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H. B. No. 580 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Grossman, Letson
A BILL
To amend sections 3313.60, 3313.603, 3314.03,
3326.11, and 3328.24 and to enact section
3313.6021 of the Revised Code to require
instruction in cardiopulmonary resuscitation and
the use of an automated external defibrillator as
a requirement for high school graduation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.60, 3313.603, 3314.03, 3326.11,
and 3328.24 be amended and section 3313.6021 of the Revised Code
be enacted to read as follows:
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code.
(A) The board of education of each city, exempted village,
and local school district and the board of each cooperative
education school district established, pursuant to section
3311.521 of the Revised Code, shall prescribe a curriculum for all
schools under its control. Except as provided in division (E) of
this section, in any such curriculum there shall be included the
study of the following subjects:
(1) The language arts, including reading, writing, spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio,
and national, state, and local government in the United States,
including a balanced presentation of the relevant contributions to
society of men and women of African, Mexican, Puerto Rican, and
American Indian descent as well as other ethnic and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in personal safety and assault
prevention;
(e) In grades seven through twelve, age-appropriate
instruction in dating violence prevention education, which shall
include instruction in recognizing dating violence warning signs
and characteristics of healthy relationships.
In order to assist school districts in developing a dating
violence prevention education curriculum, the department of
education shall provide on its web site links to free curricula
addressing dating violence prevention.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence prevention
instruction materials used at that school, the principal, within a
reasonable period of time after the request is made, shall allow
the parent or guardian to examine those materials at that school.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, which shall comply with section
3313.6021 of the Revised Code when offered in any of grades nine
through twelve, safety, and fire prevention, except that. However,
upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section, every
school or school district shall include in the requirements for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by the board, are able to
demonstrate mastery of essential concepts and skills of the eighth
grade American history course of study.
(C) As specified in divisions (B)(6) and (C)(6) of section
3313.603 of the Revised Code, except as provided in division (E)
of this section, every high school shall include in the
requirements for graduation from any curriculum one-half unit each
of American history and government.
(D) Except as provided in division (E) of this section, basic
instruction or demonstrated mastery in geography, United States
history, the government of the United States, the government of
the state of Ohio, local government in Ohio, the Declaration of
Independence, the United States Constitution, and the Constitution
of the state of Ohio shall be required before pupils may
participate in courses involving the study of social problems,
economics, foreign affairs, United Nations, world government,
socialism, and communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each model
curriculum developed pursuant to section 3301.079 of the Revised
Code, which copies shall be available at all times during school
hours in each district school building.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
(8) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction
both of the following:
(a) Instruction in nutrition and the benefits of nutritious
foods and physical activity for overall health;
(b) Beginning with students who enter the ninth grade for the
first time on or after July 1, 2015, training in cardiopulmonary
resuscitation and the use of an automated external defibrillator
as prescribed by section 3313.6021 of the Revised Code. However,
if a student is excused from instruction in cardiopulmonary
resuscitation under section 3313.60 of the Revised Code, the
student shall not be required to have such training.
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) History and government, one unit, which shall comply with
division (M) of this section and shall include both of the
following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(7) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(8) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
across the curriculum in order to maximize efficiency, enhance
learning, and prepare students for success in the
technology-driven twenty-first century. Districts and schools
shall use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall utilize technology access and electronic
learning opportunities provided by the broadcast educational media
commission, chancellor, the Ohio learning network, education
technology centers, public television stations, and other public
and private providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014. The
department shall submit its findings and any recommendations not
later than August 1, 2014, to the speaker and minority leader of
the house of representatives, the president and minority leader of
the senate, the chairpersons and ranking minority members of the
standing committees of the house of representatives and the senate
that consider education legislation, the state board of education,
and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum prescribed in division (C) of
this section. The department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the
program applies for the waiver, if the program meets all of the
following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board under division
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)
of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district and community
school shall comply with the state board's plan adopted under this
division and award units of high school credit in accordance with
the plan. The state board may adopt existing methods for earning
high school credit based on a demonstration of subject area
competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(8) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(8) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
(M) It is important that high school students learn and
understand United States history and the governments of both the
United States and the state of Ohio. Therefore, beginning with
students who enter ninth grade for the first time on or after July
1, 2012, the study of American history and American government
required by divisions (B)(6) and (C)(6) of this section shall
include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on
the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions
(M)(1) to (4) of this section shall include study of that document
in its original context.
The study of American history and government required by
divisions (B)(6) and (C)(6) of this section shall include the
historical evidence of the role of documents such as the
Federalist Papers and the Anti-Federalist Papers to firmly
establish the historical background leading to the establishment
of the provisions of the Constitution and Bill of Rights.
Sec. 3313.6021. (A) As used in this section, "psychomotor
skills" means the use of hands-on practice to support cognitive
learning.
(B) Beginning with students who enter ninth grade for the
first time on or after July 1, 2015, except as provided in
division (F) of this section, each school district and chartered
nonpublic school which offers grades nine to twelve shall provide
instruction in cardiopulmonary resuscitation and the use of an
automated external defibrillator and shall require successful
completion of such instruction as a condition for issuance of a
high school diploma.
Instruction shall include the psychomotor skills necessary to
perform cardiopulmonary resuscitation and use an automated
external defibrillator and shall be either of the following:
(1) An instructional program developed by the American heart
association or the American red cross that includes instruction in
cardiopulmonary resuscitation and the use of an automated external
defibrillator;
(2) An instructional program that is nationally recognized
and based on the most current national, evidence-based emergency
cardiovascular care guidelines for cardiopulmonary resuscitation
and the use of an automated external defibrillator.
(C) No student shall receive certification in cardiopulmonary
resuscitation and the use of an automated external defibrillator
unless the student is trained by an authorized or certified
instructor.
(D) Nothing in this section requires a licensed educator to
be certified to provide training in the manner prescribed by this
section to facilitate, provide, or oversee instruction in
cardiopulmonary resuscitation and the use of an automated external
defibrillator that does not result in certification of students.
(E) The department of education shall establish a procedure
for monitoring compliance with this section by school districts
and schools.
The department may withhold a percentage of the total amount
of state funds due to the district or school for the current
fiscal year, as the department determines, for failure to comply
with this section.
(F) If a student is excused from taking instruction in
cardiopulmonary resuscitation under division (A)(8) of section
3313.60 of the Revised Code, the student shall not be required to
receive instruction as prescribed by 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 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,
3313.6021, 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.
(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, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.6021, 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, 3313.96, 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 and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3313.6021, 3313.6411, 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 3313.60, 3313.603,
3314.03, 3326.11, and 3328.24 of the Revised Code are hereby
repealed.
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