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H. B. No. 362 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Scherer, Derickson
Cosponsors:
Representatives Anielski, Blessing, Butler, Roegner, Young
A BILL
To amend sections 3301.162, 3314.03, 3326.02,
3326.03, 3326.04, and 3326.09 and to enact section
3326.032 of the Revised Code to authorize the STEM
Committee to grant a designation of STEM school
equivalent to a community school or chartered
nonpublic school and to make other revisions to
the law regarding STEM schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.162, 3314.03, 3326.02,
3326.03, 3326.04, and 3326.09 be amended and section 3326.032 of
the Revised Code be enacted to read as follows:
Sec. 3301.162. (A) If the governing authority of a chartered
nonpublic school intends to close the school, the governing
authority shall notify all of the following of that intent prior
to closing the school:
(1) The department of education;
(2) The school district that receives auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school;
(3) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board of education, if applicable;
(4) If the school has been designated as a STEM school
equivalent under section 3326.032 of the Revised Code, the STEM
committee established under section 3326.02 of the Revised Code.
The notice shall include the school year and, if possible,
the actual date the school will close.
(B) The chief administrator of each chartered nonpublic
school that closes shall deposit the school's records with either:
(1) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board, if applicable;
(2) The school district that received auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
on behalf of the students enrolled in the school.
The school district that receives the records may charge for
and receive a one-time reimbursement from auxiliary services
funding under division (E) of section 3317.024 of the Revised Code
for costs the district incurred to store the records.
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 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, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
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.
(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 (H)(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.
(26) Whether the school's governing authority is planning to
seek designation for the school as a STEM school equivalent under
section 3326.032 of the Revised Code.
(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. 3326.02. There is hereby established a the STEM
committee of the department of education consisting of the
following members:
(A) The superintendent of public instruction;
(B) The chancellor of the Ohio board of regents;
(C) The director of development;
(D) Four members of the public, two of whom shall be
appointed by the governor, one of whom shall be appointed by the
speaker of the house of representatives, and one of whom shall be
appointed by the president of the senate. Members of the public
shall be appointed based on their expertise in business or in STEM
fields. The initial members of the committee shall be appointed
under division (D) of this section not later than forty-five days
after June 30, 2007.
All members of the committee appointed under division (D) of
this section shall serve at the pleasure of their appointing
authority.
Members of the committee shall receive no compensation for
their services. The department of education shall provide
administrative support for the committee.
Sec. 3326.03. (A) The STEM committee shall authorize the
establishment of and award grants to science, technology,
engineering, and mathematics schools based on proposals submitted
to the committee.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals to approve to
become a STEM school. In approving proposals for STEM schools, the
committee shall consider locating the schools in diverse
geographic regions of the state so that all students have access
to a STEM school.
The committee may authorize the establishment of a group of
multiple STEM schools to operate from multiple facilities located
in one or more school districts under the direction of a single
governing body in the manner prescribed by section 3326.031 of the
Revised Code. The committee shall consider the merits of each of
the proposed STEM schools within a group and shall authorize each
school separately. Anytime after authorizing a group of STEM
schools to be under the direction of a single governing body, upon
a proposal from the governing body, the committee may authorize
one or more additional schools to operate as part of that group.
The STEM committee may approve one or more STEM schools to
serve only students identified as gifted under Chapter 3324. of
the Revised Code.
(B) Proposals may be submitted only by a partnership of
public and private entities consisting of at least all of the
following:
(1) A city, exempted village, local, or joint vocational
school district or an educational service center;
(2) Higher education entities;
(3) Business organizations.
A community school established under Chapter 3314. of the
Revised Code, a chartered nonpublic school, or both may be part of
the partnership.
(C) Each proposal shall include at least the following:
(1) Assurances that the STEM school or group of STEM schools
will be under the oversight of a governing body and a description
of the members of that governing body and how they will be
selected;
(2) Assurances that each STEM school will operate in
compliance with this chapter and the provisions of the proposal as
accepted by the committee;
(3) Evidence that each school will offer a rigorous, diverse,
integrated, and project-based curriculum to students in any of
grades six through twelve, with the goal to prepare those students
for college, the workforce, and citizenship, and that does all of
the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that each school will attract school leaders who
support the curriculum principles of division (C)(3) of this
section;
(5) A description of how each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that each school will utilize an established
capacity to capture and share knowledge for best practices and
innovative professional development;
(7) Evidence that each school will operate in collaboration
with a partnership that includes institutions of higher education
and businesses;
(8) Assurances that each school has received commitments of
sustained and verifiable fiscal and in-kind support from regional
education and business entities;
(9) A description of how each school's assets will be
distributed if the school closes for any reason.
Sec. 3326.032. (A) The STEM committee may grant a
designation of STEM school equivalent to a community school
established under Chapter 3314. of the Revised Code or to a
chartered nonpublic school. In order to be eligible for this
designation, a community school or chartered nonpublic school
shall submit a proposal that satisfies the requirements of this
section.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals warrant a community
school or chartered nonpublic school to be designated as a STEM
school equivalent.
(B) A proposal for designation as a STEM school equivalent
shall include at least the following:
(1) Assurances that the community school or chartered
nonpublic school submitting the proposal has a working partnership
with both public and private entities, including higher education
entities and business organizations;
(2) Assurances that the school submitting the proposal will
operate in compliance with this section and the provisions of the
proposal as accepted by the committee;
(3) Evidence that the school submitting the proposal will
offer a rigorous, diverse, integrated, and project-based
curriculum to students in any of grades six through twelve, with
the goal to prepare those students for college, the workforce, and
citizenship, and that does all of the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that the school submitting the proposal will
attract school leaders who support the curriculum principles of
division (B)(3) of this section;
(5) A description of how each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that the school submitting the proposal will
utilize an established capacity to capture and share knowledge for
best practices and innovative professional development;
(7) Assurances that the school submitting the proposal has
received commitments of sustained and verifiable fiscal and
in-kind support from regional education and business entities.
(C)(1) A community school or chartered nonpublic school that
is designated as a STEM school equivalent under this section shall
not be subject to the requirements of Chapter 3326. of the Revised
Code, except that the school shall be subject to the requirements
of this section and to the curriculum requirements of section
3326.09 of the Revised Code.
Nothing in this section, however, shall relieve a community
school of the applicable requirements of Chapter 3314. of the
Revised Code. Nor shall anything in this section relieve a
chartered nonpublic school of any provisions of law outside of
this chapter that are applicable to chartered nonpublic schools.
(2) A community school or chartered nonpublic school that is
designated as a STEM school equivalent under this section shall
not be eligible for operating funding under sections 3326.31 to
3326.37, 3326.39 to 3326.40, and 3326.51 of the Revised Code.
(3) A community school or chartered nonpublic school that is
designated as a STEM school equivalent under this section may
apply for any of the grants and additional funds described in
section 3326.38 of the Revised Code for which the school is
eligible.
Sec. 3326.04. (A) The STEM committee shall award grants to
support the operation of STEM programs of excellence to serve
students in any of grades kindergarten through eight through a
request for proposals.
(B) Proposals may be submitted by any of the following:
(1) The board of education of a city, exempted village, or
local school district;
(2) The governing authority of a community school established
under Chapter 3314. of the Revised Code;
(3) The governing authority of a chartered nonpublic school.
(C) Each proposal shall demonstrate to the satisfaction of
the STEM committee that the program meets at least the following
standards:
(1) Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will serve all students enrolled in the district or school
in the grades for which the program is designed.
(2) The program will offer a rigorous and diverse curriculum
that is based on scientific inquiry and technological design, that
emphasizes personalized learning and teamwork skills, and that
will expose students to advanced scientific concepts within and
outside the classroom.
(3) Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will not limit participation of students on the basis of
intellectual ability, measures of achievement, or aptitude.
(4) The program will utilize an established capacity to
capture and share knowledge for best practices and innovative
professional development.
(5) The program will operate in collaboration with a
partnership that includes institutions of higher education and
businesses.
(6) The program will include teacher professional development
strategies that are augmented by community and business partners.
(D) The STEM committee shall give priority to proposals for
new or expanding innovative programs.
Sec. 3326.09. Subject to approval by its governing body or
governing authority, the curriculum of each science, technology,
engineering, and mathematics school and of each community school
or chartered nonpublic school that is designated as a STEM school
equivalent under section 3326.032 of the Revised Code shall be
developed by a team that consists of at least the school's chief
administrative officer, a teacher, a representative of the higher
education institution that is a collaborating partner in the STEM
school or school designated as a STEM school equivalent, described
in the proposal for establishment of the school as required by
division (C)(7) of section 3326.03 of the Revised Code, and a
member of the public with expertise in the application of science,
technology, engineering, or mathematics.
Section 2. That existing sections 3301.162, 3314.03,
3326.02, 3326.03, 3326.04, and 3326.09 of the Revised Code are
hereby repealed.
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