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H. B. No. 312 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Combs, Grossman, Huffman, Lehner, Martin, McGregor, Uecker
A BILL
To amend sections 3314.013, 3314.014, 3314.016,
3314.02, 3314.021, 3314.03, 3314.05, 3319.22,
3319.223, and
3319.61 and to enact section
3319.227 of the Revised Code to allow new
Internet- or computer-based community schools to
open
under certain conditions, to require the use
of
student performance data in evaluating
teachers
and principals for licensure, and to
qualify Teach for America participants for a
professional educator license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.013, 3314.014, 3314.016,
3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223, and
3319.61 be amended and section 3319.227 of the Revised Code be
enacted to read as follows:
Sec. 3314.013. (A)(1) Until July 1, 2000, no
more than
seventy-five contracts between start-up schools and the state
board of
education may be in effect outside the pilot project area
at any time under
this chapter.
(2) After July 1, 2000, and until July 1, 2001, no more
than
one
hundred twenty-five contracts between start-up schools and the
state board of
education may be in effect outside the pilot
project area at any time
under this chapter.
(3) This division applies only to contracts between start-up
schools and the state board of education and contracts between
start-up schools and entities described in divisions (C)(1)(b) to
(f) of section 3314.02 of the Revised Code.
Until July 1, 2005, not more than two hundred twenty-five
contracts
to which this
division applies may be in effect at any
time
under
this chapter.
(4) This division applies only to contracts between start-up
schools and entities described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code.
Except as otherwise provided in section 3314.014 of the
Revised Code, after July 1, 2005, and until July 1, 2007, the
number of contracts to which this division applies in effect at
any time under this chapter shall be not more than thirty plus the
number of such contracts with schools that were open for operation
as of May 1, 2005.
(5) This division applies only to contracts between a
conversion school that is an internet- or computer-based community
school or a start-up school and the board of education of the
school district in which the school is or is proposed to be
located.
Except as otherwise provided in section 3314.014 of the
Revised Code,
until July 1, 2007, the number of contracts to which
this division applies in effect at any time under this chapter
shall be not more than thirty plus the number of such contracts
with schools that were open for operation as of May 1, 2005.
(6) Until Except as otherwise provided in division (B) of
this section, until the effective date of any standards enacted by
the general assembly governing the operation of internet- or
computer-based community schools, no internet- or computer-based
community school shall operate unless the school was open for
instruction as of May 1, 2005. No entity described in division
(C)(1) of section 3314.02 of the Revised Code shall enter into a
contract to sponsor an internet- or computer-based community
school, including a conversion school, between May 1, 2005, and
the effective date of any standards enacted by the general
assembly governing the operation of internet- or computer-based
community schools, except as follows:
(a) Any (1) The entity described in division (C)(1) of that
section may renew a contract that the entity entered into with an
internet- or computer-based community school prior to May 1, 2005,
if the school was open for operation as of that date.
(b) Any (2) The entity described in divisions (C)(1)(a) to
(e) of that section may assume sponsorship of an existing
internet- or computer-based community school that was formerly
sponsored by another entity and may enter into a contract with
that community school in accordance with section 3314.03 of the
Revised Code.
(c) Any entity described in division (C)(1)(f) of that
section may assume sponsorship of an existing internet- or
computer-based community school in accordance with division (A)(7)
of this section and may enter into a contract with that community
school in accordance with section 3314.03 of the Revised Code.
If a sponsor entered into a contract with an internet- or
computer-based community school, including a conversion school,
but the school was not open for operation as of May 1, 2005, the
contract shall be void and, except as otherwise provided in
division (B) of this section, the entity shall not enter into
another contract with the school until the effective date of any
standards enacted by the general assembly governing the operation
of internet- or computer-based community schools.
(7) Until July 1, 2005, any entity described in division
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only
a community school that formerly was sponsored by the state board
of education under division (C)(1)(d) of that section, as it
existed prior to April 8, 2003. After July 1, 2005, any such
entity may assume sponsorship of any existing community school,
and may sponsor any new community school that is not an internet-
or computer-based community school. Beginning on the effective
date of any standards enacted by the general assembly governing
the operation of internet- or computer-based community schools,
any such entity may sponsor a new internet- or computer-based
community school.
(8)(B) For each community school that an entity sponsors
that, on or after September 1, 2009, has a rating of in need of
continuous improvement or higher under section 3302.03 of the
Revised Code, the sponsor may enter into a contract to sponsor a
new internet- or computer-based community school, including a
conversion school, in accordance with section 3314.03 of the
Revised Code. Each new start-up school with which the sponsor
enters into a contract under this division shall comply with
division (A) of section 3314.016 of the Revised Code.
(C) Nothing in division (A) of this section prohibits a an
internet- or computer-based community school from increasing the
number of grade levels it offers.
(B)(D) Within twenty-four hours of a request by any person,
the
superintendent of public instruction shall indicate the number
of
preliminary agreements for
start-up schools
currently
outstanding and the number of contracts for these
schools in
effect at the time of the request.
(C) It is the intent of the general assembly to consider
whether
to provide limitations on the number of start-up community
schools after
July 1, 2001, following its examination of the
results of
the studies by the legislative office of education
oversight required under
Section 50.39 of
Am.
Sub.
H.B.
No. 215 of
the 122nd general
assembly and
Section 50.52.2
of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly, as amended
by Am.
Sub.
H.B.
No. 770 of the 122nd general
assembly.
Sec. 3314.014. (A) As used in this chapter, "operator" means
either of the following:
(1)(A) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(2)(B) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B)(1) Notwithstanding the limit prescribed by division
(A)(4) of section 3314.013 of the Revised Code, a start-up school
sponsored by an entity described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code may be established after the
date that limit is reached, provided the school's governing
authority enters into a contract with an operator permitted to
manage the school under division (C) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5)
of section 3314.013 of the Revised Code, a conversion school that
is an internet- or computer-based community school or a start-up
school sponsored by the school district in which the school is or
is proposed to be located may be established after the date that
limit is reached, provided the school's governing authority enters
into a contract with an operator permitted to manage the school
under division (C) of this section. However, a conversion school
that is an internet- or computer-based community school may be
established after that date only if the prohibition prescribed by
division (A)(6) of section 3314.013 of the Revised Code is no
longer in effect.
(C) An operator may enter into contracts with the governing
authorities of community schools established after the date the
limit prescribed by division (A)(4) or (5) of section 3314.013 of
the Revised Code, as applicable, is reached, provided the total
number of schools for which the operator enters into such
contracts, excluding conversion schools that are not internet- or
computer-based community schools, does not exceed the number of
community schools managed by the operator in Ohio or other states
on the applicable date that are rated excellent, effective, or in
need of continuous improvement pursuant to section 3302.03 of the
Revised Code or perform comparably to schools so rated, as
determined by the department of education.
(D) Notwithstanding the limit prescribed by division (A)(4)
of section 3314.013 of the Revised Code, after the date the limit
prescribed in that division is reached, the governing authority of
a start-up school sponsored by an entity described in divisions
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may
establish one additional school serving the same grade levels and
providing the same educational program as the current start-up
school and may open that additional school in the 2006-2007 school
year, if both of the following conditions are met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
Sec. 3314.016. (A) After June 30, 2007, a The governing
authority of each new start-up
school may be established under
this chapter only if the school's
governing authority enters
after June 30, 2007, shall enter into a contract with an operator
that
manages other schools in the United States that perform at a
level
higher than academic watch. The governing authority of the
community school may sign a contract with an operator only if the
operator has fewer contracts with the governing authorities of new
start-up schools established under this chapter after June 30,
2007, than the number of schools managed by the operator in the
United States that perform at a level higher than academic watch,
as determined by the department of education.
However, the
governing authority shall not contract with an operator that
currently manages any community schools in Ohio for which the
department issues annual report cards under section 3314.012 of
the Revised Code, unless the latest report card issued for at
least one of those schools designates a performance rating under
section 3302.03 of the Revised Code of in need of continuous
improvement or higher.
(B) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by an entity
described in divisions (C)(1)(b) to (f) of section 3314.02 of the
Revised Code may establish one additional school serving the same
grade levels and providing the same educational program as the
current start-up school and may open that additional school in the
2007-2008 school year, if both of the following conditions are
met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
(C) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by the big
eight school district in which the school is located may establish
one additional start-up school that is located in the same school
district and that provides a general educational program to
students in any or all of grades kindergarten through five to
facilitate their
transition to the current start-up school, and
may open the
additional start-up school in the 2009-2010 school
year, if both
of the following conditions are met:
(1) The governing authority enters into another contract with
the same sponsor and files a copy of the contract with the
superintendent of public instruction prior to March 15, 2009.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school provided instruction to students for eleven
months in the previous school year.
(b) The school has been in operation for at least two school
years.
(c) The school qualified to be rated in need of continuous
improvement or
higher pursuant to section 3302.03 of the Revised
Code for its
first school year of operation, even though the
department of
education did not issue a report card for the
school for that
school year.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of
education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of
the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand,
as reported pursuant to former division
(A) of section
3317.03 of
the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school
or educational service center building, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based
instructional method that
does not rely on regular classroom
instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community
school.
The proposal
shall be made to the
board of
education of
the city, local,
exempted village, or joint
vocational school
district
in
which the public school is
proposed
to be converted or, in the
case of the conversion of a building
operated by an educational
service center, to the governing board
of the service center.
Upon
receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school or service center
building, indicating the
intention
of the board
to
support the
conversion to a
community school. A
proposing
person or group
that has a
preliminary
agreement under
this
division may proceed
to finalize
plans for the school,
establish a
governing authority
for the
school, and negotiate a
contract with
the board.
Provided
the proposing
person or group
adheres to the
preliminary
agreement and all
provisions of this
chapter, the board shall
negotiate
in good faith to
enter into a
contract
in accordance
with section
3314.03 of the
Revised Code
and
division (C) of
this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in
section
3345.011 of the Revised Code
or the board of
trustees
itself
as
long as a mission of the proposed school to be specified
in the
contract under division (A)(2) of section 3314.03 of the
Revised
Code and as approved by the department of education under
division
(B)(2) of section 3314.015 of the Revised Code will be
the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3)
of the Internal Revenue Code as long as all of the
following
conditions are satisfied:
(i) The entity has been in operation for at least five
years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity
described in division (C)(1) of this
section may
enter
into a
preliminary agreement
pursuant
to
division (C)(2) of
this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an
entity described in division (C)(1)
of this section
to
sponsor the
community school. A proposing person or
group that
has such a
preliminary agreement may proceed to
finalize plans for
the
school, establish a governing authority
as described in
division
(E) of this section
for the school, and
negotiate a
contract with
the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in
accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school or educational service center building to a
community
school or establish the new
start-up school. Beginning
September 29, 2005, adoption of the
contract shall occur not
later than the fifteenth day of March,
and signing of the
contract shall occur not later than the
fifteenth day of May,
prior to the school year in which the school
will open. The
governing authority shall notify the department of
education when
the contract has been signed. Subject to sections
3314.013,
3314.014, 3314.016, and 3314.017 of the Revised
Code, an
unlimited number
of
community schools
may be
established
in any
school district
provided that a contract is
entered into
for each
community school
pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or
operate
the community school under contract with the governing
authority
so long as the person owes the state any money or is in
a dispute
over whether the person owes the state any money
concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any nonprofit or for-profit operator of
a community school, unless at least one year has elapsed since the
conclusion of
the person's membership.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June
29,
1999, and is located in a county contiguous to the pilot
project
area and in a school district that is not a challenged
school
district may continue to operate after that date, provided
the
school complies with all provisions of this chapter. The
contract
between the school's governing authority and the
school's sponsor
may be renewed, but no additional start-up
community school may be
established in that district unless the
district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school
that is not
located in a county
within the territory of the
service center or
in a county
contiguous to such county may
continue to sponsor that
community
school on and after June 30, 2007,
and may renew its
contract
with the school. However, the
educational service center
shall
not enter into a contract with
any additional community
school
unless the school is located in a
county within the
territory of
the service center or in a county
contiguous to such
county.
Sec. 3314.021. (A) This section applies to any entity that
is
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code and that satisfies the conditions specified in
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the
Revised Code but does not satisfy the condition specified in
division (C)(1)(f)(i) of that section.
(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02
of the Revised Code, an entity described in division (A) of this
section may do both of the following without obtaining the
department of education's initial approval of its sponsorship
under divisions (A)(2) and (B)(1) of section 3314.015 of
the
Revised Code:
(1) Succeed the board of trustees of a state university
located in the pilot project area or that board's designee as the
sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with
the
terms of the contract between the board of trustees or its
designee and the governing authority of the community school and
renew that contract as provided in division (E) of section
3314.03
of the Revised Code.
(C) The entity that succeeds the board of trustees or the
board's designee as sponsor of a community school under division
(B) of this section also may enter into
contracts to sponsor
other community schools located in any challenged school district,
without obtaining the department's initial approval of its
sponsorship of those schools under divisions (A)(2) and
(B)(1) of
section 3314.015 of the Revised Code, and not subject to
the
restriction of division (A)(7) of section 3314.013 of the
Revised
Code, as long as the contracts conform with and the entity
complies with all other requirements of this chapter.
(D) Regardless of the entity's authority to sponsor community
schools without the initial approval of the department, the entity
is under the continuing oversight of the department in accordance
with rules adopted under section 3314.015 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
assessments;
(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.
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, 3313.6015,
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,
3313.719,
3313.80, 3313.86,
3313.96,
3319.073,
3319.321,
3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 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 educational service center
building or is to be a new start-up
school, and if it is a
converted public school or service center building, specification
of
any duties or
responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating
to the
governing authority 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 sections 3302.04 and
3302.041 of the
Revised Code, except that any action required
to
be taken by a school
district pursuant to those
sections 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 section 3302.04 of the Revised Code.
(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 or educational service center building, alternative
arrangements
for current public school
students who choose
not to
attend the converted school and for teachers who
choose not to
teach in
the school or building 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. 3314.05.
(A) The contract between the community school
and the sponsor
shall specify the facilities to be used for the
community school
and the
method of acquisition. Except as provided
in
division
(B)(3) of this section, no community school shall be
established
in more than one school district under the same
contract.
(B) Division (B) of this section shall not apply to
internet- or
computer-based community schools.
(1) A community school may be located in multiple
facilities
under the
same contract only if the limitations on
availability
of
space
prohibit serving all the grade levels
specified in the
contract in
a
single facility or division (B)(2) or (3) of this
section applies to the school. The school shall
not offer the
same grade
level classrooms
in more than one
facility.
(2) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade
level to
multiple facilities, as long as all of the following
apply:
(a) The governing authority of the community school filed a
copy of its contract with the school's sponsor under section
3314.03 of the Revised Code with the superintendent of public
instruction on or before May 15, 2008.
(b) The school was not open for operation prior to July 1,
2008.
(c) The governing authority has entered into and maintains a
contract with an operator of the type described in division
(A)(2)(B)
of section 3314.014 of the Revised Code.
(d) The contract with that operator qualified the school to
be established pursuant to division (A) of section 3314.016 of the
Revised Code.
(e) The school's rating under section 3302.03 of the Revised
Code does not fall below "in need of continuous improvement" for
two or more consecutive years.
(3) A new start-up
community school may be established in
two
school districts under
the same contract if all of the
following
apply:
(a) At least one of the school districts in which the school
is established is a challenged school district;
(b) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level classrooms
in both facilities; and
(c) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as measured
by school bus.
In the case of a community school to which division (B)(3) of
this section applies, if only one of the school districts in which
the school is established is a challenged school district, that
district shall be considered the school's primary location and the
district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter. If both of the school districts in which the school
is established are challenged school districts, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of those divisions and all
other purposes of this chapter and shall notify the department of
education of that designation.
(4) Any facility used for a community school shall
meet all
health and safety standards established by law for school
buildings.
(C) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service
center, the facility may not be used
for such community
school unless the district or service center board
owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be
under any terms
and conditions agreed to by the district or service center
board
and the school.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years,
except that the state board, on a case-by-case basis,
may extend
the license's duration as necessary to enable the
license holder
to complete the Ohio teacher residency program
established under
section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories,
types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an
institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code;
(c) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an
institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code;
(d) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an
institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for
a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code;
(e) Demonstrate that students in the applicant's classroom
have achieved the applicable value-added measure specified in
division (D) of this section.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
The rules adopted under this section
for obtaining a principal license shall require that an applicant,
as a condition of qualifying for the license, demonstrate that
students in the applicant's classroom have achieved the applicable
value-added
measure specified in division (D) of this section, if
the applicant is a classroom teacher seeking issuance of a new
principal license, or that students in the applicant's building
have achieved the applicable value-added measure specified in that
division, if the applicant is a
principal seeking renewal of a
principal license.
(D) For the purpose of evaluating applicants for teacher and
principal licenses under divisions (B) and (C) of this section,
the state board shall use the following value-added measure:
(1) For teachers who provide instruction to students in
reading or mathematics in any of grades four to eight, one
standard year of academic growth for the applicable grade level,
as determined by the department of education in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code, in each of those subject areas in which the teacher
provides instruction;
(2) For teachers who provide instruction in a course for
which an end-of-course examination has been selected under section
3301.0712 of the Revised Code, a standardized measure of
improvement in student achievement designated by
the
superintendent of public instruction as applied to
performance on
that examination by students enrolled in the
teacher's course. If
a teacher provides instruction in more than
one course for which
an end-of-course examination has been
selected, the measure shall
account for student
performance on each end-of-course examination
administered in a
course taught by the teacher.
(3) For teachers to whom divisions (D)(1) and (2) of this
section do not apply, a value-added measure designated by the
superintendent of public instruction;
(4) For principals of schools in which a majority of the
grades offered are in the range from grade four to grade eight,
one standard year of academic growth in reading and mathematics
for each such grade level offered by the school, as determined by
the department in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code;
(5) For principals of schools in which a majority of the
grades offered are in the range from grade nine to grade twelve, a
standardized measure of improvement in student achievement
designated by the superintendent of public
instruction as applied
to student performance on all
end-of-course examinations selected
under section 3301.0712 of the
Revised Code that are administered
by the school;
(6) For principals to whom divisions (D)(4) and (5) of this
section do not apply, a value-added measure designated by the
superintendent of public instruction.
(E) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E)(F) Any rules the state board of education adopts, amends,
or
rescinds for
educator licenses under this section, division
(D)
of
section 3301.07 of the
Revised Code, or any other law
shall be
adopted, amended, or rescinded under
Chapter 119. of the
Revised
Code
except as follows:
(1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, in the case
of the adoption of any rule or the
amendment or rescission of any
rule that necessitates institutions' offering preparation
programs for educators and other school personnel that are
approved by the chancellor of the Ohio
board of regents under
section 3333.048 of the Revised
Code to revise the curriculum of
those programs, the effective
date shall not be as prescribed in
division
(D) of section
119.03
and division (A)(1) of section
119.04 of the
Revised Code.
Instead, the
effective date of such
rules, or the amendment or
rescission of such rules,
shall be
the
date prescribed
by
section
3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or
rescind
emergency
rules in division (F) of section 119.03 of the
Revised
Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses.
(F)(G)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules
shall establish a
procedure
by which a teacher may appeal the decision of a
local
professional
development committee.
(2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (F)(G)(2) of
this section.
Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated.
Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected.
Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees.
If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (F)(G)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements.
(4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan.
(G)(H)(1) The department of education, educational service
centers,
county boards of developmental
disabilities, regional
professional development centers, special
education regional
resource centers, college and university
departments of education,
head start programs, the eTech Ohio
commission, and the Ohio
education computer network may establish
local professional
development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under
this section or section
3319.222 of the Revised
Code, or under the
former version of either section as it existed
prior to the
effective date of this amendment October 16, 2009, meet the
requirements of the
rules adopted under this
section. They may
establish local professional
development
committees on their own
or in
collaboration with a school district
or other agency having
authority to
establish them.
Local professional development committees established by
county
boards of developmental disabilities
shall be
structured in
a manner comparable to the structures
prescribed for
school
districts in divisions (F)(G)(2) and (3) of
this section, as
shall
the committees established by any other
entity specified in
division (G)(H)(1) of this section that
provides
educational
services by employing or contracting for
services of
classroom
teachers
licensed or
certificated under this
section or
section
3319.222 of the Revised
Code, or under the
former version
of
either section as it existed prior to the
effective date of
this
amendment October 16, 2009. All other entities
specified in
division (G)(H)(1)
of this
section shall structure their
committees
in accordance
with guidelines
which shall be issued
by
the state
board.
(2) Any public agency that is not specified in division
(G)(H)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code, or under the former version of either section as it
existed prior to the effective date of this amendment October 16,
2009, may
establish a local professional development
committee,
subject to
the approval of the department of education.
The
committee shall
be structured in
accordance with guidelines
issued
by the state
board.
Sec. 3319.223. (A) Not later than January 1, 2011, the
superintendent of public instruction and the chancellor of the
Ohio board of regents jointly shall establish the Ohio teacher
residency program, which shall be a four-year, entry-level program
for classroom teachers. The teacher residency program shall
include at least the following components:
(1) Mentoring by teachers who hold a lead professional
educator license issued under section 3319.22 of the Revised Code;
(2) Counseling to ensure that program participants receive
needed professional development;
(3) Use of measures of student academic gain to evaluate the
effectiveness of program participants;
(4)
Measures of appropriate progression through the program.
(B) The teacher residency program shall be aligned with the
standards for teachers adopted by the state board of education
under section 3319.61 of the Revised Code and best practices
identified by the superintendent of public instruction.
(C) Each person who holds a resident educator license issued
under section 3319.22 of the Revised Code or an alternative
resident educator license issued under section 3319.26 of the
Revised Code shall participate in the teacher residency program.
Successful completion of the program shall be required to qualify
any such person for a professional educator license issued under
section 3319.22 of the Revised Code.
Sec. 3319.227. Notwithstanding any other provision of the
Revised Code or any rule adopted by the state board of education
to the contrary, the state board shall issue an initial
professional educator license under section 3319.22 of the Revised
Code to any applicant who has completed at least two years of
teaching in another state as a participant in the teach for
America program.
Sec. 3319.61. (A) The educator standards board, in
consultation with the chancellor of the Ohio board of regents,
shall do all of the following:
(1) Develop state standards for teachers and principals that
reflect what teachers and principals are expected to know and be
able to do at all stages of their careers. These standards shall
be aligned with the statewide academic content standards for
students adopted pursuant to section 3301.079 of the Revised Code,
be primarily based on educator performance instead of years of
experience or certain courses completed, and rely on
evidence-based factors. These standards shall
also be aligned
with the operating standards adopted under
division (D)(3) of
section 3301.07 of the Revised Code.
(a) The standards for teachers shall reflect the following
additional criteria:
(i) Alignment with the interstate new teacher assessment and
support consortium standards;
(ii) Differentiation among novice, experienced, and advanced
teachers;
(iii) Reliance on competencies that can be measured;
(iv) Reliance on content knowledge, teaching skills,
discipline-specific teaching methods, and requirements for
professional development;
(v) Alignment with a career-long system of professional
development and evaluation that ensures teachers receive the
support and training needed to achieve the teaching standards as
well as reliable feedback about how well they meet the standards;
(vi) The standards under
section 3301.079 of the Revised
Code, including standards on
collaborative learning environments
and interdisciplinary,
project-based, real-world learning and
differentiated instruction;
(vii) The Ohio leadership framework.
(b) The standards for principals shall be aligned with the
interstate school leaders licensing consortium standards.
(2) Develop standards for school district superintendents
that reflect what superintendents are expected to know and be able
to do at all stages of their careers. The standards shall reflect
knowledge of systems theory and effective management principles
and be aligned with the buckeye association of school
administrators standards and the operating
standards developed
under division (D)(3) of section 3301.07 of
the Revised Code.
(3) Develop standards for school district treasurers and
business managers that reflect what treasurers and business
managers are expected to know and be able to do at all stages of
their careers. The standards shall reflect knowledge of systems
theory and effective management principles and be aligned with the
association of school business officials international standards
and the operating
standards developed under division (D)(3) of
section 3301.07 of
the Revised Code.
(4) Develop standards for the renewal of licenses
under
sections 3301.074 and 3319.22 of the Revised Code;
(5) Develop standards for educator professional
development;
(6) Investigate and make recommendations for the creation,
expansion, and implementation of school building and school
district leadership academies.
The superintendent of public instruction, the chancellor of
the Ohio board of regents, or the education standards board itself
may request that the educator standards board update, review, or
reconsider any standards developed under this section.
(B) The educator standards board shall incorporate indicators
of cultural competency into the standards developed under division
(A) of this section. For this purpose, the educator standards
board shall develop a definition of cultural competency based upon
content and experiences that enable educators to know, understand,
and appreciate the students, families, and communities that they
serve and skills for addressing cultural diversity in ways that
respond equitably and appropriately to the cultural needs of
individual students.
(C) In developing the standards under division (A) of this
section, the educator standards board shall consider the impact of
the standards on closing the achievement gap between students of
different subgroups.
(D) In developing the standards under division (A) of this
section, the educator standards board shall ensure both of
the
following:
(1) That teachers have sufficient knowledge to
provide
appropriate instruction for students identified as gifted
pursuant to Chapter 3324. of the Revised Code and to assist in the
identification of such students, and have sufficient knowledge
that will enable teachers to provide learning opportunities for
all children to succeed;
(2) That principals, superintendents, school treasurers, and
school business managers have sufficient knowledge to provide
principled, collaborative, foresighted, and data-based leadership
that will provide learning opportunities for all children to
succeed.
(E) The standards for educator professional development
developed under division (A)(5) of this section shall include
the
following:
(1) Standards for the inclusion of local professional
development committees established under section 3319.22 of the
Revised Code in the planning and design of professional
development;
(2) Standards that address the crucial link between academic
achievement and mental health issues.
(F)
The educator standards board shall also perform the
following functions:
(1) Monitor compliance with the
standards developed under
division (A) of this section and make
recommendations to the
state board of education for appropriate
corrective action if
such standards are not met;
(2) Research, develop, and recommend policies on the
professions of teaching and school administration;
(3) Recommend policies to close the achievement gap
between
students of different subgroups;
(4) Define a "master teacher" in a manner that can be used
uniformly by all school districts;
(5) Adopt criteria that a
candidate for a lead professional
educator license under section
3319.22 of the Revised Code who
does not hold a valid certificate
issued by the national board
for professional teaching standards
must meet to be considered a
lead teacher for purposes of division
(B)(4)(d) of that section.
It is the intent of the general
assembly that the educator
standards board shall adopt
multiple, equal-weighted criteria to
use in determining whether a
person is a lead teacher.
The
criteria shall be in
addition to the other standards and
qualifications prescribed in
division (B)(4) of section 3319.22
of
the Revised Code. The
criteria may include, but shall not be
limited to, completion of
educational levels beyond a
master's
degree or other
professional development courses or demonstration
of a
leadership role in the teacher's
school building or
district. The
board shall determine the number
of criteria that
a teacher shall
satisfy to be recognized as a
lead teacher,
which shall
not be the total number of
criteria adopted by the
board.
(6) Develop model teacher and principal evaluation
instruments and processes. The models shall be based on the
standards developed under division (A) of this section.
(7) Develop a method of measuring the academic improvement
made by individual students during a one-year period and make
recommendations for incorporating the measurement as one of
multiple evaluation criteria into each of the following:
(a) Eligibility for a professional educator license, senior
professional educator license, lead professional educator license,
or principal license issued under section 3319.22 of the Revised
Code;
(b) The Ohio teacher residency program established under
section 3319.223 of the Revised Code;
(c) The model teacher and principal evaluation instruments
and processes developed under division (F)(6) of this section and
student performance over time as determined by value-added data
and other standardized evidence of student achievement gains.
(G) The educator standards board shall submit recommendations
of standards developed under division (A) of this section to the
state board of education not later than September 1, 2010.
The
state board of education shall review those recommendations at
the state board's regular meeting that next succeeds the date that
the recommendations are submitted to the state board. At that
meeting, the state board of education shall vote to either adopt
standards based on those recommendations or request that the
educator standards board reconsider its recommendations. The state
board of education shall articulate reasons for requesting
reconsideration of the recommendations but shall not direct the
content of the recommendations. The educator standards board shall
reconsider its recommendations if the state board of education so
requests, may revise the recommendations, and shall resubmit the
recommendations, whether revised or not, to the state board not
later than two weeks prior to the state board's regular meeting
that next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations. The state board of
education shall review the recommendations as resubmitted by the
educator standards board at the state board's regular meeting that
next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations and may adopt the
standards as resubmitted or, if the resubmitted standards have not
addressed the state board's concerns, the state board may modify
the standards prior to adopting them. The state board shall adopt
standards under this section in accordance with Chapter 119. of
the Revised Code. The final responsibility to
determine whether
to adopt standards as described in division (A)
of this section
and the content of those standards, if adopted,
belongs solely to
the state board of education.
Section 2. That existing sections 3314.013, 3314.014,
3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22,
3319.223,
and 3319.61 of the Revised Code are hereby repealed.
Section 3. Section 3314.014 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 79 and Am. Sub. H.B. 276 of
the 126th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 4. Section 3319.22 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 1 and Sub. S.B. 79 of
the 128th General
Assembly. The
General Assembly, applying the
principle stated in
division (B)
of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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