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H. B. No. 479 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Terhar, Blair, Henne, Romanchuk
A BILL
To amend section 3314.06 and to enact sections
3314.0110, 3314.0111, and 3314.0112 of the Revised
Code and to amend Section 263.325 of Am. Sub. H.B.
59 of the 130th General Assembly to authorize the
establishment of enterprise academy community
schools that operate on an extended-day,
year-round schedule, use competency-based mastery
curriculum model, use blended learning for core
subjects, and offer alternative college- and
career-ready pathways and to give such schools
priority for grants awarded under the Straight A
Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3314.06 be amended and sections
3314.0110, 3314.0111, and 3314.0112 of the Revised Code be enacted
to read as follows:
Sec. 3314.0110. (A)(1) Notwithstanding anything in the
Revised Code to the contrary, a community school may be
established under this chapter as an enterprise academy, which
shall operate in accordance with this section. An enterprise
academy community school may be established in any school district
or, by a consortium of adjacent school districts, with a
population of not less than fifteen thousand persons entitled to
attend school under section 3314.64 or 3314.65 of the Revised
Code. Unless otherwise specified in this section, each enterprise
academy community school shall comply with all provisions of this
chapter.
(2) Each enterprise academy community school shall be
administered by a governing authority as described in division (E)
of section 3314.02 of the Revised Code, which shall be selected by
the board of education of the school district, or by the boards of
the districts of the consortium, for which the school is
established. Each academy shall have a sponsor, which shall be one
of the entities described in division (C)(1) of section 3314.02 of
the Revised Code. The governing authority and the sponsor shall
enter into a contract, as prescribed by section 3314.03 of the
Revised Code, which shall describe the differentiated nature of
the school's instructional program and prescribe an academic
accountability plan.
(3) For each enterprise academy, the board of education of
the school district, or the boards of the districts of the
consortium, for which the school is established shall complete a
site selection process in order to determine the location for the
school. In making this determination, the board or boards shall
ensure that the location for the school and the neighborhood
surrounding the school is generally considered safe for students.
(B) Each enterprise academy community school shall operate on
a year-round schedule under which the school shall be open for
instruction with students in attendance in each month of the
school year for two hundred and twenty days. Each school day shall
consist of not less than nine clock hours with students in
attendance, except in such emergency situations as are approved by
the state board of education.
Each enterprise academy community school shall provide
instruction for students of school age, as prescribed by division
(B) of section 3313.64 of the Revised Code, and to preschool age
children, as provided in division (C)(3) of this section.
Transportation to and from the school for school age children
shall be provided in accordance with section 3314.09 or 3314.091
of the Revised Code. Transportation for preschool age children may
be provided by the school in accordance with a plan adopted by the
school's governing authority.
(C)(1) Each enterprise academy community school is exempted
from the Ohio core curriculum prescribed by division (C) of
section 3313.603 of the Revised Code. The curriculum of the school
shall be developed by the governing authority. The pace of
completion of the curriculum shall be individualized for each
student. Each enterprise academy community school shall provide
competency, mastery-based, and blended learning opportunities so
that completing the high school curriculum and transitioning to
earning an associate degree is as seamless as possible. As used in
this section, "blended learning" has the same meaning as in
section 3301.079 of the Revised Code.
At a minimum, the curriculum shall include all of the
following:
(a) "Core requirement" courses, which shall provide students
with the ability to score at or above the proficient level, as
determined by the state board pursuant to division (A)(2)(b) of
section 3301.0710 of the Revised Code, on the state achievement
assessments prescribed by section 3301.0710 of the Revised Code;
(b) Courses on citizenship, entrepreneurship, and financial
literacy. Each governing authority may use either the academic
content standards developed by the state board of education under
section 3301.079 of the Revised Code or may develop its own
standards for these courses.
(c) Supervised vigorous physical activity, to be provided in
a manner prescribed by the governing authority. Participation in
varsity athletics shall be considered as satisfying this
requirement.
(d) Study hall and mentorship, which shall account for not
less than one clock hour per school day. Each study hall shall be
staffed by a qualified teacher and may include mentorship
activities such as career counseling. Mentorship may be provided
by private organizations, including, but not limited to, big
brothers big sisters or similar organizations.
(e) Courses beyond the core requirement courses, depending
upon the progress of each individual student. The course content
and the manner in which these courses are offered shall be left to
the discretion of the governing authority.
(f) Participation in a dual enrollment program, as defined by
section 3301.6013 of the Revised Code. Participation shall be in
one of the following programs:
(i) The post-secondary enrollment options program established
under Chapter 3365. of the Revised Code. Students may enroll only
in courses that will further college or career readiness as
determined by the chancellor of the Ohio board of regents and the
superintendent of public instruction.
(ii) Another dual enrollment program in an agricultural,
industrial, vocational, or trade school or obtainment of an
industry certification or apprenticeship in any field.
To the extent possible, instruction in dual enrollment
programs under division (C)(1)(f) of this section shall be
provided on-site at the enterprise academy community school.
The chancellor and the superintendent of public instruction
jointly shall adopt rules prescribing standards for and
administration of these programs. The rules shall require all
state institutions of higher education, as defined in section
3345.011 of the Revised Code, to accept and award credit for any
course offered at the enterprise academy community school under
the post-secondary enrollment options program.
Each enterprise academy may enter into partnerships with
applicable institutions and groups, including, but not limited to,
institutions of higher education and agricultural, industrial,
vocational, and trade schools. These programs shall be funded by
the chancellor with funds as appropriated by the general assembly.
(2) A combination of technology-based instruction, including
internet- or computer-based instruction, and classroom-based
instruction shall be provided to each student. Students shall be
grouped according to age, but shall not be assigned traditional
grade levels. Teachers shall permit each student to advance
through the curriculum at the student's own pace.
(3) All-day kindergarten, as defined in section 3321.05 of
the Revised Code, and early childhood education for children who
are toilet-trained and at least two and one-half years old shall
be provided at each enterprise academy community school. Early
childhood education shall be funded, to the extent possible, by
federal funding allocated for daycare and early childhood
education initiatives and by such other programs authorized by
state law. For purposes of this section, a "toilet-trained" child
is one who no longer requires the use of diapers, training pants,
or disposable pull-up underwear.
(4) Students with disabilities shall be provided with special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(5) Notwithstanding anything to the contrary in the Revised
Code, an enterprise academy community school shall grant course
credit to any student who does not complete a course of
instruction but who demonstrates competency in that course's
subject matter by way of attaining a score, as determined by the
department of education, in any of the assessments required under
division (A) or (B)(1) of section 3301.0710 or division (B)(2) of
section 3301.0712 of the Revised Code. For purposes of division
(C)(5) of this section, if an assessment is not administered under
those sections for a core requirement course subject or for a
specific grade level, or both, the department of education shall
develop or select an assessment, and score range, by which a
student may demonstrate competency in that subject at that grade
level for course credit.
(D) Notwithstanding anything in the Revised Code to the
contrary, each full-time teacher employed by an enterprise academy
community school shall be paid not less than eighty-five thousand
dollars per school year.
(E) Annually, on the same dates designated by the
superintendent of public instruction under division (C) of section
3301.0710 of the Revised Code for the spring administration of the
state achievement assessments, each enterprise academy community
school shall report the percentage of students who have earned
course credit under division (C)(5) of this section by age and
highest grade level of competency.
(F) Notwithstanding anything to the contrary in section
3314.05 of the Revised Code, an enterprise academy community
school may offer classes and operate in separate buildings under
the same contract.
Sec. 3314.0111. (A) Annually the department of education
shall report for each enterprise academy community school
established under section 3314.0110 of the Revised Code both of
the following components:
(1) For the college-ready component, the percentage of
students who attend a college or university within one year after
graduation and who complete a bachelor's degree within three years
of graduation from the academy;
(2) For the career-ready component, the percentage of
students who earn not less than two hundred per cent of the
minimum wage, as defined in Chapter 4111. of the Revised Code,
within one year after graduation from the academy and the
percentage of students who earn not less than two hundred fifty
per cent of the minimum wage within three years after graduation
from the academy.
(B) The department of education shall annually report a
letter grade for both the college- and the career-ready component
defined in division (A) of this section for each enterprise
academy. The state board of education shall prescribe benchmarks
based upon the criteria in division (A) of this section for the
assignment of these letter grades.
(C) No enterprise academy community school shall receive a
building or district grade as prescribed by sections 3302.03 and
3314.012 or section 3314.017 of the Revised Code.
Sec. 3314.0112. The state board of education, through the
department of education, shall appoint the director of enterprise
academy community schools, who shall serve at the pleasure of the
state board and shall oversee the operations of enterprise
academies established under section 3314.0110 of the Revised Code.
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,
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.
Additionally, except as otherwise provided in this section,
admission to the school may be open on a tuition basis to any
individual age five to twenty-two who is not a resident of this
state. The school shall not receive state funds under section
3314.08 of the Revised Code for any student who is not a resident
of this state.
An individual younger than five years of age may be admitted
to the school in accordance with division (A)(2) of section
3321.01 of the Revised Code. The school shall receive funds for an
individual admitted under that division in the manner provided
under section 3314.08 of the Revised Code.
An individual younger than five years of age, but at least
two and one-half years of age, may be admitted to an enterprise
academy community school established under section 3314.0110 of
the Revised Code, in accordance with division (C)(3) of that
section.
(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 do either of the following
for the purpose described in division (G) of this section:
(i) Establish a single-gender school for either sex;
(ii) Establish single-gender schools for each sex under the
same contract, provided substantially equal facilities and
learning opportunities are offered for both boys and girls. Such
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.
Section 2. That existing section 3314.06 of the Revised Code
is hereby repealed.
Section 3. That Section 263.325 of Am. Sub. H.B. 59 of the
130th General Assembly be amended to read as follows:
Sec. 263.325. (A) The Straight A Program is hereby created
for fiscal years 2014 and 2015 to provide grants to city, local,
exempted village, and joint vocational school districts,
educational service centers, community schools established under
Chapter 3314., STEM schools established under Chapter 3326.,
college-preparatory boarding schools established under Chapter
3328. of the Revised Code, individual school buildings, education
consortia (which may represent a partnership among school
districts, school buildings, community schools, or STEM schools),
institutions of higher education, and private entities partnering
with one or more of the educational entities identified in this
division for projects that aim to achieve significant advancement
in one or more of the following goals:
(2) Spending reduction in the five-year fiscal forecast
required under section 5705.391 of the Revised Code;
(3) Utilization of a greater share of resources in the
classroom.
(B)(1) Grants shall be awarded by a nine-member governing
board consisting of the Superintendent of Public Instruction, or
the Superintendent's designee, four members appointed by the
Governor, two members appointed by the Speaker of the House of
Representatives, and two members appointed by the President of the
Senate. The Department of Education shall provide administrative
support to the board. No member shall be compensated for the
member's service on the board.
(2) The board shall select grant advisors with fiscal
expertise and education expertise. These advisors shall evaluate
proposals from grant applicants and advise the staff administering
the program. No advisor shall be compensated for this service.
(3) The board shall issue an annual report to the Governor,
the Speaker of the House of Representatives, the President of the
Senate, and the chairpersons of the House and Senate committees
that primarily deal with education regarding the types of grants
awarded, the grant recipients, and the effectiveness of the grant
program.
(4) The board shall create a grant application and publish on
the Department's web site the application and timeline for the
submission, review, notification, and awarding of grant proposals.
(5) With the approval of the board, the Department shall
establish a system for evaluating and scoring the grant
applications received under this section.
(C) Each grant applicant shall submit a proposal that
includes all of the following:
(1) A description of the project for which the applicant is
seeking a grant, including a description of how the project will
have substantial value and lasting impact;
(2) An explanation of how the project will be
self-sustaining. If the project will result in increased ongoing
spending, the applicant shall show how the spending will be offset
by verifiable, credible, permanent spending reductions.
(3) A description of quantifiable results of the project that
can be benchmarked.
If an education consortia described in division (A) of this
section applies for a grant, the lead applicant shall be the
school district, school building, community school, or STEM school
that is a member of the consortia and shall so indicate on the
grant application.
(D)(1) Within seventy-five days after receiving a grant
application, the board shall issue a decision on the application
of "yes," "no," "hold," or "edit." In making its decision, the
board shall consider whether the project has the capability of
being replicated in other school districts and schools or creates
something that can be used in other districts and schools. A grant
awarded under this section to a school district, educational
service center, community school, STEM school, college-preparatory
boarding school, individual school building, institution of higher
education, or private entity partnering with one or more of the
educational entities identified in division (A) of this section
shall not exceed $5,000,000 in each fiscal year. A grant awarded
to an education consortia shall not exceed $15,000,000 in each
fiscal year. The Superintendent of Public Instruction may make
recommendations to the Controlling Board that these maximum
amounts be exceeded. Upon Controlling Board approval, grants may
be awarded in excess of these amounts.
(2) If the board issues a "hold" or "edit" decision for an
application, it shall, upon returning the application to the
applicant, specify the process for reconsideration of the
application. An applicant may work with the grant advisors and
staff to modify or improve a grant application.
(E) Upon deciding to award a grant to an applicant, the board
shall enter into a grant agreement with the applicant that
includes all of the following:
(1) The content of the applicant's proposal as outlined under
division (C) of this section;
(2) The project's deliverables and a timetable for their
completion;
(3) Conditions for receiving grant funding;
(4) Conditions for receiving funding in future years if the
contract is a multi-year contract;
(5) A provision specifying that funding will be returned to
the board if the applicant fails to implement the agreement, as
determined by the Auditor of State.
(6) A provision specifying that the agreement may be amended
by mutual agreement between the board and the applicant.
(F) An advisory committee for the Straight A Program is
hereby established. The committee shall consist of not more than
eleven members appointed by the Governor that represent all areas
of the state and different interests. The committee shall annually
review the Straight A Program and provide strategic advice to the
governing board and the Director of the Governor's Office of 21st
Century Education.
(G) Each grant awarded under this section shall be subject to
approval by the Controlling Board prior to execution of the grant
agreement.
(H) Notwithstanding anything to the contrary, a grant
application submitted under this section within the applicable
timeline by an enterprise academy community school, established
under section 3314.0110 of the Revised Code, shall be considered
by the board to automatically meet the goals of the program
described in division (A) of this section. In reviewing the grant
applications, the board shall first consider all grants submitted
by enterprise academy community schools and shall issue a decision
for each application pursuant to division (D)(1) of this section.
Notwithstanding division (D)(1) of this section, grants awarded to
enterprise academy community schools shall not exceed $3,000,000.
Section 4. That existing Section 263.325 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
Section 5. In order to achieve the primary goals of the State
of Ohio's education system, enterprise academy community schools
shall be established to ensure that students are provided with an
alternative pathway to be adequately prepared for success in
college or in the career of their choice. In order to obtain this
success, the purpose of such schools is to do all of the
following:
(A) Produce the best informed, strongest citizens in Ohio and
in the nation;
(B) Generate the most competitive graduates in the nation and
attract businesses to locate their operations in Ohio;
(C) Help students graduate with both a high school diploma
and an associate's degree at the time of graduation from the
enterprise academy in order to minimize debt incurred for higher
education;
(D) Ensure that all graduates find well-paying and stable
jobs that are capable of supporting a family.
Section 6. If a new start-up community school is established
as an enterprise academy, in accordance with section 3314.0110 of
the Revised Code, and initially opens for operation in the
2014-2015 school year, the school's governing authority and the
governing board of the school's sponsor shall not be subject to
the deadlines prescribed by division (D) of section 3314.02 of the
Revised Code for adoption and signing of the contract entered into
under section 3314.03 of the Revised Code, but those parties shall
adopt and sign the contract, and file a copy of it with the
Superintendent of Public Instruction, prior to the school's
opening.
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