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S. B. No. 158 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 3314.35 of the Revised Code to
exempt from closure certain community schools that
enroll students receiving behavioral health
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3314.35 of the Revised Code be
amended to read as follows:
Sec. 3314.35. (A)(1) Except as provided in division (A)(4)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2009, but before
July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(2) Except as provided in division (A)(4) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2011, but before July 1, 2013:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(3) Except as provided in division (A)(4) of this section,
this section applies to any community school that meets one of the
following criteria on or after July 1, 2013:
(a) The school does not offer a grade level higher than three
and, for two of the three most recent school years, satisfies any
of the following criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment March 22, 2013;
(ii) The school has received a grade of "F" in improving
literacy in grades kindergarten through three under division
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) of section 3302.03 of the Revised Code.
(b) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine and, for two of the
three most recent school years, satisfies any of the following
criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment March 22, 2013;
(ii) The school has received a grade of "F" for the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) and a grade of "F" for the value-added progress
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of
section 3302.03 of the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) and a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code.
(c) The school offers any of grade levels ten to twelve and,
for two of the three most recent school years, satisfies any of
the following criteria:
(i) The school has been declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, as it existed
prior to the effective date of this amendment March 22, 2013;
(ii) The school has received a grade of "F" for the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) and has not met annual measurable objectives under
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of
the Revised Code;
(iii) The school has received an overall grade of "F" under
division (C) and a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code.
For purposes of division (A)(3) of this section only, the
value-added progress dimension for a community school shall be
calculated using assessment scores for only those students to whom
the school has administered the achievement assessments prescribed
by section 3301.0710 of the Revised Code for at least the two most
recent school years.
(4) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school. Rather, such schools shall be subject to
closure only as provided in section 3314.351 of the Revised Code.
However, prior to July 1, 2014, a community school in which a
majority of the students are enrolled in a dropout prevention and
recovery program shall be exempt from this section only if it has
been granted a waiver under section 3314.36 of the Revised Code.
(b) Any community school in which a majority of the enrolled
students are either:
(i) Are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code;
(ii) Have been diagnosed with a behavioral health problem and
are receiving behavioral health services from an agency licensed
or certified by the department of mental health, department of job
and family services, or department of alcohol and drug addiction
services.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) or (2) of this section.
Section 2. That existing section 3314.35 of the Revised Code
is hereby repealed.
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