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S. B. No. 332 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 117.11, 3314.03, 3314.072, and
3314.19 and to enact sections 117.103 and 3314.40
of the Revised Code regarding the application of
the Public Records Law and Public Audit Law to
community school sponsors and operators and
sanctions for community schools in arrears on
workers' compensation payments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 117.11, 3314.03, 3314.072, and
3314.19 be amended and sections 117.103 and 3314.40 of the Revised
Code be enacted to read as follows:
Sec. 117.103. (A) As used in this section:
(1) "Community school" means a school established under
Chapter 3314. of the Revised Code.
(2) "Operator" has the same meaning as in section 3314.014 of
the Revised Code.
(B) The auditor of state annually shall audit each community
school operator and each community school sponsor described in
division (C)(1) of section 3314.02 or section 3314.021
of the
Revised Code or Section 6 of Am. Sub. H.B. 364 of the 124th
general assembly. In the case of a nonpublic operator or
sponsor,
the audit shall cover only those accounts, reports,
records, and
files regarding the operator's or sponsor's receipt
or
expenditure
of public funds relating to the operation or
sponsorship of a community school.
Sec. 117.11. (A) Except as otherwise provided in this
division and in sections 117.103, 117.112, and 117.113 of the
Revised Code,
the auditor
of state shall audit
each public
office
at least once
every two
fiscal years. The auditor of state
shall
audit a public
office
each fiscal year if that public
office is
required
to be
audited
on an annual basis pursuant to
"The Single
Audit Act of
1984," 98
Stat. 2327, 31 U.S.C.A. 7501
et seq., as
amended. In
the annual or
biennial audit,
inquiry
shall be made
into the
methods, accuracy,
and legality of
the
accounts,
financial
reports, records, files,
and reports of
the
office,
whether the
laws, rules, ordinances,
and orders
pertaining
to the
office have
been observed, and
whether the
requirements
and rules
of the
auditor of state have
been
complied with.
Except as
otherwise
provided in this division
or
where auditing
standards or
procedures dictate otherwise,
each
audit shall cover at least one
fiscal year. If a public office is
audited only once every two
fiscal years, the audit shall cover
both fiscal
years.
(B) In addition to the annual or biennial audit provided for
in
division (A) of this section, the auditor of state may conduct
an
audit of a public office
at any time
when so requested by the
public office or upon the auditor of state's own
initiative if the
auditor of state has reasonable cause to believe that an
additional audit is in the public interest.
(C)(1) The auditor of state shall identify any public
office
in which the auditor of state will be unable to conduct an
audit
at least once every two fiscal years as required by
division (A)
of this section and shall provide immediate written notice to the
clerk
of the legislative authority or governing board of the
public
office so identified. Within six months of the receipt of
such
notice, the legislative authority or governing board may
engage
an independent certified public accountant to conduct an
audit
pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office
notifies
the auditor of state that an audit is required at a time
prior to
the next regularly scheduled audit by the auditor of
state, the
auditor of state shall either cause an earlier audit
to
be made by
the auditor of state or authorize the legislative
authority or
governing board of the public office to engage an
independent
certified public accountant to conduct the required
audit. The
scope of the audit shall be as authorized by the
auditor of state.
(3) The auditor of state shall approve the scope of an
audit
under division (C)(1) or (2) of this section as set
forth in the
contract for the proposed audit before the contract is
executed on
behalf of the public office that is to be audited.
The independent
accountant conducting an audit under division
(C)(1) or (2) of
this section shall be paid by the public
office.
(D) If a uniform accounting network is established under
section 117.101 of the Revised Code, the auditor of state or a
certified public accountant employed pursuant to this section or
section 115.56 or 117.112 of the Revised Code shall, to the extent
practicable, utilize services offered by the network in order to
conduct efficient and economical audits of public offices.
(E) The auditor of state shall, in accordance with
division
(A)(3) of section 9.65 of the Revised Code and this
section, audit
an annuity program for volunteer fire fighters
established by a
political subdivision under section 9.65 of the
Revised Code. As
used in this section, "volunteer fire fighters"
and "political
subdivision" have the same meanings as in division
(C) of section
9.65 of the Revised Code.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require
financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state, and
the audits shall be conducted in
accordance with
section 117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
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 and the sponsor has
received confirmation from the bureau of workers' compensation
that the school does not owe any workers' compensation premiums
under Chapter 4123. of the Revised Code. 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. 3314.072. The provisions of this section are enacted to
promote the public health, safety, and welfare by establishing
procedures under which the governing authorities of community
schools established under this chapter will be held accountable
for their compliance with the terms of the contracts they enter
into with their school's sponsors and the law relating to the
school's operation. Suspension of the operation of a school
imposed under this section is intended to encourage the governing
authority's compliance with the terms of the school's contract and
the law and is not intended to be an alteration of the terms of
that contract.
(A) If a sponsor of a community school established under
this
chapter suspends the operation of that school pursuant to
procedures set forth in this section, the governing authority
shall not operate that school while the suspension is in effect.
Any such suspension shall remain in effect until the sponsor
notifies the governing authority that it is no longer in effect.
The contract of a school of which operation is suspended under
this section also may be subject to termination or nonrenewal
under section 3314.07 of the Revised Code.
(B) If at any time
conditions at the
school do not comply
with a health and safety standard established
by law for school
buildings or the sponsor determines that the school is more than
one year overdue in its workers' compensation premiums under
Chapter 4123. of the Revised Code, the sponsor shall immediately
suspend
the operation of the school pursuant to procedures set
forth in
division (D) of this section.
If the sponsor fails to
take action
to suspend the operation of a school to which this
division
applies, the department of education may take such
action.
(C)(1) For any of the reasons prescribed in division
(B)(1)(a) to
(d) of section 3314.07 of the Revised Code, the
sponsor of a community school established under this chapter may
suspend the operation of the school only if it first issues to the
governing authority notice of the sponsor's intent to suspend the
operation of the contract. Such notice shall explain the reasons
for the sponsor's intent to suspend operation of the contract and
shall provide the school's governing authority with five business
days to submit to the sponsor a proposal to remedy the conditions
cited as reasons for the suspension.
(2) The sponsor shall promptly review any proposed remedy
timely submitted by the governing authority and either approve or
disapprove the remedy. If the sponsor disapproves the remedy
proposed by the governing authority, if the governing authority
fails to submit a proposed remedy in the manner prescribed by the
sponsor, or if the governing authority fails to implement the
remedy as approved by the sponsor, the sponsor may suspend
operation of the school pursuant to procedures set forth in
division (D) of this section.
(D)(1) If division (B) of this section applies or if the
sponsor of a community school established under this chapter
decides to suspend the operation of a school as permitted in
division (C)(2) of this section, the sponsor shall promptly send
written notice to the governing authority stating that the
operation of the school is immediately suspended, and explaining
the specific reasons for the suspension. The notice shall state
that the governing authority has five business days to submit a
proposed remedy to the conditions cited as reasons for the
suspension or face potential contract termination.
(2) Upon receipt of the notice of suspension prescribed
under
division (D)(1) of this section, the governing authority
shall
immediately notify the employees of the school and the
parents of
the students enrolled in the school of the suspension
and the
reasons therefore, and shall cease all school operations
on the
next business day.
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 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 sponsor has
requested and received from the
bureau of workers' compensation an
accounting of the school's
payment of its annual workers'
compensation premiums under
Chapter 4123. of the Revised Code
through the first day of July
of the school year for which the
assurances are provided;
(N) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
Sec. 3314.40. Each nonpublic operator of a community school
and each nonpublic entity that sponsors a community school shall
comply with section 149.43 of the Revised Code as if it were a
public office with respect to all records pertaining to the
management or sponsorship of the school.
Section 2. That existing sections 117.11, 3314.03, 3314.072,
and 3314.19 of the Revised Code are hereby repealed.
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