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Am. Sub. S. B. No. 210 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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Senators Coughlin, Kearney
Cosponsors:
Senators Cafaro, Goodman, Harris, Husted, Miller, D., Miller, R., Morano, Sawyer, Schiavoni, Smith, Strahorn, Turner, Wagoner, Fedor
A BILL
To amend sections 3313.603, 3313.813, 3313.814,
3314.03, 3314.18, 3326.11, and 3326.13 and to
enact sections 3301.92, 3301.921, 3301.922,
3301.923, 3302.032, 3313.6016, 3313.674, 3313.816,
3313.817, and 3319.076 of the Revised Code to
establish nutritional standards for certain foods
and beverages sold in schools; to require students
to have periodic body mass index measurements; to
require daily physical activity for students and
to make other changes regarding physical
education; and to establish the Healthy Choices
for Healthy Children Council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.603, 3313.813, 3313.814,
3314.03, 3314.18, 3326.11, and 3326.13 be amended and sections
3301.92, 3301.921, 3301.922, 3301.923, 3302.032, 3313.6016,
3313.674, 3313.816, 3313.817, and 3319.076 of the Revised Code be
enacted to read as follows:
Sec. 3301.92. (A) The healthy choices for healthy children
council is hereby established. The council shall consist of the
following members:
(1) Three representatives of the Ohio children's hospital
association, one each appointed by the governor, the president of
the senate, and the speaker of the house of representatives;
(2) Three representatives of the Ohio business roundtable,
one each appointed by the governor, the president of the senate,
and the speaker of the house of representatives;
(3) Three representatives of the Ohio chapter of the American
academy of pediatrics, one each appointed by the governor, the
president of the senate, and the speaker of the house of
representatives. The governor's appointment shall have expertise
in minority health issues and the president's appointment shall be
a representative of the Appalachian region of Ohio.
(4) One representative of the Ohio parks and recreation
association, appointed by the president of the senate;
(5) One representative of the Ohio state alliance of young
men's Christian associations, appointed by the speaker of the
house of representatives;
(6) One representative of Ohio action for healthy kids,
appointed by the speaker of the house of representatives;
(7) One representative of the children's hunger alliance,
appointed by the speaker of the house of representatives;
(8) One representative of the American heart association,
appointed by the speaker of the house of representatives;
(9) One representative of the Ohio association for health,
physical education, recreation and dance, appointed by the
governor;
(10) One representative of the Ohio soft drink association,
appointed by the governor;
(11) One representative of the Ohio dairy producers
association, appointed by the president of the senate;
(12) Three representatives of school districts, one each
appointed by the governor, the president of the senate, and the
speaker of the house of representatives. The governor's
appointment shall be a representative of the Ohio school boards
association, the president's appointment shall be a representative
of the buckeye association of school administrators, and the
speaker's appointment shall be a representative of the Ohio
association of school business officials.
(13) Three school district employees whose job
responsibilities involve promoting student health and wellness,
one each appointed by the governor, the president of the senate,
and the speaker of the house of representatives. The governor's
appointment shall be a school-based mental health professional,
the president's appointment shall be a representative of the
school nutrition association of Ohio who is a dietitian licensed
under Chapter 4759. of the Revised Code, and the speaker's
appointment shall be a school nurse.
(14) Three elementary or secondary school teachers, one each
appointed by the governor, the president of the senate, and the
speaker of the house of representatives. The governor's
appointment shall be a representative of the Ohio education
association, the president's appointment shall be a representative
of the Ohio federation of teachers, and the speaker's appointment
shall be a chartered nonpublic school teacher.
(15) One representative of the office of healthy Ohio in the
department of health, appointed by the governor;
(16) One representative of the department of education,
appointed by the governor;
(17) One parent, appointed by the president of the senate;
(18) One representative of chartered nonpublic schools,
appointed by the president of the senate;
(19) One member of the senate, appointed by the president of
the senate;
(20) One member of the house of representatives, appointed by
the speaker of the house of representatives.
(B) Each organization specified in divisions (A)(1) to (14)
of this section shall submit recommendations for its
representatives on the council.
(C) Members of the council shall serve at the pleasure of
their appointing authority. Vacancies shall be filled in the same
manner as the original appointment. Members shall not be
compensated.
(D) The member of the senate and the member of the house of
representatives shall serve as joint chairpersons of the council.
The chairpersons shall call the first meeting of the council,
which shall be held not later than thirty days after the last
member of the council has been appointed. The council shall meet
annually and, upon the call of the chairpersons, at other times as
may be necessary to conduct council business.
Sec. 3301.921. The healthy choices for healthy children
council shall do all of the following:
(A) Monitor progress in improving student health and
wellness;
(B) Make periodic policy recommendations to the state board
of education regarding ways to improve the nutritional standards
for food and beverages prescribed by sections 3313.816 and
3313.817 of the Revised Code. If, on or after the effective date
of this section, the United States department of agriculture
adopts regulations for the sale of food or beverages in schools,
the council, within sixty days after their adoption, shall review
the regulations and, based on that review, make recommendations
for changes to the nutritional standards prescribed by those
sections.
(C) Make periodic recommendations to the department of
education for the development of a clearinghouse of best practices
in the areas of student nutrition, physical activity for students,
and body mass index screenings;
(D) Assist the department of health in developing a list of
resources regarding health risks associated with weight status for
distribution to parents and guardians under division (E) of
section 3313.674 of the Revised Code;
(E) Regularly review developments in science and nutrition to
ensure the council remains informed for purposes of making
recommendations under divisions (B) and (C) of this section.
Sec. 3301.922. The department of education shall issue an
annual report on the compliance of public and chartered nonpublic
schools with the requirements of sections 3313.6016 and 3313.674
of the Revised Code. The department shall include in the report
any data regarding student health and wellness collected by the
department in conjunction with those requirements. The department
shall submit each report to the governor, the general assembly,
and the healthy choices for healthy children council.
Sec. 3301.923. Upon receipt of the initial recommendations of
the healthy choices for healthy children council required by
division (C) of section 3301.921 of the Revised Code, the
department of education shall establish a clearinghouse of best
practices that schools may use to promote student health. The
department shall update the clearinghouse as necessary to reflect
subsequent recommendations of the council.
Sec. 3302.032. (A) Not later than December 31, 2011, the
state board of education shall establish a measure of the
following:
(1) Student success in meeting the benchmarks contained in
the physical education standards adopted under division (A)(3) of
section 3301.079 of the Revised Code;
(2) Compliance with the requirements for local wellness
policies prescribed by section 204 of the "Child Nutrition and WIC
Reauthorization Act of 2004," 42 U.S.C. 1751 note;
(3) Whether a school district or building is complying with
sections 3313.6016 and 3313.674 of the Revised Code instead of
operating under a waiver from the requirements of those sections.
(B) The measure shall be included on the school district and
building report cards issued under section 3302.03 of the Revised
Code, beginning with the report cards issued for the 2012-2013
school year, but it shall not be a factor in the performance
ratings issued under that section.
(C) The department of education may accept, receive, and
expend gifts, devises, or bequests of money for the purpose of
establishing the measure required by this section.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) Social studies, three units, which shall include both of
the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units, which shall include both of
the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(6) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(7) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board of education and the chancellor of the Ohio board of regents
shall develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
whenever practicable across the curriculum in order to maximize
efficiency, enhance learning, and prepare students for success in
the technology-driven twenty-first century. Districts and schools
may use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall whenever practicable utilize technology access
and electronic learning opportunities provided by the eTech Ohio
commission, the Ohio learning network, education technology
centers, public television stations, and other public and private
providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor of the Ohio board of regents, shall analyze student
performance data to determine if there are mitigating factors that
warrant extending the exception permitted by division (D) of this
section to high school classes beyond those entering ninth grade
before July 1, 2014. The department shall submit its findings and
any recommendations not later than August 1, 2014, to the speaker
and minority leader of the house of representatives, the president
and minority leader of the senate, the chairpersons and ranking
minority members of the standing committees of the house of
representatives and the senate that consider education
legislation, the state board of education, and the superintendent
of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department
of education, may qualify for graduation from high school by
successfully completing a competency-based instructional program
administered by the dropout prevention and recovery program in
lieu of completing the Ohio core curriculum prescribed in division
(C) of this section. The department shall grant a waiver to a
dropout prevention and recovery program, within sixty days after
the program applies for the waiver, if the program meets all of
the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division (E)(6) of section 3301.0712 of the Revised Code,
division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board of education, in consultation with the
chancellor of the Ohio board of regents, shall adopt a statewide
plan implementing methods for students to earn units of high
school credit based on a demonstration of subject area competency,
instead of or in combination with completing hours of classroom
instruction. The state board shall adopt the plan not later than
March 31, 2009, and commence phasing in the plan during the
2009-2010 school year. The plan shall include a standard method
for recording demonstrated proficiency on high school transcripts.
Each school district, community school, and chartered nonpublic
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
Sec. 3313.6016. (A) Except as provided in divisions (B) and
(E) of this section, beginning in the 2011-2012 school year, the
board of education of each city, exempted village, or local school
district and the governing authority of each chartered nonpublic
school shall require all students in each of grades kindergarten
through twelve to engage in at least thirty minutes of moderate to
rigorous physical activity each school day, exclusive of recess.
Physical activity engaged in during the following may count toward
the daily requirement:
(1) A physical education course;
(2) A program or activity occurring before or after the
regular school day, as defined in section 3313.814 of the Revised
Code, that is sponsored or approved by the school of attendance,
provided school officials are able to monitor students'
participation to ensure compliance with the requirement.
(B) None of the following shall be subject to the requirement
of division (A) of this section:
(1) Any student enrolled in the post-secondary enrollment
options program established under Chapter 3365. of the Revised
Code;
(2) Any student enrolled in a career-technical education
program operated by the board or governing authority;
(3) Any student enrolled in a dropout prevention and recovery
program operated by the board or governing authority.
(C) For any period in which a student is participating in
interscholastic athletics, marching band, or cheerleading, the
board or governing authority may excuse the student from the
requirement of division (A) of this section.
(D) The board or governing authority may excuse any
kindergarten student who is not enrolled in all-day kindergarten,
as defined in section 3321.05 of the Revised Code, from the
requirement of division (A) of this section.
(E) A board or governing authority, for financial reasons,
may apply to the superintendent of public instruction for a waiver
of the requirement of division (A) of this section. If the board
or governing authority demonstrates to the superintendent's
satisfaction that compliance with the requirement will create an
undue financial hardship on the school district or chartered
nonpublic school, the superintendent shall grant the waiver. An
affidavit submitted to the superintendent by the board or
governing authority, attested to by the president or presiding
officer of the board or governing authority, shall be conclusive
evidence of the need for the waiver.
(F) Not later than July 1, 2011, the board or governing
authority shall adopt a policy to comply with this section, except
that in the case of a board or governing authority granted a
waiver under division (E) of this section, the board or governing
authority shall adopt the policy not later than the first day of
July following the waiver's expiration.
Sec. 3313.674. (A) Except as provided in divisions (D) and
(H) of this section, the board of education of each city, exempted
village, or local school district and the governing authority of
each chartered nonpublic school shall require each student
enrolled in kindergarten, third grade, fifth grade, and ninth
grade to undergo a screening for body mass index and weight status
category prior to the first day of May of the school year.
(B) The board or governing authority may provide any
screenings required by this section itself, contract with another
entity for provision of the screenings, or request the parent or
guardian of each student subject to this section to obtain the
screening from a provider selected by the parent or guardian and
to submit the results to the board or governing authority. If the
board or governing authority provides the screenings itself or
contracts with another entity for provision of the screenings, the
board or governing authority shall protect student privacy by
ensuring that each student is screened alone and not in the
presence of other students or staff.
(C) Prior to the first day of February of each school year,
the board or governing authority shall provide the parent or
guardian of each student subject to this section with information
about the screening program. If the board or governing authority
requests parents and guardians to obtain a screening from a
provider of their choosing, the board or governing authority shall
provide them with a list of providers and information about
screening services available in the community to parents and
guardians who cannot afford a private provider.
(D) If the parent or guardian of a student subject to this
section signs and submits to the board or governing authority a
written statement indicating that the parent or guardian does not
wish to have the student undergo the screening, the board or
governing authority shall not require the student to be screened.
(E) The board or governing authority shall notify the parent
or guardian of each student screened under this section of any
health risks associated with the student's results and shall
provide the parent or guardian with information about
appropriately addressing the risks. For this purpose, the
department of health, in consultation with the department of
education and the healthy choices for healthy children council
established under section 3301.92 of the Revised Code, shall
develop a list of documents, pamphlets, or other resources that
may be distributed to parents and guardians under this division.
(F) The board or governing authority shall maintain the
confidentiality of each student's individual screening results at
all times. No board or governing authority shall report a
student's individual screening results to any person other than
the student's parent or guardian.
(G) In a manner prescribed by rule of the director of health,
the board or governing authority shall report aggregated body mass
index and weight status category data collected under this
section, and any other demographic data required by the director,
to the department of health. In the case of a school district,
data shall be aggregated for the district as a whole and not for
individual schools within the district, unless the district
operates only one school. In the case of a chartered nonpublic
school, data shall be aggregated for the school as a whole. The
department annually shall publish the data reported under this
division, aggregated by county. If any district or chartered
nonpublic school was granted a waiver under division (H) of this
section for the school year covered by the published data, the
department shall note that the data for the county in which the
district or school is located is incomplete. The department may
share data reported under this division with other governmental
entities for the purpose of monitoring population health, making
reports, or public health promotional activities.
(H) A board or governing authority, for financial reasons,
may apply to the superintendent of public instruction for a waiver
of the requirement to have students undergo screenings for body
mass index and weight status category. If the board or governing
authority demonstrates to the superintendent's satisfaction that
compliance with the requirement will create an undue financial
hardship on the school district or chartered nonpublic school, the
superintendent shall grant the waiver. An affidavit submitted to
the superintendent by the board or governing authority, attested
to by the president or presiding officer of the board or governing
authority, shall be conclusive evidence of the need for the
waiver.
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit
private entity that provides to pupils enrolled in any public or
chartered nonpublic elementary or secondary school an outdoor
educational curriculum that the school considers to be part of its
educational program.
(2) "Outside-school-hours care center" has the meaning
established in 7 C.F.R. 226.2.
(B) The state board of education shall establish standards
for a school lunch program, school breakfast program, child and
adult care food program, special food service program for
children, summer food service program for children, special milk
program for children, food service equipment assistance program,
and commodity distribution program established under the "National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42
U.S.C. 1771, as amended. Any board of education of a school
district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or
summer camp desiring to participate in such a program or required
to participate under this section shall, if eligible to
participate under the "National School Lunch Act," as amended, or
the "Child Nutrition Act of 1966," as amended, make application to
the state board of education for assistance. The board shall
administer the allocation and distribution of all state and
federal funds for these programs.
(C) The state board of education shall require the board of
education of each school district to establish and maintain a
school breakfast, lunch, and summer food service program pursuant
to the "National School Lunch Act" and the "Child Nutrition Act of
1966," as described in divisions (C)(1) to (4) of this section.
(1) The state board shall require the board of education in
each school district to establish a breakfast program in every
school where at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least one-fifth
of the pupils are eligible for free lunches. The board of
education required to establish a breakfast program under this
division may make a charge in accordance with federal requirements
for each reduced price breakfast or paid breakfast to cover the
cost incurred in providing that meal.
(2) The state board shall require the board of education in
each school district to establish a breakfast program in every
school in which the parents of at least one-half of the children
enrolled in the school have requested that the breakfast program
be established. The board of education required to establish a
program under this division may make a charge in accordance with
federal requirements for each meal to cover all or part of the
costs incurred in establishing such a program.
(3) The state board of education shall require the board of
education in each school district to establish one of the
following for summer intervention services described in division
(D) of section 3301.0711 and section 3313.608 of the Revised Code
and any other summer intervention program required by law:
(a) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(b) An extension of the school lunch program pursuant to
those acts;
(c) A summer food service program pursuant to those acts.
(4)(a) If the board of education of a school district
determines that, for financial reasons, it cannot comply with
division (C)(1) or (3) of this section, the district board may
choose not to comply with either or both divisions, except as
provided in division (C)(4)(b) of this section. The district board
publicly shall communicate to the residents of the district, in
the manner it determines appropriate, its decision not to comply.
(b) If a district board chooses not to comply with division
(C)(1) of this section, the state board of education nevertheless
shall require the district board to establish a breakfast program
in every school where at least one-third of the pupils in the
school are eligible under federal requirements for free breakfasts
and to establish a lunch program in every school where at least
one-third of the pupils are eligible for free lunches. The
district board may make a charge in accordance with federal
requirements for each reduced price breakfast or paid breakfast to
cover the cost incurred in providing that meal.
(c) If a school district cannot for good cause comply with
the requirements of division (C)(2) or (4)(b) of this section at
the time the state board determines that a district is subject to
these requirements, the state board of education shall grant a
reasonable extension of time. Good cause for an extension of time
shall include, but need not be limited to, economic impossibility
of compliance with the requirements at the time the state board
determines that a district is subject to them.
(D)(1) The state board of education shall accept the
application of any outdoor education center in the state making
application for participation in a program pursuant to division
(B) of this section.
(2) For purposes of participation in any program pursuant to
this section, the board shall certify any outdoor education center
making application as an educational unit that is part of the
educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on an
overnight basis so that pupils are in residence at the center for
more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership in a
single building or complex of buildings.
(3) The board shall approve any outdoor education center
certified under this division for participation in the program for
which the center is making application on the same basis as any
other applicant for that program.
(E) Any school district board of education or chartered
nonpublic school that participates in a breakfast program pursuant
to this section may offer breakfast to pupils in their classrooms
during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the board of education of
each school district and each chartered nonpublic school that
participates in a breakfast program pursuant to this section shall
provide a breakfast free of charge to each pupil who is eligible
under federal requirements for a reduced price breakfast.
Sec. 3313.814. (A) As used in this section and sections
3313.816 and 3313.817 of the Revised Code:
(1) "A la carte item" means an individually priced food or
beverage item that is available for sale to students through any
of the following:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or
other school-sponsored organization.
"A la carte item" does not include any food or beverage item
available for sale in connection with a school-sponsored
fundraiser held outside of the regular school day, any other
school-sponsored event held outside of the regular school day, or
an interscholastic athletic event. "A la carte item" also does not
include any food or beverage item that is part of a reimbursable
meal and that is available for sale as an individually priced item
in a serving portion of the same size as in the reimbursable meal,
regardless of whether the food or beverage item is included in the
reimbursable meal served on a particular school day.
(2) "Added sweeteners" means any additives that enhance the
sweetness of a beverage, including processed sugar. "Added
sweeteners" do not include any natural sugars found in fruit
juices that are a component of the beverage.
(3) "Extended school day" means the period before and after
the regular school day during which students participate in
school-sponsored extracurricular activities, latchkey programs as
defined in section 3313.207 of the Revised Code, or other academic
or enrichment programs.
(4) "Regular school day" means the period each school day
between the designated arrival time for students and the end of
the final instructional period.
(5) "Reimbursable meal" means a meal that is provided to
students through a school breakfast or lunch program established
under the "National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria
for reimbursement established by the United States department of
agriculture.
(6) "School food service program" means a school food service
program operated under section 3313.81 or 3313.813 of the Revised
Code.
(B) Each school district board of education and each
chartered nonpublic school governing authority shall adopt and
enforce nutrition standards governing the types of food and
beverages that may be sold on the premises of its schools, and
specifying the time and place each type of food or beverage may be
sold. In
(1) In adopting the standards, the board or governing
authority shall consider each food's do all of the following:
(a) Consider the nutritional value of each food or beverage;
(b) Consult with a dietitian licensed under Chapter 4759. of
the Revised Code, a dietetic technician registered by the
commission on dietetic registration, or a school nutrition
specialist certified or credentialed by the school nutrition
association. The person with whom the board or governing authority
consults may be an employee of the board or governing authority, a
person contracted by the board or governing authority, or a
volunteer, provided the person meets the requirements of this
division.
(c) Consult the dietary guidelines for Americans jointly
developed by the United States department of agriculture and the
United States department of health and human services and, to the
maximum extent possible, incorporate the guidelines into the
standards. No
(2) No food or beverage may be sold on any school premises
except in accordance with the standards adopted by the board of
education or governing authority.
(3) The standards shall comply with sections 3313.816 and
3313.817 of the Revised Code, but nothing in this section shall
prohibit the standards from being more restrictive than otherwise
required by those sections.
(C) The nutrition standards adopted under this section shall
prohibit the placement of vending machines in any classroom where
students are provided instruction, unless the classroom also is
used to serve students meals. This division does not apply to
vending machines that sell only milk, reimbursable meals, or food
and beverage items that are part of a reimbursable meal and are
available for sale as individually priced items in serving
portions of the same size as in the reimbursable meal.
(D) Each board or governing authority shall designate staff
to be responsible for ensuring that the school district or school
meets the nutrition standards adopted under this section. The
staff shall prepare an annual report regarding the district's or
school's compliance with the standards and submit it to the
department of education. The board or governing authority annually
shall schedule a presentation on the report at one of its regular
meetings. Each district or school shall make copies of the report
available to the public upon request.
(E) The state board of education shall formulate and adopt
guidelines, which boards of education and chartered nonpublic
schools may follow in enforcing and implementing this section.
Sec. 3313.816. (A) No public or chartered nonpublic school
shall permit the sale of a la carte beverage items other than the
following during the regular and extended school day:
(1) For a school in which the majority of grades offered are
in the range from kindergarten to grade four:
(b)(i) Prior to January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred fifty calories per eight ounces.
(c) Eight ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners, that contains not more than one hundred sixty
calories per eight ounces.
(2) For a school in which the majority of grades offered are
in the range from grade five to grade eight:
(b)(i) Prior to January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, eight ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred fifty calories per eight ounces.
(c) Ten ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners, that contains not more than one hundred sixty
calories per eight ounces.
(3) For a school in which the majority of grades offered are
in the range from grade nine to grade twelve:
(b)(i) Prior to January 1, 2014, sixteen ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred seventy calories per eight ounces;
(ii) Beginning January 1, 2014, sixteen ounces or less of
low-fat or fat-free milk, including flavored milk, that contains
not more than one hundred fifty calories per eight ounces.
(c) Twelve ounces or less of one hundred per cent fruit
juice, or a one hundred per cent fruit juice and water blend with
no added sweeteners, that contains not more than one hundred sixty
calories per eight ounces;
(d) Twelve ounces or less of any beverage that contains not
more than sixty-six calories per eight ounces;
(e) Any size of a beverage that contains not more than ten
calories per eight ounces, which may include caffeinated beverages
and beverages with added sweeteners, carbonation, or artificial
flavoring.
(B) Each public and chartered nonpublic school shall require
at least fifty per cent of the a la carte beverage items available
for sale from each of the following sources during the regular and
extended school day to be water or other beverages that contain
not more than ten calories per eight ounces:
(1) A school food service program;
(2) A vending machine located on school property that does
not sell only milk or reimbursable meals;
(3) A store operated by the school, a student association, or
other school-sponsored organization.
Sec. 3313.817. (A) When the department of education is able
to obtain free of charge computer software for assessing the
nutritional value of foods that does all of the following, the
department shall make that software available free of charge to
each public and chartered nonpublic school:
(1) Rates the healthiness of foods based on nutrient density;
(2) Assesses the amount of calories, total fat, saturated
fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A,
and vitamin C in each food item;
(3) Evaluates the nutritional value of foods based on the
dietary guidelines for Americans jointly developed by the United
States department of agriculture and United States department of
health and human services as they pertain to children and
adolescents.
(B) Each public and chartered nonpublic school shall use the
software provided by the department under this section to
determine the nutritional value of each a la carte food item
available for sale at the school.
(C) When the department provides software under this section,
each public and chartered nonpublic school shall comply with all
of the following requirements:
(1) No a la carte food item shall be in the lowest rated
category of foods designated by the software.
(2) In the first school year in which the school is subject
to this section, at least twenty per cent of the a la carte food
items available for sale from each of the following sources during
the regular and extended school day shall be in the highest rated
category of foods designated by the software and in each school
year thereafter, at least forty per cent of the a la carte food
items available for sale from each of the following sources during
the regular and extended school day shall be in that category:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or
other school-sponsored organization.
(3) Each a la carte food item that is not in the highest
rated category of foods designated by the software shall meet at
least two of the following criteria:
(a) It contains at least five grams of protein.
(b) It contains at least ten per cent of the recommended
daily value of fiber.
(c) It contains at least ten per cent of the recommended
daily value of calcium.
(d) It contains at least ten per cent of the recommended
daily value of iron.
(e) It contains at least ten per cent of the recommended
daily value of vitamin A.
(f) It contains at least ten per cent of the recommended
daily value of vitamin C.
(D) As an alternative to complying with division (C) of this
section, a public or chartered nonpublic school may comply with
the most recent guidelines for competitive foods issued by the
alliance for a healthier generation with respect to the sale of a
la carte food items.
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 the following:
(a) 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;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(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, 3313.814, 3313.816, 3314.817,
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 sections 3313.6016,
3313.674, and 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. 3314.18. (A) Subject to division (C) of this section,
the governing board authority of each community school shall
establish a breakfast program pursuant to the "National School
Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771,
as amended, if at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts, and shall
establish a lunch program pursuant to those acts if at least
one-fifth of the pupils are eligible for free lunches. The
governing board authority required to establish a breakfast
program under this division may make a charge in accordance with
federal requirements for each reduced price breakfast or paid
breakfast to cover the cost incurred in providing that meal.
(B) Subject to division (C) of this section, the governing
board authority of each community school shall establish one of
the following for summer intervention services described in
division (D) of section 3301.0711 and section 3313.608 of the
Revised Code and any other summer intervention program required by
law:
(1) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(2) An extension of the school lunch program pursuant to
those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing board authority of a community school
determines that, for financial reasons, it cannot comply with
division (A) or (B) of this section, the governing board authority
may choose not to comply with either or both divisions. In that
case, the governing board authority shall communicate to the
parents of its students, in the manner it determines appropriate,
its decision not to comply.
(D) The governing board authority of each community school
required to establish a school breakfast, school lunch, or summer
food service program under this section shall apply for state and
federal funds allocated by the state board of education under
division (B) of section 3313.813 of the Revised Code and shall
comply with the state board's standards adopted under that
division.
(E) The governing authority of any community school required
to establish a breakfast program under this section or that elects
to participate in a breakfast program pursuant to the "National
School Lunch Act" and the "Child Nutrition Act of 1966" may offer
breakfast to pupils in their classrooms during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the governing authority of
each community school required to establish a breakfast program
under this section or that elects to participate in a breakfast
program pursuant to the "National School Lunch Act" and the "Child
Nutrition Act of 1966" shall provide a breakfast free of charge to
each pupil who is eligible under federal requirements for a
reduced price breakfast.
(G) This section does not apply to internet- or
computer-based community schools.
Sec. 3319.076. No school district shall employ any classroom
teacher initially hired on or after July 1, 2013, to provide
instruction in physical education in any of grades kindergarten
through twelve unless the teacher holds a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
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, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801,
3313.814,
3313.816, 3313.817, 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.
Sec. 3326.13. (A) Teachers employed by a science, technology,
engineering, and mathematics school shall be highly qualified
teachers, as defined in section 3319.074 of the Revised Code, and
shall be licensed under sections 3319.22 to 3319.31 of the Revised
Code and rules of the state board of education implementing those
sections.
(B) No STEM school shall employ any classroom teacher
initially hired on or after July 1, 2013, to provide instruction
in physical education unless the teacher holds a valid license
issued pursuant to section 3319.22 of the Revised Code for
teaching physical education.
Section 2. That existing sections 3313.603, 3313.813,
3313.814, 3314.03, 3314.18, 3326.11, and 3326.13 of the Revised
Code are hereby repealed.
Section 3. The amendment or enactment by this act of
sections 3313.814, 3313.816, and 3313.817 of the Revised Code and
the amendments to sections 3314.03 and 3326.11 of the Revised Code
that insert "3313.814, 3313.816, 3313.817," take effect the first
day of July following the effective date of this section.
Section 4. (A) Any school district or public or chartered
nonpublic school that, prior to the effective date of this act,
entered into a contract with a producer or distributor of a food
or beverage that requires the sale of the food or beverage to
students in violation of sections 3313.814, 3313.816, or 3313.817
of the Revised Code, as amended or enacted by this act, after the
effective date of those sections shall not be required to comply
with those sections until the expiration of the contract. Any
renewal of that contract shall comply with those sections.
(B) Any contract between a school district or public or
chartered nonpublic school and a producer or distributor of a food
or beverage that is entered into between the effective date of
this act and the first day of July following that date shall
comply with sections 3313.814, 3313.816, and 3313.817 of the
Revised Code, as amended or enacted by this act, with respect to
the school year beginning that first day of July and any
subsequent school year covered by the contract.
Section 5. Within thirty days after the effective date of
this section, the Governor, the President of the Senate, and the
Speaker of the House of Representatives shall appoint members to
the Healthy Choices for Healthy Children Council established by
section 3301.92 of the Revised Code, as enacted by this act.
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