The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 24 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
A BILL
To amend sections 3302.07, 3313.814, 3314.03, and
3326.11 and to enact section 3313.816 of the
Revised Code to establish nutritional standards
for food and beverages sold in vending machines in
public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3302.07, 3313.814, 3314.03, and
3326.11 be amended and section 3313.816 of the Revised Code be
enacted to read as follows:
Sec. 3302.07. (A) The board of education of any school
district, the governing board of any educational service
center,
or the administrative authority of any chartered nonpublic
school
may submit to the state board of education an
application
proposing an innovative education pilot program the
implementation
of which requires exemptions from specific
statutory provisions or
rules. If a district or service center board employs
teachers
under a collective bargaining agreement adopted pursuant
to
Chapter 4117. of the Revised Code, any application submitted
under
this division shall include the written consent of the
teachers'
employee representative designated under division (B)
of section
4117.04 of the Revised Code. The exemptions requested
in the
application shall be limited to any requirement of Title
XXXIII of
the Revised Code or of any rule of the state board
adopted
pursuant to that title except that the application may
not propose
an exemption from any requirement of or rule adopted
pursuant to
Chapter 3307. or 3309., section 3313.814 or 3313.816,
sections
3319.07 to 3319.21,
or Chapter 3323. of the Revised Code.
(B) The state board of education shall accept any
application
submitted in accordance with division (A) of this
section. The
superintendent of public instruction shall approve
or disapprove
the application in accordance with standards
for approval, which
shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt
each district or service center board or chartered nonpublic
school
administrative authority with an application approved under
division
(B) of this section for a specified period from the
statutory
provisions or rules specified in the approved
application. The
period of exemption shall not exceed the period
during which the
pilot program proposed in the application is
being implemented
and a reasonable period to allow for evaluation
of the
effectiveness of the program.
Sec. 3313.814. Each school district board of education shall
adopt and enforce 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 adopting
the standards, the board shall consider each
food's the nutritional value of each food or beverage. No
food or
beverage may be sold on any school premises except in accordance
with the
standards adopted by the board of education. The
standards shall comply with section 3313.816 of the
Revised Code.
The state board of education shall formulate and adopt
guidelines, which
boards of education may follow in enforcing and
implementing this section. The state board shall not exempt any
school district from compliance with this section pursuant to
section 3302.05 of the Revised Code.
Sec. 3313.816. (A) As used in this section:
(1) "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 or
vegetable juices that are a component of the beverage.
(2) "Processed sugar" means any sugar that does not occur
naturally in fruits, vegetables, or dairy products.
(B) Each individual food item, excluding beverages, sold to
students in any school operated by a school district through a
vending machine shall meet all of the following nutritional
standards:
(1) It contains less than two hundred calories.
(2) Not more than thirty per cent of its total calories are
derived from fat, except that this requirement shall not apply to
unsalted nuts or seeds.
(3) Not more than ten per cent of its total calories are
derived from saturated fat and trans fat.
(4) Not more than thirty-five per cent of its total weight is
composed of processed sugar.
(C) No school district shall permit the sale of beverages
other than the following to students through a vending machine:
(2) Milk, including chocolate or other flavored milk, soy
milk, rice milk, and other similar dairy or nondairy milk;
(3) Fruit or vegetable juices that contain at least fifty per
cent juice and have no added sweeteners;
(4) Nectar or other fruit-based beverages that contain at
least thirty-five per cent fruit and have no added sweeteners;
(5) Electrolyte replacement beverages.
(D) No beverage described in division (C) of this section,
other than unflavored water, shall be sold to students through a
vending machine in a size that exceeds twelve ounces.
(E) No school district shall permit the sale to students
through a vending machine of any beverage that is carbonated or
that contains more than one hundred fifty calories per serving.
(F) No school district or public school shall enter into a
contract with any producer or distributor of a food or beverage
that would require the sale to students through a vending machine
of a food or beverage that does not meet the requirements of this
section.
(G) Divisions (B) to (E) of this section do not apply to food
and beverage items sold in vending machines that are accessible
only to school district employees.
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
tests;
(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, and
the 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,
3313.643,
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,
3313.80,
3313.814, 3313.816,
3313.96,
3319.073, 3319.321,
3319.39,
3319.391, 3321.01,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19,
3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters
117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167.
of
the Revised Code
as if
it were a
school
district
and
will
comply with section
3301.0714
of the
Revised
Code in the
manner
specified in section
3314.17 of
the
Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code.
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or educational service center
building or is to be a new start-up
school, and if it is a
converted public school or service center building, specification
of
any duties or
responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating
to the
governing authority of the community
school with respect to
all
or any specified group of employees provided the
delegation is
not
prohibited by a collective bargaining agreement applicable
to
such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the
Revised Code, except that any action required
to
be taken by a school
district pursuant to those
sections shall
be taken by the sponsor of
the school. However,
the sponsor
shall not be required to take any
action described in
division
(F) of section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school or educational service center building, alternative
arrangements
for current public school
students who choose
not to
attend the converted school and for teachers who
choose not to
teach in
the school or building after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 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,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80, 3313.801, 3313.814, 3313.816,
3313.96,
3319.073, 3319.21, 3319.32,
3319.321, 3319.35, 3319.39,
3319.391, 3319.45,
3321.01,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
2744.,
3307., 3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
4167. of
the Revised Code
as if it
were
a school district.
Section 2. That existing sections 3302.07, 3313.814, 3314.03,
and 3326.11 of the Revised Code are hereby repealed.
Section 3. Any school district or public 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 section
3313.816 of the Revised Code, as enacted by this act, shall not be
required to comply with that section until the expiration of the
contract. Any renewal of the contract shall comply with that
section.
|
|