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S. B. No. 331 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Fedor, Mason, Miller, D., Morano, Sawyer, Miller, R.
A BILL
To amend sections 3302.03, 3313.672, 3314.012,
3314.015, 3314.03, 3314.19, and 3314.21 and to
enact sections 3314.101, 3314.38, and 3314.39 of
the Revised Code to require regular on-site
evaluations of community schools, to require
certain community school teachers to be "highly
qualified," and to make other changes regarding
public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3302.03, 3313.672, 3314.012,
3314.015, 3314.03, 3314.19, and 3314.21 be amended and sections
3314.101, 3314.38, and 3314.39 of the Revised Code be enacted to
read as follows:
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a
district all of the following:
(1) The extent to which the school district or building
meets
each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency, except that if a
school building does not offer any grade level for which an
achievement test is prescribed under section 3301.0710 of the
Revised Code, the performance rating assigned to the building
under division (B) of this section shall not be included on the
report card issued for the building under division (C) of this
section. The exclusion of the performance rating from the report
card shall not affect the applicability of any provision of the
Revised Code in which the performance rating of a school building
is a factor.
(B) Except as otherwise provided in divisions (B)(6)
and (7)
of this section:
(1) A school district or building shall be declared
excellent
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at
least ninety-four per cent of the applicable state
performance
indicators or has a performance index score established by the
department.
(b) It has failed to make adequate yearly progress for not
more than two consecutive years and either meets at least
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at
least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance
index score established by the department.
(b) It does not make adequate yearly progress and either
meets at least seventy-five per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for three consecutive years, it shall be
declared in need of continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly
progress and either meets at least thirty-one per cent but less
than fifty per cent of the
applicable
state
performance
indicators
or has a performance index score established by the department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance
index score established by the department.
(6) When designating performance ratings for school districts
and buildings under divisions (B)(1) to (5) of this section, the
department shall not assign a school district or building a lower
designation from its previous year's designation based solely on
one subgroup not making adequate yearly progress.
(7) Division (B)(7) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement tests prescribed for
their grade level under section 3301.0710 of the Revised Code from
which they are not excused pursuant to division (C)(1) or (3) of
section 3301.0711 of the Revised Code. A school district or
building shall not be assigned a higher performance rating than
under an academic watch if more than fifteen per cent but not more
than twenty per cent of the enrolled students do not take all
achievement tests prescribed for their grade level under section
3301.0710 of the Revised Code from which they are not excused
pursuant to division (C)(1) or (3) of section 3301.0711 of the
Revised Code. A school district or building shall not be assigned
a higher performance rating than in a state of academic emergency
if more than twenty per cent of the enrolled students do not take
all achievement tests prescribed for their grade level under
section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community
schools that primarily enroll students between sixteen and
twenty-two years of age who dropped out of high school or are at
risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school
under Chapter 3314. of the Revised Code, the department
shall
combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of master teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a
test with
accommodation
or to
whom an
alternate assessment is
administered
pursuant to
division
(C)(1) or (3)
of section
3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any test
prescribed by section 3301.0710 of the Revised Code that is
administered to the student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade reading achievement test;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3313.672. (A)(1) At the time of
initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
the pupil by the
public
or
nonpublic elementary or secondary school
the pupil
most
recently
attended; a certified copy of an order or decree, or
modification
of such an order or decree allocating parental rights
and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued;
a copy of a power of attorney or caretaker
authorization affidavit, if either has been executed with respect
to the child pursuant to sections 3109.51 to 3109.80 of the
Revised Code; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in
lieu of a certificate or certification of birth by the person
in
charge of admission:
(a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child;
(b) An attested transcript of the certificate of birth;
(c) An attested transcript of the certificate of baptism
or
other religious record showing the date and place of birth of
the
child;
(d) An attested transcript of a hospital record showing
the
date and place of birth of the child;
(2) If a pupil requesting admission to a school of the school
district in which the pupil is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code has been discharged
or released from the custody of the department of youth services
under section 5139.51 of the Revised Code just prior to requesting
admission to the school, no school official shall admit that pupil
until the records described in divisions (D)(4)(a) to (d) of
section 2152.18 of the Revised Code have been received by the
superintendent of the school district.
(3) Except as otherwise provided in division (A)(2) of this
section, within twenty-four hours of the entry into the school
of
a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school
the pupil
most
recently attended. If the public or nonpublic school the
pupil
claims to have most recently attended indicates that it has
no
record of the pupil's attendance or the records are not
received
within fourteen days of the date of request, or if the
pupil does
not present a certification of birth described in
division (A)(1)
of this section, a comparable certificate or
certification from
another state, territory, possession, or
nation, or another
document specified in divisions (A)(1)(a) to
(d)(e) of this
section,
the principal or chief administrative officer
of the
school shall
notify the law enforcement agency having
jurisdiction
in the area
where the pupil resides of this fact and
of the
possibility that
the pupil may be a missing child, as
defined in
section 2901.30
of the Revised Code.
(B)(1) Whenever an order or decree allocating parental
rights
and responsibilities for the care of a child and
designating a
residential parent and legal custodian of the child,
including a
temporary order, is issued resulting from an action of
divorce,
alimony, annulment, or dissolution of marriage, and the
order or
decree pertains to a child who is a pupil in a public or
nonpublic
school, the residential parent of the child shall
notify
the
school of those allocations and designations by
providing the
person in charge of admission at the pupil's school
with a
certified copy of the order or decree that made the
allocation and
designation. Whenever there is a modification of
any order or
decree allocating parental rights and
responsibilities for the
care of a child and designating a
residential parent and legal
custodian of the child that has been
submitted to a school, the
residential parent shall provide the
person in charge of admission
at the pupil's school with a
certified copy of the order or decree
that makes the
modification.
(2) Whenever a power of attorney is executed under sections
3109.51 to 3109.62 of the Revised Code that pertains to a child
who is a pupil in a public or nonpublic school, the attorney in
fact shall notify the school of the power of attorney by providing
the person in charge of admission with a copy of the power of
attorney. Whenever a caretaker authorization affidavit is
executed
under sections 3109.64 to 3109.73 of the Revised Code
that
pertains to a child who is in a public or nonpublic school,
the
grandparent who executed the affidavit shall notify the school of
the
affidavit by providing the person in charge of admission with
a
copy of the affidavit.
(C) If, at the time of a pupil's initial entry to a public
or
nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the
Revised Code, the pupil or
the pupil's parent shall
notify the
school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests
the
pupil's records of that fact.
(D) If a pupil seeking admission to a school operated by a
school district most recently attended a community school
established under Chapter 3314. of the Revised Code, the school
official handling the pupil's admission shall request the pupil or
the pupil's parent to provide information about the reasons the
pupil or the pupil's parent initially chose the community school
and the reasons for the pupil's withdrawal from the community
school and enrollment in the school in which the pupil is seeking
admission. Each school district shall report information collected
under this division to the department of education. The department
shall compile and post the information on its web site in a manner
that does not identify individual pupils or parents.
Sec. 3314.012. (A) Within ninety days
of September
28, 1999,
the superintendent of
public instruction shall appoint
representatives of the department
of education, including
employees who work with the education
management information
system and employees of the office of
community schools
established by section 3314.11 of the Revised Code,
to a committee
to develop report card models for community schools. The
director
of the legislative office of education oversight
shall also
appoint representatives to the committee. The
committee shall
design model report cards appropriate for the
various types of
community schools approved to operate in the
state. Sufficient
models shall be developed to reflect the
variety of grade levels
served and the missions of the state's
community schools. All
models shall include both financial and
academic data. The initial
models shall be developed by March 31,
2000.
(B) The department of education shall issue an annual
report
card for each community school, regardless of how long the school
has been in operation. The report card shall report
the academic
and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report
card shall include all information applicable to school buildings
under division (A) of section 3302.03 of the Revised Code and
section 3302.032 of the Revised Code.
(C) Upon receipt of a copy of a contract between a sponsor
and a
community school entered into under this chapter, the
department of education
shall notify the community school of the
specific model report card that will
be used for that school.
(D) Report cards shall be distributed to the parents of all
students
in the community school, to the members of the board of
education
of the school district in which the community school is
located,
and to any person who requests one from the department.
(E) No report card shall be issued for any community school
under
this section until the school has been open for instruction
for two full
school years.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to
the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter and on the performance of
community school sponsors;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No entity listed in division (C)(1) of section
3314.02
of the Revised Code shall enter into a preliminary
agreement under
division (C)(2) of section 3314.02 of the Revised
Code until it
has received approval from the department of
education to sponsor
community schools under this chapter and has
entered into a
written agreement with the department regarding the
manner in
which the entity will conduct such sponsorship. The
department
shall adopt in accordance with Chapter 119. of the
Revised Code
rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. The rules also shall require
entities approved as sponsors on and after June 30, 2005, to
demonstrate a record of financial responsibility and successful
implementation of educational programs. If an entity seeking
approval on or after June 30, 2005, to sponsor community schools
in this state sponsors or operates schools in another state, at
least one of the schools sponsored or operated by the entity must
be comparable to or better than the performance of Ohio schools in
need of continuous improvement under
section 3302.03 of the
Revised Code, as determined by the
department.
An entity that sponsors community schools may
enter into
preliminary agreements and sponsor schools as follows, provided
each school and the contract for
sponsorship meets the
requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were
open for operation as of May 1, 2005, may sponsor not more than
fifty schools.
(b) An entity that sponsored more than fifty but not more
than seventy-five schools that were open for operation as of May
1, 2005, may sponsor not more than the number of schools the
entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than
seventy-five schools that were open for operation as of May 1,
2005, may sponsor not more than the number of schools the entity
sponsored that were open for operation as of May 1, 2005. After
June 30, 2006, such an entity may sponsor not more than
seventy-five schools.
Upon approval of an entity to be a sponsor under this
division, the department shall notify the entity of the number of
schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1) of
this section applies shall be decreased by one for each school
sponsored by the entity that permanently closes.
If at any time an entity exceeds the number of schools it may
sponsor under this division, the department shall assist the
schools in excess of the entity's limit in securing new sponsors.
If a school is unable to secure a new sponsor, the department
shall assume sponsorship of the school in accordance with division
(C) of this section. Those schools for which another sponsor or
the department assumes sponsorship shall be the schools that most
recently entered into contracts with the entity under section
3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board
or designee has confirmed the original finding, the
department of
education may revoke the sponsor's approval to
sponsor
community
schools and may assume the sponsorship of any
schools
with which
the sponsor has contracted until the earlier of
the
expiration of
two school years or until a new sponsor as
described
in division
(C)(1) of section 3314.02 of the Revised
Code is
secured by the
school's governing authority. The
department may
extend the term
of the contract in the case of a
school for which
it has assumed
sponsorship under this division as
necessary to
accommodate the
term of the department's
authorization to sponsor
the school
specified in this division.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.03.
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 in compliance
with section 3314.101 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
3313.6012, 3313.6013, 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. 3314.101. Each community school shall do both of the
following in the same manner as required of a school district:
(A) Comply with the provisions of section 3319.074 of the
Revised Code, except that the prohibition in division (B) of that
section shall apply only to teachers hired by the school on or
after the effective date of this section;
(B) Employ as classroom teachers only persons who are
licensed under sections 3319.22 to 3319.31 of the Revised Code in
a manner that is in compliance with any rules of the state board
of education that either implement those sections or otherwise
require teachers to teach in the subject areas or grade levels for
which they are licensed.
A community school may engage persons issued permits under
section 3319.301, 3319.302, or 3319.304 of the Revised Code in the
same manner as may school districts.
Sec. 3314.19. The sponsor of each community school annually
shall provide the following assurances in writing to the
department of education not later than ten business days prior to
the opening of the school:
(A) That a current copy of the contract between the sponsor
and the governing authority of the school entered into under
section 3314.03 of the Revised Code has been filed with the state
office of community schools established under section 3314.11 of
the Revised Code and that any subsequent modifications to that
contract will be filed with the office;
(B) That the school has submitted to the sponsor a plan for
providing special education and related services to students with
disabilities and has demonstrated the capacity to provide those
services in accordance with Chapter 3323. of the Revised Code and
federal law;
(C) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710 and 3301.0715 of the Revised
Code;
(D) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code in
accordance with methods and timelines established under section
3314.17 of the Revised Code;
(E) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(F) That the school will enroll at least the minimum number
of students required by division (A)(11)(a) of section 3314.03 of
the Revised Code in the school year for which the assurances are
provided;
(G) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code, except for
noncertificated persons engaged to teach up to twelve hours per
week pursuant to section 3319.301 3314.101 of the Revised Code;
(H) That the school's fiscal officer is in compliance with
section 3314.011 of the Revised Code;
(I) That the school has complied with section 3319.39 of the
Revised Code with respect to all employees and that the school has
conducted a criminal records check of each of its governing
authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
division (A)(11)(b) of section 3314.03 of the Revised Code, that
the sponsor considers sufficient to indemnify the school's
facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit
to the school for the school year for which the assurances are
provided;
(L) That the school has designated a date it will open for
the school year for which the assurances are provided that is in
compliance with division (A)(25) of section 3314.03 of the Revised
Code;
(M) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
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) of section
3314.03 3314.101 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. 3314.38. (A) Each community school shall maintain in an
orderly manner the complete educational records of each student
who is or has been enrolled in the school. Upon request, the
community school promptly shall forward a student's educational
records to any public or nonpublic school in which the student
enrolls after withdrawing from or completing the highest grade
offered by the community school.
(B) The state board of education shall adopt rules under
Chapter 119. of the Revised Code prescribing the process and forms
for community schools to use when forwarding student educational
records to another school.
Sec. 3314.39. (A) The department of education shall conduct
an on-site visit of each community school at least every three
years to evaluate the school's operations. During each visit, the
department shall do all of the following:
(1) Determine if the school has complied with the terms of
the contract with its sponsor;
(2) Determine if the school has complied with all laws
regarding community school academic and fiscal accountability and
with all other applicable laws and administrative rules;
(3) Corroborate the information reported to the department by
the sponsor under division (D)(3) of section 3314.03 of the
Revised Code;
(4) Review the school's progress in implementing a continuous
improvement plan developed under division (B) of section 3302.04
of the Revised Code, if applicable.
(B) Each on-site visit conducted under this section may
include school tours, classroom observations, and interviews with
administrators, teachers, other school staff, parents, or
students.
(C) Each community school shall provide any data, documents,
or other materials the department considers necessary to enable it
to conduct a thorough on-site visit.
(D) Upon completion of each on-site visit, the department
shall issue a written report summarizing its findings. The
department shall provide a copy of the report to the sponsor and
governing authority of the community school. The sponsor or the
governing authority may submit factual corrections to the
department by a deadline established by the department. Upon
receipt of any factual corrections, the department shall revise
the report and issue a final version. The department shall post
the final version of the report on its web site.
(E) The sponsor of a community school may consider findings
contained in the report issued under division (D) of this section
in deciding whether to place the school in 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 school's contract pursuant to
section 3314.07 of the Revised Code. If the sponsor fails to take
any of these actions that the department determines are warranted
based on the findings in the report, the department may revoke the
sponsor's approval to sponsor community schools in accordance with
division (C) of section 3314.015 of the Revised Code.
(F) Any on-site visit required by this section may be
conducted in conjunction with a site evaluation required under
division (D) of section 3302.04 of the Revised Code.
(G) The state board of education shall adopt rules to
implement this section.
Section 2. That existing sections 3302.03, 3313.672,
3314.012, 3314.015, 3314.03, 3314.19, and 3314.21 of the Revised
Code are hereby repealed.
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