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H. B. No. 562 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsor:
Representative Heard
A BILL
To amend sections 3314.013, 3314.016, 3314.02,
3314.021, 3314.025, 3314.03, 3314.05, and 3314.35;
to enact new section 3314.014; and to repeal
section 3314.014 of the Revised Code to specify
the conditions for establishing a new start-up
community school after June 30, 2011, and to
repeal the prohibition on persons serving on the
governing authorities of more than two start-up
community schools simultaneously.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.013, 3314.016, 3314.02,
3314.021, 3314.025, 3314.03, 3314.05, and 3314.35 be amended and
new section 3314.014 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 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 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) Nothing in division (A) of this section prohibits a an
internet- or a computer-based community school from increasing the
number of grade levels it offers.
(B)(C) 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 section, "advocate" means
the governing authority of an existing community school that is
managed by an operator that meets the requirements of divisions
(B)(2) and (3) of this section. However, the governing authority
of a new start-up school that has entered into a contract with an
advocate under division (D) of this section shall not be eligible
to be an advocate itself until that contract is no longer in
effect.
(B) The governing authority of each new start-up school that
first opens for instruction after June 30, 2011, shall enter into
a contract with an operator that meets the following requirements
or shall comply with division (D) of this section:
(1) The operator manages at least one other school in Ohio.
(2) No Ohio school managed by the operator was declared to be
under an academic watch or in a state of academic emergency on its
most recent report card issued under section 3302.03 of the
Revised Code.
(3) The operator satisfies one of the following conditions:
(a) Each Ohio school managed by the operator was declared to
be in need of continuous improvement on its most recent report
card issued under section 3302.03 of the Revised Code.
(b) At least one Ohio school managed by the operator was
declared to be effective or excellent on its most recent report
card issued under section 3302.03 of the Revised Code.
(4) The operator has not reached any limit prescribed by
division (C) of this section on the number of new start-up schools
to which this section applies with which the operator may contract
in the applicable school year.
(C) In each school year in which an operator satisfies the
condition in division (B)(3)(a) of this section, the operator may
enter into a contract with one new start-up school to which this
section applies. In each school year in which an operator
satisfies the condition in division (B)(3)(b) of this section, the
operator may enter into a contract with any number of new start-up
schools to which this section applies. A renewal of an existing
contract with a new start-up school to which this section applies
shall not count toward any limit prescribed by this division.
(D) As an alternative to entering into a contract with an
operator that meets the requirements of division (B) of this
section, the governing authority of a new start-up school that
first opens for instruction after June 30, 2011, may enter into a
contract with an operator that currently does not manage any
schools in Ohio. If the governing authority elects to enter into a
contract with an operator that currently does not manage any Ohio
schools, the governing authority also shall enter into a separate
contract with an advocate. The initial term of the contract with
the advocate shall be at least two full school years. The contract
may be renewed for any number of full school years.
(1) The contract with the advocate shall require the advocate
to provide the governing authority and operator of the new
start-up school with technical assistance and advice in handling
functions related to opening the school and successfully managing
the school's daily operations. The contract shall specify the
duties of the advocate, which may include, but are not limited to,
the following:
(a) Reviewing the new start-up school's contract with its
sponsor adopted under section 3314.03 of the Revised Code;
(b) Consistently evaluating the new start-up school's
educational plan and financial plan and the implementation of
those plans;
(c) Making site visits to the new start-up school to provide
guidance and assist in solving problems.
(2) The contract with the advocate may require the governing
authority or operator of the new start-up school to make payments,
in an amount not to exceed five hundred dollars per month, to the
advocate for the services provided by the advocate.
(3) If the term of the contract with the advocate is longer
than two school years, the advocate may terminate the contract at
any time between the end of the initial two school years of the
contract and the contract's expiration, upon a determination that
the new start-up school is not making sufficient progress toward
becoming a successful school. The termination shall take effect
only at the end of a school year. The advocate's decision to
terminate the contract is final and may not be appealed.
(E) No operator hired by a new start-up school under division
(D) of this section shall enter into a contract for the management
of any other new start-up school to which this section applies
until the department issues a report card under section 3302.03 of
the Revised Code for the second year of operation of the new
start-up school that hired the operator. After the issuance of
that report card, the governing authority of any new start-up
school to which this section applies may enter into a contract
with the operator in accordance with division (B) of this section.
Sec. 3314.016. (A) After June 30, 2007, and until June 30,
2011, a new start-up school may be established under this chapter
only if the school's governing authority enters 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.
(8) "Operator" means either of the following:
(a) An individual or nonprofit or for-profit organization
that manages the daily operations of a community school pursuant
to a contract between the operator and the school's governing
authority;
(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) 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.
(1) 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. 3314.025. The governing authority of a start-up
community school may provide by resolution for the compensation of
each of its members in an amount up to one hundred twenty-five
dollars for each meeting of the governing authority that the
member attends. However, no individual shall be compensated more
than one hundred twenty-five dollars in any month by each
governing authority of which the individual is a member.
Except in the case of a community school that has contracted
with an operator, as defined in section 3314.014 of the Revised
Code, the compensation for governing authority members shall be
paid by the school's fiscal officer from the operating funds held
in the treasury of the school. In the case of a community school
that has contracted with an operator, the compensation for
governing authority members shall be paid by the operator from
funds paid to the operator by the school.
If an individual is a member of the governing authority of
more than one start-up community school and those governing
authorities convene their meetings at the same place on the same
day, that individual shall receive as compensation for all of
those meetings combined not more than the highest amount
per-member per-meeting specified by the governing authorities of
those schools. The amount paid to that individual for that day
shall be divided evenly among the start-up community schools for
which that individual is a governing authority member, and for
which the governing authorities have specified compensation for
their members in accordance with this section.
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)(8)(b) of section 3314.014 3314.02 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. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008, but before
July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(3) This section does not apply to either any of the
following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code;
(c) Any community school during the period of time that the
school has a valid contract with an advocate under division (D) of
section 3314.014 of the Revised Code. Except as otherwise provided
in division (A)(3)(a) or (b) of this section, upon the nonrenewal
or termination of that contract, the school shall become subject
to this section and, subject to division (D) of this section and
division (B) of section 3314.012 of the Revised Code, ratings
issued for the school under section 3302.03 of the Revised Code
prior to the nonrenewal or termination shall count in determining
if the school meets the criteria of division (A)(2) of this
section.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
(D) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(2) of this section. The
department shall reevaluate each community school that the
department directed to close at the conclusion of the 2009-2010
school year to determine if the school still meets the criteria
prescribed by division (A)(2) of this section when the school's
performance ratings for its first two years of operation are not
considered and, if the school no longer meets those criteria, the
department shall not require the school to close at the conclusion
of that school year.
Section 2. That existing sections 3314.013, 3314.016,
3314.02, 3314.021, 3314.025, 3314.03, 3314.05, and 3314.35 and
section
3314.014 of the Revised Code are hereby repealed.
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