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Sub. H. B. No. 290 As Reported by the Senate Education CommitteeAs Reported by the Senate Education Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Bubp, Pryor
Cosponsors:
Representatives Adams, J., Adams, R., Balderson, Blair, Burke, Daniels, Derickson, Domenick, Fende, Gardner, Grossman, Hackett, Huffman, Jordan, Lehner, Letson, Luckie, Maag, Martin, McGregor, Mecklenborg, Morgan, Murray, Okey, Pillich, Ruhl, Sears, Snitchler, Stebelton, Uecker, Wagner, Williams, B., Yuko, Driehaus, Garland, Gerberry, Harris, Lundy, Moran, Phillips, Weddington, Evans, Hite, Bacon, Boose, Brown, Carney, Combs, DeBose, Dyer, Goyal, Harwood, Mandel, McClain, Patten, Skindell, Slesnick, Winburn, Zehringer
Senators Cates, Schuring, Fedor
A BILL
To amend sections 3306.51, 3306.53, 3306.54, 3306.55,
3306.58, 3313.603, 3314.028, and 3314.35 and to
enact section 3306.59 of the Revised Code to
include Junior ROTC as a permitted elective within
the Ohio Core curriculum, to permit schools to
excuse Junior ROTC students from high school
physical education, to clarify the conditions
under which a community school must close for poor
academic performance, to specify conditions under
which certain community schools may obtain new
sponsors, to extend the deadline for certain
school districts to secure voter approval of bonds
and tax levies for the districts' shares of
state-assisted classroom facilities projects, to
make performance of the Harmon Commission's duties
contingent on the availability of funding, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3306.51, 3306.53, 3306.54, 3306.55,
3306.58, 3313.603, 3314.028, and 3314.35 be amended and section
3306.59 of the Revised Code be enacted to read as follows:
Sec. 3306.51. The Harmon commission shall review and approve
or disapprove applications from city, exempted village, and local
school districts and community schools established under Chapter
3314. of the Revised Code for individual classrooms to be
designated as creative learning environments. To be eligible for
designation of one or more of its classrooms as a creative
learning environment, a community school shall enter into a
memorandum of understanding, approved by the department of
education, with one or more school districts that specifies a
collaborative agreement to share programming and resources to
promote successful academic achievement for students and academic
and fiscal efficiencies.
The commission shall designate a classroom as a creative
learning environment if the commission determines that the
classroom supports and emphasizes innovation in instruction
methods and lesson plans and operates in accordance with the
guidelines adopted by the state board of education under section
3306.52 of the Revised Code. Beginning July 1, 2010, a A district
or community school that has a classroom that is designated a
creative learning environment may qualify for a grant or subsidy
awarded by the commission under section 3306.58 of the Revised
Code.
Sec. 3306.53. From January 1, 2010, through April 14, 2010,
The superintendent of public instruction shall establish an
application period during which a city, exempted village, or local
school district and a community school may submit to the Harmon
commission an unlimited number of applications for first-time
designation of individual classrooms as creative learning
environments. No applications may be submitted between April 15,
2010, and July 1, 2010. After July 1, 2010 After that application
period, each city, exempted village, or local school district and
each eligible community school may submit only one application per
fiscal year for first-time designation of one classroom as a
creative learning environment.
Sec. 3306.54. Not later than the first day of May each year
Following the end of the initial application period established
under section 3306.53 of the Revised Code, the Harmon commission
shall begin meeting meet to review pending applications for
first-time designations submitted under that section
3306.53 of
the Revised Code. The commission shall approve or disapprove all
pending applications by the first day of July not later than two
months after the end of the application period. The decision of
the commission is final.
Sec. 3306.55. (A) The Harmon commission's first-time
designation of a classroom as a creative learning environment is
valid for one the first full fiscal year following approval of the
application under section 3306.54 of the Revised Code. A school
district or community school may apply to have the designation
renewed. The commission shall renew the designation for the next
two fiscal years if the school district or community school
applies for the renewal and the commission finds that the
classroom continues to meet the guidelines adopted under section
3306.52 of the Revised Code. The commission shall not renew the
designation if the school district or community school does not
apply for renewal or if the commission determines that the
classroom no longer meets those guidelines.
(B) At the end of a two-year renewal granted under division
(A) of this section, and every two fiscal years thereafter, the
designation of a classroom as a creative learning environment is
automatically renewed, without need for application, for the next
two fiscal years, unless the designation is revoked under division
(C) of this section.
(C) If the department of education at any time finds that the
classroom is no longer operating in accordance with the standards
adopted under section 3306.52 of the Revised Code, the department
shall appeal the designation to the commission not later than the
fifteenth day of February. The commission shall review the
operation of the classroom and either continue the designation or
revoke the designation. A revocation shall take effect on the
first day of July following the department's appeal.
(D) The decision of the commission under divisions (A) to (C)
of this section is final.
(E) If the commission does not renew a designation of a
classroom under division (A) of this section or revokes that
designation under division (C) of this section, the district or
community school may reapply for designation of the classroom
under section 3306.53 of the Revised Code. That application shall
be treated as a new application for first-time designation.
Sec. 3306.58. Beginning July 1, 2010, to To the extent the
Harmon commission determines that sufficient funds are available,
the commission may award grants or stipends to school districts
and community schools that have one or more of their classrooms
designated as creative learning environments under section 3306.51
of the Revised Code. The commission shall adopt procedures for
application for and the award of grants or stipends under this
section.
Sec. 3306.59. Sections 3306.50 to 3306.58 of the Revised
Code shall be implemented unless the general assembly does not
appropriate funds to perform the duties prescribed by those
sections or the superintendent of public instruction determines
that sufficient funds are not available for that purpose.
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;
(b) Life 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
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
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,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, 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 and the chancellor of the Ohio board of regents
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 department of education, in collaboration with the
the
chancellor of 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 department 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 assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division (E)(6) of section 3301.0712 of the Revised Code,
division (B)(2) of that section.
(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. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and 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
chancellor of the Ohio board of regents, 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 or in the junior reserve officer training
corps for at least two full school years. 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.
In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
Sec. 3314.028. (A) Notwithstanding any provision of this
chapter to the contrary, beginning in the 2009-2010 school year, a
community school that meets the following conditions may operate
from the facility in which the school was located in the 2008-2009
school year and shall not be required to locate to another school
district:
(A)(1) The school was located in the facility for at least
the three school years prior to the 2009-2010 school year.
(B)(2) The school's sponsor is a school district that is
adjacent to the school district in which the school is located.
(C)(3) The school's education program emphasizes serving
students identified as gifted under Chapter 3324. of the Revised
Code.
(D)(4) The school has been rated in need of continuous
improvement or higher under section 3302.03 of the Revised Code
for the previous three school years.
(B) Notwithstanding any provision of this chapter to the
contrary, a community school described in division (A) of this
section may operate as a conversion school.
(C) Notwithstanding any provision of this chapter to the
contrary, in accordance with section 3314.03 of the Revised Code,
the governing authority of a community school described in
division (A) of this section may enter into a contract for the
2010-2011 school year and later with a different sponsor that is
one of the following entities, provided the school was rated in
need of continuous improvement or better under section 3302.03 of
the Revised Code for the 2008-2009 school year and the sponsor
described in division (A)(2) of this section approves the change
in sponsorship:
(1) The board of education of a city, exempted village,
local, or joint vocational school district;
(2) The governing board of an educational service center;
(3) A sponsoring authority designated by the board of
trustees of a state university listed in section 3345.011 of the
Revised Code or the board of trustees itself.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008, but before
July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(3) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
(D) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(2) of this section. The
department shall reevaluate each community school that the
department directed to close at the conclusion of the 2009-2010
school year to determine if the school still meets the criteria
prescribed by division (A)(2) of this section when the school's
performance ratings for its first two years of operation are not
considered and, if the school no longer meets those criteria, the
department shall not require the school to close at the conclusion
of that school year.
Section 2. That existing sections 3306.51, 3306.53, 3306.54,
3306.55, 3306.58, 3313.603, 3314.028, and 3314.35 of the Revised
Code are hereby repealed.
Section 3. (A) This section applies to any school district
for which the following conditions are satisfied:
(1) In 2009, the Ohio School Facilities Commission allocated
to the district a share of qualified school construction bonds
under Division B, Title I, Subtitle F, Part III, Section 1521 of
the American Recovery and Reinvestment Act of 2009, 26 U.S.C. 54F,
in the group of districts designated by the Commission as "Pool
B."
(2) The district is undertaking a classroom facilities
project under sections 3318.01 to 3318.20 of the Revised Code,
which project was conditionally approved by the Commission between
July 1, 2008, and July 31, 2009.
(3) The district requested approval for the issuance of bonds
and related tax levies to pay the district's portion of the cost
of the project described in division (A)(2) of this section in a
question submitted to the district's electors at an election held
on November 3, 2009, and the electors disapproved the issuance of
those bonds and the related tax levies by a margin of less than
three per cent of the total votes cast on that question.
(B) Notwithstanding anything to the contrary in section
3318.05 of the Revised Code, and notwithstanding Section 385.70 of
Am. Sub. H.B. 1 of the 128th General Assembly, for each school
district to which this section applies and whose project was
conditionally approved in July 2008, the conditional approval of
the district's project described in division (A)(2) of this
section shall lapse and the amount reserved and encumbered for the
project shall be released on June 30, 2010, unless the district
electors prior to that date approve the issuance of bonds and the
related tax levies to pay the district's portion of the cost of
the district's project. If the project lapses under Section 385.70
of Am. Sub. H.B. 1 of the 128th General Assembly prior to the
effective date of this section, the Commission shall treat that
project as if it had not lapsed. Thereafter, the project shall be
subject to the lapse provision prescribed in this division.
(C) Notwithstanding anything to the contrary in section
3318.05 of the Revised Code, for each school district to which
this section applies and whose project was conditionally approved
between August 1, 2008, and July 31, 2009, the conditional
approval of the district's project described in division (A)(2) of
this section shall lapse and the amount reserved and encumbered
for the project shall be released on December 31, 2010, unless the
district electors prior to that date approve the issuance of bonds
and the related tax levies to pay the district's portion of the
cost of the district's project. If the project lapses under
section 3318.05 of the Revised Code prior to the effective date of
this section, the Commission shall treat that project as if it had
not lapsed. Thereafter, the project shall be subject to the lapse
provision prescribed in this division.
(D) If the conditional approval for a district's project
under sections 3318.01 to 3318.20 of the Revised Code lapses and
the amount reserved and encumbered for the project is released on
the applicable date prescribed by this section, after that date,
the district shall be given first priority for project funding as
such funding becomes available in accordance with section 3318.05
of the Revised Code.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
provide school districts using federally qualified school
construction bonds additional time to secure voter approval for
state-assisted classroom facilities projects without an
intervening lapse of project conditional approval. Therefore, this
act shall go into immediate effect.
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