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H. B. No. 500 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Pryor, DeGeeter, Letson, Chandler, Hagan
A BILL
To amend sections 3313.60, 3313.6011, 3314.03, and
3326.11 and to enact sections 5.2266, 3301.24, and
3313.6016 of the Revised Code to require public
schools to provide concentrated instruction in
substance abuse prevention during May, to require
the State Board of Education to adopt guidelines
for the development of a substance abuse
prevention curriculum, and to designate May as
"Substance Abuse Awareness and Education Month."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.60, 3313.6011, 3314.03, and
3326.11 be amended and sections 5.2266, 3301.24, and 3313.6016 of
the Revised Code be enacted to read as follows:
Sec. 5.2266. The month of May is designated as "substance
abuse awareness and education month."
Sec. 3301.24. The state board of education shall adopt
guidelines to assist schools in developing the substance abuse
education instruction required by section 3313.6016 of the Revised
Code. The guidelines shall include principles for developing
age-appropriate examinations or final projects to be included in a
concentrated substance abuse education program. The board may
develop guidelines for the public display of a student's final
project completed during the program. The department of education
shall provide on its web site links to free curricula relating to
substance abuse education.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code.
(A) The board of education of each city and exempted village
school district, the governing board of each educational service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing, spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio,
and national, state, and local government in the United States,
including a balanced presentation of the relevant contributions to
society of men and women of African, Mexican, Puerto Rican, and
American Indian descent as well as other ethnic and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c)(b) Venereal disease education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in venereal disease education;
(d)(c) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in personal safety and assault
prevention;
(e)(d) In grades seven through twelve, age-appropriate
instruction in dating violence prevention education, which shall
include instruction in recognizing dating violence warning signs
and characteristics of healthy relationships.
In order to assist school districts in developing a dating
violence prevention education curriculum, the department of
education shall provide on its web site links to free curricula
addressing dating violence prevention.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence prevention
instruction materials used at that school, the principal, within a
reasonable period of time after the request is made, shall allow
the parent or guardian to examine those materials at that school.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention, except
that upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in
cardiopulmonary resuscitation;
(9) In grades kindergarten through twelve, age-appropriate
concentrated substance abuse education instruction in accordance
with section 3313.6016 of the Revised Code.
(B) Except as provided in division (E) of this section, every
school or school district shall include in the requirements for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by the board, are able to
demonstrate mastery of essential concepts and skills of the eighth
grade American history course of study.
(C) Except as provided in division (E) of this section, every
high school shall include in the requirements for graduation from
any curriculum one unit of American history and government,
including a study of the constitutions of the United States and of
Ohio.
(D) Except as provided in division (E) of this section, basic
instruction in geography, United States history, the government of
the United States, the government of the state of Ohio, local
government in Ohio, the Declaration of Independence, the United
States Constitution, and the Constitution of the state of Ohio
shall be required before pupils may participate in courses
involving the study of social problems, economics, foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each model
curriculum developed pursuant to section 3301.079 of the Revised
Code, which copies shall be available at all times during school
hours in each district school building.
Sec. 3313.6011. (A) As used in this section, "sexual
activity" has the same meaning as in section 2907.01 of the
Revised Code.
(B) Instruction in venereal disease education pursuant to
division (A)(5)(c)(b) of section 3313.60 of the Revised Code shall
emphasize that abstinence from sexual activity is the only
protection that is one hundred per cent effective against unwanted
pregnancy, sexually transmitted disease, and the sexual
transmission of a virus that causes acquired immunodeficiency
syndrome.
(C) In adopting minimum standards under section 3301.07 of
the Revised Code, the state board of education shall require
course material and instruction in venereal disease education
courses taught pursuant to division (A)(5)(c)(b) of section
3313.60 of the Revised Code to do all of the following:
(1) Stress that students should abstain from sexual activity
until after marriage;
(2) Teach the potential physical, psychological, emotional,
and social side effects of participating in sexual activity
outside of marriage;
(3) Teach that conceiving children out of wedlock is likely
to have harmful consequences for the child, the child's parents,
and society;
(4) Stress that sexually transmitted diseases are serious
possible hazards of sexual activity;
(5) Advise students of the laws pertaining to financial
responsibility of parents to children born in and out of wedlock;
(6) Advise students of the circumstances under which it is
criminal to have sexual contact with a person under the age of
sixteen pursuant to section 2907.04 of the Revised Code;
(7) Emphasize adoption as an option for unintended
pregnancies.
(D) Any model education program for health education the
state board of education adopts shall conform to the requirements
of this section.
(E) On and after March 18, 1999, and notwithstanding section
3302.07 of the Revised Code, the superintendent of public
instruction shall not approve, pursuant to section 3302.07 of the
Revised Code, any waiver of any requirement of this section or of
any rule adopted by the state board of education pursuant to this
section.
Sec. 3313.6016. The board of education of each school
district shall provide substance abuse education instruction to
every student in grades kindergarten through twelve. The
instruction shall include a concentrated substance abuse
prevention program during the second and third full weeks in May
of each year. During this two-week period, every student in grades
kindergarten through nine shall receive a minimum of sixteen hours
of instruction in substance abuse prevention, and every student in
grades ten through twelve shall receive a minimum of eight hours
of such instruction. The instruction may be integrated into the
health curriculum and any other area of study determined
appropriate by the board. The instruction shall include the
following elements, to the extent determined by the board to be
appropriate for the age and grade level of the district's
students:
(A) Instruction discouraging the use of alcohol, tobacco, and
controlled substances;
(B) Information on the physiological, psychological, and
sociological effects of substance abuse;
(C) Information on the resources available for individuals
with chemical dependency problems;
(D) Instruction on the skills necessary to evaluate
advertisements for, and media portrayals of, alcohol, tobacco, and
controlled substances;
(E) Information on the legal implications of substance abuse;
(F) An examination or final project requirement at the
conclusion of the program based on the guidelines provided by the
state board of education under section 3301.24 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,
3313.6016, 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. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.6016, 3313.61, 3313.611, 3313.614, 3313.615, 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, 3313.801, 3313.86, 3313.96, 3319.073,
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41,
3319.45, 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 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,
4112., 4123., 4141., and 4167. of the
Revised Code as if it were
a school district.
Section 2. That existing sections 3313.60, 3313.6011,
3314.03, and 3326.11 of the Revised Code are hereby repealed.
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