) Astronomy, physical geology, or other earth or space science. (6) Social studies, three units, which shall include both
of
the following: (a) American history, one-half
unit; (b) American government, one-half
unit. Each school shall integrate the study of economics and financial literacy, as expressed in the social studies academic content standards adopted by the state board of education under section 3301.079 of the Revised Code, into one or more existing social studies credits required under division (C)(6) of this section, or into the content of another class, so that every high school student receives instruction in those concepts. In developing the curriculum required by this paragraph, schools shall use available public-private partnerships and resources and materials that exist in business, industry, and through the centers for economics education at institutions of higher education in the state. (7) Five
units consisting of one or any combination of foreign language, fine arts, business, career-technical education, family and consumer sciences, technology, agricultural education, or English language arts, mathematics, science, or social studies courses not otherwise required under division (C) of this section. Ohioans must be prepared to apply increased knowledge and skills in the workplace and to adapt their knowledge and skills quickly to meet the rapidly changing conditions of the twenty-first century. National studies indicate that all high school graduates need the same academic foundation, regardless of the opportunities they pursue after graduation. The goal of Ohio's system of elementary and secondary education is to prepare all students for and seamlessly connect all students to success in life beyond high school graduation, regardless of whether the next step is entering the workforce, beginning an apprenticeship, engaging in post-secondary training, serving in the military, or pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all students entering ninth grade for the first time at a public or chartered nonpublic high school on or after July 1, 2010. A student may satisfy this expectation through a variety of methods, including, but not limited to, integrated, applied, career-technical, and traditional coursework. Whereas teacher quality is essential for student success in completing the Ohio core curriculum, the general assembly shall appropriate funds for strategic initiatives designed to strengthen schools' capacities to hire and retain highly qualified teachers in the subject areas required by the curriculum. Such initiatives are expected to require an investment of $120,000,000 over five years. Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging academic endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for Ohio's students, families, and the state. The state board of education, the Ohio board of regents, and the partnership for continued learning shall develop policies to ensure that only in rare instances will students who complete the Ohio core curriculum require academic remediation after high school. School districts, community schools, and chartered nonpublic schools shall integrate technology into learning experiences whenever practicable across the curriculum in order to maximize efficiency, enhance learning, and prepare students for success in the technology-driven twenty-first century. Districts and schools may use distance and web-based course delivery as a method of providing or augmenting all instruction required under this division, including laboratory experience in science. Districts and schools shall whenever practicable utilize technology access and electronic learning opportunities provided by the eTech Ohio commission, the Ohio learning network, education technology centers, public television stations, and other public and private providers. (D) Except as provided in division (E) of this section, a student who enters ninth grade on or after July 1, 2010, and before July 1, 2014, may qualify for graduation from a public or chartered nonpublic high school even though the student has not completed the Ohio core curriculum prescribed in division (C) of this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years, as determined by the school, the student and the student's parent, guardian, or custodian sign and file with the school a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill any procedural requirements the school stipulates to ensure the student's and parent's, guardian's, or custodian's informed consent and to facilitate orderly filing of statements under division (D)(1) of this section.
(3) The student and the student's parent, guardian, or custodian and a representative of the student's high school jointly develop an individual career plan for the student that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship. (4) The student's high school provides counseling and support for the student related to the plan developed under division (D)(3) of this section during the remainder of the student's high school experience. (5) The student successfully completes, at a minimum, the curriculum prescribed in division (B) of this section.
The partnership for continued learning, in collaboration with the department of education and the Ohio board of regents, shall analyze student performance data to determine if there are mitigating factors that warrant extending the exception permitted by division (D) of this section to high school classes beyond those entering ninth grade before July 1, 2014. The partnership shall submit its findings and any recommendations not later than August 1, 2014, to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the state board of education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school retains the authority to require an even more rigorous minimum curriculum for high school graduation than specified in division (B) or (C) of this section. A school district board of education, through the adoption of a resolution, or the governing authority of a chartered nonpublic school may stipulate any of the following:
(1) A minimum high school curriculum that requires more than twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high school curriculum that is comparable to the exception provided in division (D) of this section but with additional requirements, which may include a requirement that the student successfully complete more than the minimum curriculum prescribed in division (B) of this section;
(3) That no exception comparable to that provided in division (D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery program, which program has received a waiver from the department of education, may qualify for graduation from high school by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the Ohio core curriculum prescribed in division (C) of this section. 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 (F)(4) of this section during the remainder of the student's high school experience.
(6) The program requires the student and the student's parent, guardian, or custodian to sign and file, in accordance with procedural requirements stipulated by the program, a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(7) 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.
(G) Every high school
may permit students below the ninth
grade to take advanced work
for high school credit. A high school shall count
such advanced work toward the
graduation requirements of division
(B) or (C) of
this section if the advanced work was both: (1) Taught by a person who possesses a license or
certificate issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised Code
that is valid for teaching high school; (2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements. Each high school shall record on the student's high school transcript all high school credit awarded under division (G) of this section. In addition, if the student completed a seventh- or eighth-grade fine arts course described in division (K) of this section and the course qualified for high school credit under that division, the high school shall record that course on the student's high school transcript.
(H) The department shall make its individual academic career plan available through its Ohio career information system web site for districts and schools to use as a tool for communicating with and providing guidance to students and families in selecting high school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section. (J) The state board of education, in consultation with the Ohio board of regents and the partnership for continued learning, shall adopt a statewide plan implementing methods for students to earn units of high school credit based on a demonstration of subject area competency, instead of or in combination with completing hours of classroom instruction. The state board shall adopt the plan not later than March 31, 2009, and commence phasing in the plan during the 2009-2010 school year. The plan shall include a standard method for recording demonstrated proficiency on high school transcripts. Each school district, community school, and chartered nonpublic school shall comply with the state board's plan adopted under this division and award units of high school credit in accordance with the plan. The state board may adopt existing methods for earning high school credit based on a demonstration of subject area competency as necessary prior to the 2009-2010 school year. (K) This division does not apply to students who qualify for graduation from high school under division (D) or (F) of this section, or to students pursuing a career-technical instructional track as determined by the school district board of education or the chartered nonpublic school's governing authority. Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first time on or after July 1, 2010, each student enrolled in a public or chartered nonpublic high school shall complete two semesters or the equivalent of fine arts to graduate from high school. The coursework may be completed in any of grades seven to twelve. Each student who completes a fine arts course in grade seven or eight may elect to count that course toward the five units of electives required for graduation under division (C)(7) of this section, if the course satisfied the requirements of division (G) of this section. In that case, the high school shall award the student high school credit for the course and count the course toward the five units required under division (C)(7) of this section. If the course in grade seven or eight did not satisfy the requirements of division (G) of this section, the high school shall not award the student high school credit for the course but shall count the course toward the two semesters or the equivalent of fine arts required by this division. (L) Notwithstanding anything to the contrary in this section, the board of education of each school district and the governing authority of each chartered nonpublic school may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band, or cheerleading for at least two full seasons. If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate. However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction, in another course of study.
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 the following: (a) 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;
(b) A requirement that each classroom teacher employed by the school to provide instruction in physical education hold a valid license issued pursuant to section 3319.22 of the Revised Code for teaching physical education. (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 division (B) of section 3301.0718 and 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, 3301.0719, 3313.472,
3313.50, 3313.536,
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, 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. 3314.21. (A) As used in this section:
(1) "Harmful to juveniles" has the same meaning as in
section 2907.01 of the Revised Code. (2) "Obscene" has the same meaning as in division (F) of
section 2907.01 of the Revised Code as that division has been
construed by the supreme court of this state. (3) "Teacher of record" means a teacher who is responsible for the overall academic development and achievement of a student and not merely the student's instruction in any single subject.
(B)(1) It(1) It is the intent of the general assembly that teachers
employed by internet- or computer-based community schools conduct
visits with their students in person throughout the school year. (2) Each internet- or computer-based community school shall retain an affiliation with at least one full-time teacher of record licensed in accordance with division (A)(10)(a) of section 3314.03 of the Revised Code.
(3) Each student enrolled in an internet- or computer-based community school shall be assigned to at least one teacher of record. No teacher of record shall be primarily responsible for the academic development and achievement of more than one hundred twenty-five students enrolled in the internet- or computer-based community school that has retained that teacher. (C) For any internet- or computer-based community school,
the
contract between the sponsor and the governing authority of
the
school described in section 3314.03 of the Revised Code shall
specify each of the following:
(1) A requirement that the school use a filtering device or
install filtering software
that protects against internet access
to materials that are
obscene or harmful to juveniles on each
computer provided to
students for instructional use. The school
shall provide such
device or software at no cost to any student
who works primarily from the
student's residence on a computer
obtained from a source other
than the school.
(2) A plan for fulfilling the intent of the general assembly specified in division (B)(1) of this section. The plan shall
indicate the number of times teachers will visit each student
throughout the school year and the manner in which those visits
will be conducted. (3) That the school will set up a central base of operation
and the sponsor will maintain a representative within fifty miles
of that base of operation to provide monitoring and assistance.
Sec. 3314.40. (A) Beginning in the 2009-2010 school year, the governing authority of each community school shall include physical education in the school's curriculum, as follows: (1) Daily instruction in physical education, involving a combination of physical activity and content instruction, shall be provided in each of grades kindergarten through six. (2) One-half unit, as defined in section 3313.603 of the Revised Code, of instruction in physical education shall be provided in grades seven and eight.
(3) Physical education shall be provided in accordance with division (A)(11)(f) of section 3314.03 of the Revised Code in grades nine through twelve.
(B)
Not later than July 1, 2009, the governing authority shall adopt a policy to comply with division (A)(1) of this section.
Sec. 3319.076. No school district shall employ any classroom teacher to provide instruction in physical education in any of grades kindergarten to twelve unless the teacher holds a valid license issued pursuant to section 3319.22 of the Revised Code for teaching physical education.
Section 2. That existing sections 3301.0718, 3313.60, 3313.603, 3314.03, and 3314.21 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 Am. Sub. H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B. 276, Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 311 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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