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H. B. No. 180 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Hagan, R., Strahorn
A BILL
To amend sections 3314.03 and 3326.11 and to enact
sections 3313.5310, 3707.56, and 3707.57 of the
Revised Code with regard to sudden cardiac arrest
in youth athletic activities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03 and 3326.11 be amended and
sections 3313.5310, 3707.56, and 3707.57 of the Revised Code be
enacted to read as follows:
Sec. 3313.5310. (A)(1) This section applies to both of the
following:
(a) Any school operated by a school district board of
education;
(b) Any chartered or nonchartered nonpublic school that is
subject to the rules of an interscholastic conference or an
organization that regulates interscholastic conferences or events.
(2) As used in this section, "athletic activity" means all of
the following:
(a) Interscholastic athletics;
(b) An athletic contest or competition that is sponsored by
or associated with a school that is subject to this section,
including cheerleading, club-sponsored sports activities, and
sports activities sponsored by school-affiliated organizations;
(c) Noncompetitive cheerleading that is sponsored by
school-affiliated organizations;
(d) Practices, interschool practices, and scrimmages for all
of the activities described in divisions (A)(2)(a), (b), and (c)
of this section.
(B) Prior to the start of each athletic season, a school that
is subject to this section may hold an informational meeting for
students, parents, guardians, other persons having care or charge
of a student, physicians, pediatric cardiologists, athletic
trainers, and any other persons regarding the symptoms and warning
signs of sudden cardiac arrest for all ages of students.
(C) No student shall participate in an athletic event until
the student has submitted to a designated school official a form
signed by the student and the parent, guardian, or other person
having care or charge of the student stating that the student and
the parent, guardian, or other person having care or charge of the
student have received and reviewed a copy of the information
developed by the departments of health and education and posted on
their respective internet web sites as required by section 3707.57
of the Revised Code. A completed form shall be submitted each
school year, as defined in section 3313.62 of the Revised Code,
for each athletic activity in which the student participates.
(D) No individual shall coach an athletic activity unless the
individual has completed, within the previous year, the sudden
cardiac arrest training course approved by the department of
health under division (C) of section 3707.57 of the Revised Code.
(E)(1) A student shall not be allowed to participate in an
athletic activity if the student is known to have exhibited signs
or symptoms of sudden cardiac arrest at any time prior to or
following an athletic activity.
(2) A student shall be removed by the student's coach from
participation in an athletic activity if the student exhibits
signs or symptoms of sudden cardiac arrest as determined by any of
the following:
(b) A coach of the student's team;
(c) An athletic trainer licensed under Chapter 4755. of the
Revised Code;
(d) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(e) Any other official designated by a school that is subject
to this section.
(3) If a student is not allowed to participate in or is
removed from participation in an athletic activity under division
(E)(1) or (2) of this section, the student shall not return to
participation until the student is evaluated and cleared for
return in writing by any of the following:
(a) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) A certified nurse practitioner, clinical nurse
specialist, or certified nurse-midwife who holds a certificate of
authority issued under Chapter 4723. of the Revised Code;
(c) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery who specializes in cardiology.
The licensed health care providers specified in divisions
(E)(3)(a) and (b) of this section may consult with any other
licensed or certified health care providers in order to determine
whether a student is ready to return to participation.
(F) A school that is subject to this section shall establish
the following minimum penalties for a coach who violates the
provisions of division (E) of this section:
(1) For a first violation, suspension from coaching any
athletic activity for the remainder of the season;
(2) For a second violation, suspension from coaching any
athletic activity for the remainder of the season and for the next
season;
(3) For a third violation, permanent suspension from coaching
any athletic activity.
(G) Nothing in this section shall be construed to do either
of the following:
(1) Abridge or limit any rights provided under a collective
bargaining agreement entered into under Chapter 4117. of the
Revised Code prior to the effective date of this section;
(2) Create, establish, expand, reduce, contract, or eliminate
any civil liability on the part of any school that is subject to
this section or any employee of a school that is subject to this
section.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(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 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, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.5310, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.643, 3313.648, 3313.6411, 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, 3313.817, 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 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 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.
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, 3313.5310, 3313.608, 3313.6012, 3313.6013,
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,
3313.643, 3313.648, 3313.6411, 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, 3313.801,
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. 3707.56. A sponsor of an athletic activity that is not
associated with a school that is subject to section 3313.5310 of
the Revised Code is encouraged to follow the provisions of that
section.
Sec. 3707.57. (A) The department of health and the
department of education jointly shall develop and shall post on
their respective internet web sites guidelines and other relevant
materials to inform and educate students participating in or
desiring to participate in an athletic activity, their parents,
and their coaches about the nature and warning signs of sudden
cardiac arrest. These guidelines and materials shall address the
risks associated with continuing to participate in an athletic
event after experiencing one or more symptoms of sudden cardiac
arrest, such as fainting, difficulty breathing, chest pains,
dizziness, and an abnormal racing heart rate.
(B) In developing guidelines and materials under division (A)
of this section, the departments may utilize existing materials
developed by the parent heart watch organization, the sudden
arrhythmia death syndromes foundation, and any other organizations
deemed appropriate by the departments.
(C) For purposes of the training required for a coach of an
athletic activity under division (D) of section 3313.5310 of the
Revised Code, the department of health shall approve a sudden
cardiac training course offered by an outside entity.
Section 2. That existing sections 3314.03 and 3326.11 of the
Revised Code are hereby repealed.
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