130th Ohio General Assembly
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H. B. No. 519  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 519


Representative Patmon 

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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