To amend section 3314.06 and to enact section 3314.062 of the Revised Code to generally prohibit a community school from admitting a student from the school district in which it is located if the student's district school has a better performance rating than the community school.

Section 1.  That section 3314.06 be amended and section 3314.062 of the Revised Code be enacted to read as follows:

Sec. 3314.06.  The governing authority of each community school established under this chapter shall adopt admission procedures that specify the following:

(A) That except as otherwise provided in this section and section 3314.062 of the Revised Code, admission to the school shall be open to any individual age five to twenty-two entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code in a school district in the state.

(B)(1) That admission to the school may be limited to students who have attained a specific grade level or are within a specific age group; to students that meet a definition of "at-risk," as defined in the contract; to residents of a specific geographic area within the district, as defined in the contract; or to separate groups of autistic students and nondisabled students, as authorized in section 3314.061 of the Revised Code and as defined in the contract.

(2) For purposes of division (B)(1) of this section, "at-risk" students may include those students identified as gifted students under section 3324.03 of the Revised Code.

(C) Whether enrollment is limited to students who reside in the district in which the school is located or is open to residents of other districts, as provided in the policy adopted pursuant to the contract.

(D)(1) That there will be no discrimination in the admission of students to the school on the basis of race, creed, color, disability, or sex except that:

(a) The governing authority may establish single-gender schools for the purpose described in division (G) of this section provided comparable facilities and learning opportunities are offered for both boys and girls. Such comparable facilities and opportunities may be offered for each sex at separate locations.

(b) The governing authority may establish a school that simultaneously serves a group of students identified as autistic and a group of students who are not disabled, as authorized in section 3314.061 of the Revised Code. However, unless the total capacity established for the school has been filled, no student with any disability shall be denied admission on the basis of that disability.

(2) That upon admission of any student with a disability, the community school will comply with all federal and state laws regarding the education of students with disabilities.

(E) That the school may not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, or athletic ability, except that a school may limit its enrollment to students as described in division (B) of this section.

(F) That the community school will admit the number of students that does not exceed the capacity of the school's programs, classes, grade levels, or facilities.

(G) That the purpose of single-gender schools that are established shall be to take advantage of the academic benefits some students realize from single-gender instruction and facilities and to offer students and parents residing in the district the option of a single-gender education.

(H) That, except as otherwise provided under division (B) of this section or section 3314.061 of the Revised Code, if the number of applicants exceeds the capacity restrictions of division (F) of this section, students shall be admitted by lot from all those submitting applications, except preference shall be given to students attending the school the previous year and to students who reside in the district in which the school is located. Preference may be given to siblings of students attending the school the previous year.

Notwithstanding divisions (A) to (H) of this section, in the event the racial composition of the enrollment of the community school is violative of a federal desegregation order, the community school shall take any and all corrective measures to comply with the desegregation order.

Sec. 3314.062.  No community school shall admit any student who is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code in the school district in which the community school is located and who is or would be assigned under section 3319.01 of the Revised Code, for the school year in which admission is sought, to a district building whose most recent rating issued under section 3302.03 of the Revised Code is better than the most recent rating issued to the community school under section 3314.012 of the Revised Code, unless one of the following applies to the student:

(A) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code.

(B) The principal of the district building to which the student is or would be assigned approves the student's admission to the community school.

In accordance with division (B) of section 3314.012 of the Revised Code, the ratings a community school receives for its first two years of operation shall not be considered in determining if the school is subject to this section. Nothing in this section shall prohibit a community school from continuing to enroll a student who was admitted prior to the school becoming subject to this section.

Section 2.  That existing section 3314.06 of the Revised Code is hereby repealed.