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H. B. No. 519 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Representative Barnes
A BILL
To amend sections 3314.05, 3326.11, and 3328.24 and
to enact section 3313.539 of the Revised Code to
require public schools to install metal detectors
in all classroom buildings unless they obtain a
waiver from the Superintendent of Public
Instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.05, 3326.11, and 3328.24 be
amended and section 3313.539 of the Revised Code be enacted to
read as follows:
Sec. 3313.539. (A) Subject to division (C) of this section,
the board of education of each school district shall provide for
the installation of metal detectors at the entrances to every
classroom building in the district in accordance with rules
adopted under division (B) of this section.
(B) The attorney general, in consultation with the
superintendent of public instruction and the executive director of
the Ohio school facilities commission, shall adopt rules
prescribing standards for the acquisition, installation, and
operation of metal detectors for the entrances of public school
classroom buildings.
(C) A board of education may obtain a waiver of the
requirement prescribed by division (A) of this section by
submitting to the superintendent of public instruction an
affidavit, attested to by the president of the board, stating that
the board is unable to comply with the requirement. The
superintendent shall grant the waiver upon receipt of the
affidavit.
Sec. 3314.05. (A) The contract between the community school
and the sponsor shall specify the facilities to be used for the
community school and the method of acquisition. Except as provided
in divisions (B)(3) and (4) of this section, no community school
shall be established in more than one school district under the
same contract.
(B) Division (B) of this section shall not apply to internet-
or computer-based community schools.
(1) A community school may be located in multiple facilities
under the same contract only if the limitations on availability of
space prohibit serving all the grade levels specified in the
contract in a single facility or division (B)(2), (3), or (4) of
this section applies to the school. The school shall not offer the
same grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as all of the following apply:
(a) The governing authority of the community school filed a
copy of its contract with the school's sponsor under section
3314.03 of the Revised Code with the superintendent of public
instruction on or before May 15, 2008.
(b) The school was not open for operation prior to July 1,
2008.
(c) The governing authority has entered into and maintains a
contract with an operator of the type described in division
(A)(8)(b) of section 3314.02 of the Revised Code.
(d) The contract with that operator qualified the school to
be established pursuant to division (A) of former section 3314.016
of the Revised Code.
(e) The school's rating under section 3302.03 of the Revised
Code does not fall below "in need of continuous improvement" for
two or more consecutive years.
(3) A new start-up community school may be established in two
school districts under the same contract if all of the following
apply:
(a) At least one of the school districts in which the school
is established is a challenged school district;
(b) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level classrooms
in both facilities; and
(c) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as measured
by school bus.
In the case of a community school to which division (B)(3) of
this section applies, if only one of the school districts in which
the school is established is a challenged school district, that
district shall be considered the school's primary location and the
district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter. If both of the school districts in which the school
is established are challenged school districts, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of those divisions and all
other purposes of this chapter and shall notify the department of
education of that designation.
(4) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as both of the following apply:
(a) The facilities are all located in the same county.
(b) The governing authority has entered into and maintains a
contract with an operator.
In the case of a community school to which division (B)(4) of
this section applies and that maintains facilities in more than
one school district, the school's governing authority shall
designate one of those districts to be considered the school's
primary location and the district in which the school is located
for the purposes of division (A)(19) of section 3314.03 and
divisions (C) and (H) of section 3314.06 of the Revised Code and
for all other purposes of this chapter and shall notify the
department of that designation.
(5) Any facility used for a community school shall meet all
health and safety standards established by law for school
buildings.
(C) Each community school governing authority and operator
shall comply with section 3313.539 of the Revised Code as if it
were a school district board of education.
(D) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service center, the facility may not be used for such community
school unless the district or service center board owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms
and conditions agreed to by the district or service center board
and the school.
(D)(E) Two or more separate community schools may be located
in the same facility.
(E)(F) In the case of a community school that is located in
multiple facilities, beginning July 1, 2012, the department shall
assign a unique identification number to the school and to each
facility maintained by the school. Each number shall be used for
identification purposes only. Nothing in this division shall be
construed to require the department to calculate the amount of
funds paid under this chapter, or to compute any data required for
the report cards issued under section 3314.012 of the Revised
Code, for each facility separately. The department shall make all
such calculations or computations for the school as a whole.
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, 2313.19, 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, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 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, 3313.88, 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. 3328.24. A college-preparatory boarding school
established under this chapter, its operator, and its board of
trustees shall comply with sections 3301.0710, 3301.0711,
3301.0712, 3301.0714, 3313.539, 3319.39, and 3319.391 of the
Revised Code as if the school were a school district and the
school's board of trustees were a district board of education.
Section 2. That existing sections 3314.05, 3326.11, and
3328.24 of the Revised Code are hereby repealed.
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