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S. B. No. 190 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Cafaro, Gentile, Sawyer, Skindell, Tavares, Turner
A BILL
To amend sections 117.11, 149.351, 3313.6411,
3314.011, 3314.02, 3314.03, and 3314.06 and to
enact sections 117.102, 149.46, 3313.6412,
3314.019, 3314.025, 3314.031, 3314.062, 3314.075,
3314.085, 3314.088, 3314.103, 3314.181, 3314.352,
and 3314.45 of the Revised Code to revise the laws
regarding the operation of community schools and,
for each of fiscal years 2014 and 2015, to limit a
community school's or a STEM school's gain in
aggregate state funding over the previous fiscal
year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 117.11, 149.351, 3313.6411,
3314.011, 3314.02, 3314.03, and 3314.06 be amended and sections
117.102, 149.46, 3313.6412, 3314.019, 3314.025, 3314.031,
3314.062, 3314.075, 3314.085, 3314.088, 3314.103, 3314.181,
3314.352, and 3314.45 of the Revised Code be enacted to read as
follows:
Sec. 117.102. (A) As used in this section:
(1) "Community school" means a school established under
Chapter 3314. of the Revised Code.
(2) "Operator" has the same meaning as in section 3314.02 of
the Revised Code.
(B) The auditor of state annually shall audit each community
school operator and each community school sponsor described in
division (C)(1) of section 3314.02 or section 3314.021 or 3314.027
of the Revised Code. In the case of a nonpublic operator or
sponsor, the audit shall cover only those accounts, reports,
records, and files regarding the operator's or sponsor's receipt
or expenditure of public funds relating to the operation or
sponsorship of a community school.
Sec. 117.11. (A) Except as otherwise provided in this
division and in sections 117.102, 117.112, 117.113, and 117.114 of
the Revised Code, the auditor of state shall audit each public
office at least once every two fiscal years. The auditor of state
shall audit a public office each fiscal year if that public office
is required to be audited on an annual basis pursuant to "The
Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et
seq., as amended. In the annual or biennial audit, inquiry shall
be made into the methods, accuracy, and legality of the accounts,
financial reports, records, files, and reports of the office,
whether the laws, rules, ordinances, and orders pertaining to the
office have been observed, and whether the requirements and rules
of the auditor of state have been complied with. Except as
otherwise provided in this division or where auditing standards or
procedures dictate otherwise, each audit shall cover at least one
fiscal year. If a public office is audited only once every two
fiscal years, the audit shall cover both fiscal years.
(B) In addition to the annual or biennial audit provided for
in division (A) of this section or in section 117.114 of the
Revised Code, the auditor of state may conduct an audit of a
public office at any time when so requested by the public office
or upon the auditor of state's own initiative if the auditor of
state has reasonable cause to believe that an additional audit is
in the public interest.
(C)(1) The auditor of state shall identify any public office
in which the auditor of state will be unable to conduct an audit
at least once every two fiscal years as required by division (A)
of this section and shall provide immediate written notice to the
clerk of the legislative authority or governing board of the
public office so identified. Within six months of the receipt of
such notice, the legislative authority or governing board may
engage an independent certified public accountant to conduct an
audit pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office notifies
the auditor of state that an audit is required at a time prior to
the next regularly scheduled audit by the auditor of state, the
auditor of state shall either cause an earlier audit to be made by
the auditor of state or authorize the legislative authority or
governing board of the public office to engage an independent
certified public accountant to conduct the required audit. The
scope of the audit shall be as authorized by the auditor of state.
(3) The auditor of state shall approve the scope of an audit
under division (C)(1) or (2) of this section as set forth in the
contract for the proposed audit before the contract is executed on
behalf of the public office that is to be audited. The independent
accountant conducting an audit under division (C)(1) or (2) of
this section shall be paid by the public office.
(4) The contract for attest services with an independent
accountant employed pursuant to this section or section 115.56 of
the Revised Code may include binding arbitration provisions,
provisions of Chapter 2711. of the Revised Code, or any other
alternative dispute resolution procedures to be followed in the
event a dispute remains between the state or public office and the
independent accountant concerning the terms of or services under
the contract, or a breach of the contract, after the
administrative provisions of the contract have been exhausted.
(D) If a uniform accounting network is established under
section 117.101 of the Revised Code, the auditor of state or a
certified public accountant employed pursuant to this section or
section 115.56 or 117.112 of the Revised Code shall, to the extent
practicable, utilize services offered by the network in order to
conduct efficient and economical audits of public offices.
(E) The auditor of state, in accordance with division (A)(3)
of section 9.65 of the Revised Code and this section, may audit an
annuity program for volunteer fire fighters established by a
political subdivision under section 9.65 of the Revised Code. As
used in this section, "volunteer fire fighters" and "political
subdivision" have the same meanings as in division (C) of section
9.65 of the Revised Code.
Sec. 149.351. (A) All records are the property of the public
office concerned and shall not be removed, destroyed, mutilated,
transferred, or otherwise damaged or disposed of, in whole or in
part, except as provided by law or under the rules adopted by the
records commissions provided for under sections 149.38 to 149.42
and section 149.46 of the Revised Code or under the records
programs established by the boards of trustees of state-supported
institutions of higher education under section 149.33 of the
Revised Code. Those records shall be delivered by outgoing
officials and employees to their successors and shall not be
otherwise removed, destroyed, mutilated, or transferred
unlawfully.
(B) Any person who is aggrieved by the removal, destruction,
mutilation, or transfer of, or by other damage to or disposition
of a record in violation of division (A) of this section, or by
threat of such removal, destruction, mutilation, transfer, or
other damage to or disposition of such a record, may commence
either or both of the following in the court of common pleas of
the county in which division (A) of this section allegedly was
violated or is threatened to be violated:
(1) A civil action for injunctive relief to compel compliance
with division (A) of this section, and to obtain an award of the
reasonable attorney's fees incurred by the person in the civil
action;
(2) A civil action to recover a forfeiture in the amount of
one thousand dollars for each violation, but not to exceed a
cumulative total of ten thousand dollars, regardless of the number
of violations, and to obtain an award of the reasonable attorney's
fees incurred by the person in the civil action not to exceed the
forfeiture amount recovered.
(C)(1) A person is not aggrieved by a violation of division
(A) of this section if clear and convincing evidence shows that
the request for a record was contrived as a pretext to create
potential liability under this section. The commencement of a
civil action under division (B) of this section waives any right
under this chapter to decline to divulge the purpose for
requesting the record, but only to the extent needed to evaluate
whether the request was contrived as a pretext to create potential
liability under this section.
(2) In a civil action under division (B) of this section, if
clear and convincing evidence shows that the request for a record
was a pretext to create potential liability under this section,
the court may award reasonable attorney's fees to any defendant or
defendants in the action.
(D) Once a person recovers a forfeiture in a civil action
commenced under division (B)(2) of this section, no other person
may recover a forfeiture under that division for a violation of
division (A) of this section involving the same record, regardless
of the number of persons aggrieved by a violation of division (A)
of this section or the number of civil actions commenced under
this section.
(E) A civil action for injunctive relief under division
(B)(1) of this section or a civil action to recover a forfeiture
under division (B)(2) of this section shall be commenced within
five years after the day in which division (A) of this section was
allegedly violated or was threatened to be violated.
Sec. 149.46. Each community school, established under Chapter
3314. of the Revised Code, shall have a school records commission.
The commission shall meet at least once every twelve months. The
function of the commission shall be to review applications for
one-time disposal of obsolete records and schedules of records
retention and disposition submitted by any employee of the school.
The commission may dispose of records pursuant to the procedure
outlined in section 149.381 of the Revised Code. The commission,
at any time, may review any schedule it has previously approved
and, for good cause shown, may revise that schedule under the
procedure outlined in that section.
Sec. 3313.6411. (A) As used in this section and section
3313.6412 of the Revised Code, "parent" has the same meaning as in
section 3313.98 of the Revised Code.
(B) When a student enrolls in a school operated by a city,
exempted village, or local school district, a school official with
responsibility for admissions shall provide the student's parent,
during the admissions process, with a copy of the most recent
report card issued under section 3302.03 of the Revised Code.
Sec. 3313.6412. When the parent of a student enrolled in a
school operated by a city, exempted village, or local school
district notifies the school of the parent's intent to withdraw
the student from the school, a school official with responsibility
for admissions shall do the following:
(A) Determine if the parent intends to enroll the student in
a community school established under Chapter 3314. of the Revised
Code and, if so, the name of that school;
(B) If the parent intends to enroll the student in a
community school, provide the parent with a copy of the most
recent report card issued under section 3302.03 of the Revised
Code for the school in which the student is currently enrolled and
for the community school in which the parent intends to enroll the
student to enable the parent to compare the academic performance
of the two schools.
Sec. 3314.011. Every community school established under this
chapter shall have a designated fiscal officer. The auditor of
state may require by rule that the fiscal officer of any community
school, before entering upon duties as fiscal officer of the
school, execute a bond in an amount and with surety to be approved
by the governing authority of the school, payable to the state,
conditioned for the faithful performance of all the official
duties required of the fiscal officer. Any such bond shall be
deposited with the governing authority of the school, and a copy
thereof, certified by the governing authority, shall be filed with
the county auditor.
Prior to assuming the duties of fiscal officer, the fiscal
officer designated under this section shall be licensed under
section 3301.074 of the Revised Code. Any person serving as a
fiscal officer of a community school on the effective date of this
amendment March 22, 2013, who is not licensed as a treasurer shall
be permitted to serve as a fiscal officer for not more than one
year following the effective date of this amendment until March
22, 2014. Beginning on that date and thereafter On and after March
22, 2014, no community school shall permit any individual to serve
as a fiscal officer without a license as required by this section.
No moneys of a community school shall be paid out except on a
check signed by the fiscal officer. If the fiscal officer is
incapacitated in such a manner that the fiscal officer is unable
to sign checks, the governing authority may appoint an officer of
the school to sign checks in the capacity of the fiscal officer.
Payroll disbursements constitute an exception to this requirement
if otherwise provided by law.
Sec. 3314.019. Beginning with the report cards, issued under
sections 3302.03 and 3314.012 of the Revised Code, for the
2014-2015 school year, a community school that receives an overall
letter grade of "D" or "F" on its annual report card shall not
merge or combine with another community school until the community
school receives an overall grade of "C" or better on a subsequent
report card.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school
district or the governing board of an educational service center
that agrees to the conversion of all or part of a school or
building under division (B) of this section, or an entity listed
in division (C)(1) of this section, which either has been approved
by the department of education to sponsor community schools or is
exempted by section 3314.021 or 3314.027 of the Revised Code from
obtaining approval, and with which the governing authority of a
community school enters into a contract under section 3314.03 of
the Revised Code.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that meets one of the following
conditions:
(i) On March 22, 2013, the district was in a state of
academic emergency or in a state of academic watch under section
3302.03 of the Revised Code, as that section existed prior to
March 22, 2013;
(ii) For two of the 2012-2013, 2013-2014, and 2014-2015
school years, the district received a grade of "D" or "F" for the
performance index score and a grade of "F" for the value-added
progress dimension under section 3302.03 of the Revised Code;
(iii) For the 2015-2016 school year and for any school year
thereafter, the district has received an overall grade of "D" or
"F" under division (C)(3) of section 3302.03 of the Revised Code,
or, for at least two of the three most recent school years, the
district received a grade of "F" for the value-added progress
dimension under division (C)(1)(e) of that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of
school districts according to performance index score under
section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. A proposing person or group that
has a preliminary agreement under this division may proceed to
finalize plans for the school, establish a governing authority for
the school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county. However, the governing board of an educational service
center may sponsor a new start-up school in any challenged school
district in the state if all of the following are satisfied:
(i) If applicable, it satisfies the requirements of division
(E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii) It enters into an agreement with the department under
section 3314.015 of the Revised Code.
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department has determined that the entity is an
education-oriented entity under division (B)(3) of section
3314.015 of the Revised Code and the entity has a demonstrated
record of successful implementation of educational programs.
(iv) The entity is not a community school.
(g) The mayor of a city in which the majority of the
territory of a school district to which section 3311.60 of the
Revised Code applies is located, regardless of whether that
district has created the position of independent auditor as
prescribed by that section. The mayor's sponsorship authority
under this division is limited to community schools that are
located in that school district. Such mayor may sponsor community
schools only with the approval of the city council of that city,
after establishing standards with which community schools
sponsored by the mayor must comply, and after entering into a
sponsor agreement with the department as prescribed under section
3314.015 of the Revised Code. The mayor shall establish the
standards for community schools sponsored by the mayor not later
than one hundred eighty days after the effective date of this
amendment January 11, 2014, and shall submit them to the
department upon their establishment. The department shall approve
the mayor to sponsor community schools in the district, upon
receipt of an application by the mayor to do so. Not later than
ninety days after the department's approval of the mayor as a
community school sponsor, the department shall enter into the
sponsor agreement with the mayor.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district described in either division (A)(3)(b) or (d) of this
section may continue in existence once the school district no
longer meets the conditions described in either division, provided
there is a valid contract between the school and a sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013 and 3314.016 of the Revised
Code, an unlimited number of community schools may be established
in any school district provided that a contract is entered into
for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than five start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any sponsor or operator of a community
school, unless at least one year has elapsed since the conclusion
of the person's membership.
(4) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than four
hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(5) No person shall be eligible to the appointment of school
physician, school dentist, or school nurse of a community school
during the period for which that person serves on the governing
authority of that community school.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school, unless the school
is located in a county within the territory of the service center
or in a county contiguous to such county, or unless the governing
board of the service center has entered into an agreement with the
department authorizing the service center to sponsor a community
school in any challenged school district in the state.
Sec. 3314.025. The governing authority of each community
school shall appoint a business advisory council. The council
shall advise and provide recommendations to the governing
authority on matters specified by the governing authority,
including, but not necessarily limited to, the delineation of
employment skills and the development of curriculum to instill
these skills; changes in the economy and in the job market and the
types of employment in which future jobs are most likely to be
available; and suggestions for developing a working relationship
among local businesses, labor organizations, and educational
personnel. Each governing authority shall determine the membership
and organization of its council.
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 in compliance with section 3314.103 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, 3313.211, 3313.472, 3313.50, 3313.536,
3313.539, 3313.60, 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,
3315.08, 3317.061, 3319.072, 3319.073, 3319.10, 3319.171, 3319.32,
3319.321, 3319.322, 3319.33, 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 117., 1347., 2744., 3324., 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.
(j) The school annually shall evaluate its teachers in
compliance with sections 3319.11, 3319.111, and 3319.112 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. 3314.031. Each nonpublic operator of a community school
and each nonpublic entity that sponsors a community school shall
comply with section 149.43 of the Revised Code as if it were a
public office with respect to all records pertaining to the
management or sponsorship of the school.
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 and
section 3314.062 of the Revised Code, 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.
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.
(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.
Sec. 3314.062. No community school shall admit any student
who is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code in the school district in which the community
school is located and who is or would be assigned under section
3319.01 of the Revised Code, for the school year in which
admission is sought, to a district building whose most recent
rating issued under section 3302.03 of the Revised Code is better
than the most recent rating issued to the community school under
section 3314.012 of the Revised Code, unless one of the following
applies to the student:
(A) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code.
(B) The principal of the district building to which the
student is or would be assigned approves the student's admission
to the community school.
In accordance with division (B) of section 3314.012 of the
Revised Code, the ratings a community school receives for its
first two years of operation shall not be considered in
determining if the school is subject to this section. Nothing in
this section shall prohibit a community school from continuing to
enroll a student who was admitted prior to the school becoming
subject to this section.
Sec. 3314.075. (A) Unless the state board of education
grants approval pursuant to rules adopted under division (B) of
this section, the governing authority of a community school shall
not terminate its contract with the school's current sponsor or
enter into a contract with a new sponsor under section 3314.03 of
the Revised Code, if both of the following conditions exist:
(1) In the previous school year, the school's sponsor has
taken any of the steps listed in division (D)(5) of section
3314.03 of the Revised Code.
(2) The community school does not currently meet automatic
closure criteria, as prescribed by section 3314.35 or 3314.351 of
the Revised Code.
(B) The state board of education shall adopt rules, in
accordance with Chapter 119. of the Revised Code, prescribing the
criteria that the state board shall consider when determining
whether to approve or deny a request from the governing authority
of a community school seeking to terminate its contract with the
school's sponsor or to enter into a contract with a new sponsor,
if the conditions listed in divisions (A)(1) and (2) of this
section exist. The state board shall apply these rules when
carrying out its duties pursuant to division (A) of this section.
Sec. 3314.085. No community school governing authority,
sponsor, or operator shall use state moneys paid to the community
school under section 3314.08 of the Revised Code to pay for any
advertising, recruiting, or promotional materials for that
community school.
Sec. 3314.088. Any community school that receives funds
under this chapter shall annually adopt a salary schedule for
nonteaching school employees based upon training, experience, and
qualifications. Each community school shall prepare and may amend
from time to time, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the classifications of employees required to perform the duties
specified in the salary schedule. All nonteaching school employees
are to be notified of the position classification to which they
are assigned and the salary for the classification. The
compensation of all employees working for the community school
shall be uniform for like positions except as compensation would
be affected by salary increments based upon length of service.
Sec. 3314.103. Teachers employed by a community school shall
be highly qualified teachers, as defined in section 3319.074 of
the Revised Code, and shall be licensed under sections 3319.22 to
3319.31 of the Revised Code and rules of the state board of
education implementing those sections.
Sec. 3314.181. No community school shall charge a fee to a
student who is eligible for a free lunch under the "National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42
U.S.C. 1771, as amended, for any materials needed to enable the
pupil to participate fully in a course of instruction. This
prohibition does not apply to any fee charged for any of the
following:
(A) Any materials needed to enable a student to participate
fully in extracurricular activities or in any student enrichment
program that is not a course of instruction;
(B) Any tools, equipment, and materials that are necessary
for workforce-readiness training within a career-technical
education program that, to the extent the tools, equipment, and
materials are not consumed, may be retained by the student upon
course completion.
Sec. 3314.352. No operator of a community school that was
permanently closed pursuant to section 3314.35 or 3314.351 of the
Revised Code shall operate another community school in the same
location as the permanently closed community school.
Sec. 3314.45. Upon the neglect or failure of a fiscal officer
or chief administrative officer of any community school to make
required reports, the governing authority of that community school
shall appoint some suitable person to make such reports, who shall
receive a reasonable compensation to be paid from the community
school's funds.
Section 2. That existing sections 117.11, 149.351,
3313.6411, 3314.011, 3314.02, 3314.03, and 3314.06 of the Revised
Code are hereby repealed.
Section 3. (A) Notwithstanding section 3314.08 of the Revised
Code, in fiscal year 2014, no community school shall receive
payments under divisions (C)(1) and (2) of section 3314.08 of the
Revised Code, and division (D) of section 3314.091 of the Revised
Code, in an aggregate amount that is greater than the multiple
specified in division (B)(1) of Section 263.240 of Am. Sub. H.B.
59 of the 130th General Assembly times the sum of the community
school's payments for fiscal year 2013 under divisions (D)(1),
(2), and (4) to (10) of section 3314.08 of the Revised Code, as
that section existed prior to September 29, 2013, division (D) of
section 3314.091 of the Revised Code, as that section existed
prior to September 29, 2013, and Section 267.30.56 of Am. Sub.
H.B. 153 of the 129th General Assembly.
(B) Notwithstanding section 3314.08 of the Revised Code, in
fiscal year 2015, no community school shall receive payments under
divisions (C)(1) and (2) of section 3314.08 of the Revised Code,
and division (D) of section 3314.091 of the Revised Code, in an
aggregate amount that is greater than the multiple specified in
division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of the
130th General Assembly times the aggregate amount of the community
school's payments for fiscal year 2014 under divisions (C)(1) and
(2) of section 3314.08 of the Revised Code, and division (D) of
section 3314.091 of the Revised Code, after any reductions are
made for fiscal year 2014 under division (A) of this section.
(C) The Department of Education shall reduce a community
school's payments under divisions (C)(1)(a), (b), (d), (e), and
(f) of section 3314.08 of the Revised Code, and division (D) of
section 3314.091 of the Revised Code, proportionately as necessary
in order to comply with this section. If those amounts are
insufficient, the Department shall proportionately reduce a
community school's payments under divisions (C)(1)(c) and (g) of
section 3314.08 of the Revised Code.
Section 4. (A) Notwithstanding section 3326.33 of the Revised
Code, in fiscal year 2014, no STEM school shall receive payments
under section 3326.33 of the Revised Code, in an aggregate amount
that is greater than the multiple specified in division (B)(1) of
Section 263.240 of Am. Sub. H.B. 59 of the 130th General Assembly
times the aggregate amount of the STEM school's payments for
fiscal year 2013 under section 3326.33 of the Revised Code, as
that section existed prior to September 29, 2013.
(B) Notwithstanding section 3326.33 of the Revised Code, in
fiscal year 2015, no STEM school shall receive payments under
section 3326.33 of the Revised Code, in an aggregate amount that
is greater than the multiple specified in division (B)(2) of
Section 263.240 of of Am. Sub. H.B. 59 of the 130th General
Assembly times the aggregate amount of the STEM school's payments
for fiscal year 2014 under section 3326.33 of the Revised Code,
after any reductions are made for fiscal year 2014 under division
(A) of this section.
(C) The Department of Education shall reduce a STEM school's
payments under divisions (A), (B), (D), (E), and (F) of section
3326.33 of the Revised Code, proportionately as necessary in order
to comply with this section. If those amounts are insufficient,
the Department shall proportionately reduce a STEM school's
payments under divisions (C) and (G) of section 3326.33 of the
Revised Code.
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