Bill Text: OH SB248 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: To require a public children services agency to recommend whether a child should be admitted to an internet- or computer-based community school or excused by a school district superintendent from attendance at school for home education.

Status: (Introduced) 2013-12-03 - Introduced to House [SB248 Detail]

Download: Ohio-2013-SB248-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 248


Senator Cafaro 

Cosponsors: Senators Brown, Turner, Schiavoni 



A BILL
To amend sections 3313.60, 3314.06, and 3321.04 and 1
to enact sections 2151.4210, 2151.4211, 2151.4212, 2
2151.4213, 2151.4214, 3314.063, 3321.042, and 3
3321.043 of the Revised Code to require a public 4
children services agency to recommend whether a 5
child should be admitted to an internet- or 6
computer-based community school or excused by a 7
school district superintendent from attendance at 8
school for home education.9


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3313.60, 3314.06, and 3321.04 be 10
amended and sections 2151.4210, 2151.4211, 2151.4212, 2151.4213, 11
2151.4214, 3314.063, 3321.042, and 3321.043 of the Revised Code be 12
enacted to read as follows:13

       Sec. 2151.4210. As used in this section and sections 14
2151.4211, 2151.4212, 2151.4213, and 2151.4214 of the Revised 15
Code, an "internet- or computer-based community school" has the 16
same meaning as in section 3314.02 of the Revised Code.17

       Not later than five business days after a public children 18
services agency receives a notification under section 3314.063 or 19
3321.042 of the Revised Code, the agency shall do the following:20

       (A) Conduct an in-person meeting with the person who 21
submitted an application for a child's admission to an internet- 22
or computer-based community school or who made the request for a 23
child to be excused from attendance at school for instruction at 24
home;25

       (B) Conduct an in-person meeting with the child for whom an 26
application for admission to an internet- or computer-based 27
community school was submitted or with the child for whom the 28
request to be excused was made, separate from the meeting required 29
under division (A) of this section;30

       (C) Access or enter the statewide automated child welfare 31
information system, established and maintained under section 32
5101.13 of the Revised Code, to determine whether any of the 33
following are the subject of an investigation that has been 34
documented in the system:35

       (1) The person who submitted an application for a child's 36
admission to an internet- or computer-based community school or 37
who made the request for a child to be excused from attendance at 38
school;39

       (2) The child for whom an application for admission to an 40
internet- or computer-based community school was submitted or the 41
child for whom the request to be excused from attendance at school 42
was made;43

       (3) Any other person who resides with the child for whom an 44
application was made for admission to an internet- or 45
computer-based community school or with the child for whom the 46
request to be excused from attendance at school was made. 47

       Sec. 2151.4211. (A) A public children services agency shall 48
recommend against granting admission to an internet- or 49
computer-based community school or granting the excuse from 50
attendance at school for instruction at home requested under 51
division (A)(2) of section 3321.04 of the Revised Code, if either 52
of the following occurs:53

       (1) Based on the in-person meetings conducted under division 54
(A) or (B) of section 2151.4210 of the Revised Code, the agency 55
determines it is not in the best interest of the child to grant 56
admission of the child to an internet- or computer-based community 57
school or grant the excuse from attendance at school;58

       (2) The statewide automated child welfare information system 59
contains a record or report of any investigation at any time 60
involving any of the persons identified in divisions (C)(1), (2), 61
and (3) of section 2151.4210 of the Revised Code. 62

       (B) The agency shall submit its recommendation under division 63
(A) of this section in writing to the chief administrative officer 64
who submitted a notification under division (A) of section 65
3314.063 of the Revised Code or the superintendent who submitted a 66
notification under section 3321.042 of the Revised Code. 67

       Sec. 2151.4212. (A) When a public children services agency 68
receives a notification under division (B)(3) of section 3314.063 69
of the Revised Code or division (C) of section 3321.043 of the 70
Revised Code, the agency shall conduct an in-person meeting with 71
the following at least two times during the school year for which 72
the excuse was granted:73

       (1) The person who submitted the application for the child's 74
admission to the internet- or computer-based community school or 75
the person who made the request for a child to be excused from 76
attendance at school for instruction at home;77

       (2) The child for whom an application for admission to the 78
internet- or computer-based community school was submitted or the 79
child for whom the request to be excused from attendance at school 80
was made, separate from the meeting required under division (A)(1) 81
of this section.82

       (B) The department of job and family services, in 83
consultation with the department of education, shall adopt rules 84
regarding the timing of the meetings required by this section.85

       Sec. 2151.4213. (A) The department of job and family services 86
and the state board of education shall jointly develop an 87
intervention program to assist families who seek to provide 88
instruction to school age children via an internet- or 89
computer-based community school or at home. The program shall 90
include the following:91

       (1) Behavioral counseling sessions, in both individual and 92
group settings, for all of the persons identified in divisions 93
(C)(1), (2), and (3) of section 2151.4210 of the Revised Code. 94

       (2) In-person classes on topics including parenting, 95
decision-making, personal or household finance, and homeschooling;96

       (3) Any other services the department and the state board 97
determine to be necessary for the success of the program.98

       (B) The department and the state board shall jointly develop 99
a means of assessing participants in the intervention program to 100
determine successful completion of the program. 101

       (C) The department and the state board may jointly adopt 102
rules, in accordance with Chapter 119. of the Revised Code, as 103
necessary to develop and implement the intervention program.104

       Sec. 2151.4214. Notwithstanding sections 2151.4210 to 105
2151.4212 of the Revised Code, if a recommendation against 106
admitting a child to an internet- or computer-based community 107
school or granting an excuse from attendance at school for 108
instruction at home has not been made by a public children 109
services agency under section 2151.4211 of the Revised Code for at 110
least four school years preceding the school year for which a 111
request is made for the child, a public children services agency 112
is not required to do the following:113

       (A) Conduct the meetings required under divisions (A) and (B) 114
of section 2151.4210 of the Revised Code;115

       (B) Access the statewide automated child welfare system as 116
required under division (C) of section 2151.4210 of the Revised 117
Code;118

       (C) Conduct the meetings required under section 2151.4212 of 119
the Revised Code.120

       Sec. 3313.60.  Notwithstanding division (D) of section 121
3311.52 of the Revised Code, divisions (A) to (E) of this section 122
do not apply to any cooperative education school district 123
established pursuant to divisions (A) to (C) of section 3311.52 of 124
the Revised Code.125

       (A) The board of education of each city, exempted village, 126
and local school district and the board of each cooperative 127
education school district established, pursuant to section 128
3311.521 of the Revised Code, shall prescribe a curriculum for all 129
schools under its control. Except as provided in division (E) of 130
this section, in any such curriculum there shall be included the 131
study of the following subjects:132

       (1) The language arts, including reading, writing, spelling, 133
oral and written English, and literature;134

       (2) Geography, the history of the United States and of Ohio, 135
and national, state, and local government in the United States, 136
including a balanced presentation of the relevant contributions to 137
society of men and women of African, Mexican, Puerto Rican, and 138
American Indian descent as well as other ethnic and racial groups 139
in Ohio and the United States;140

       (3) Mathematics;141

       (4) Natural science, including instruction in the 142
conservation of natural resources;143

       (5) Health education, which shall include instruction in:144

       (a) The nutritive value of foods, including natural and 145
organically produced foods, the relation of nutrition to health, 146
and the use and effects of food additives;147

       (b) The harmful effects of and legal restrictions against the 148
use of drugs of abuse, alcoholic beverages, and tobacco;149

       (c) Venereal disease education, except that upon written 150
request of the student's parent or guardian, a student shall be 151
excused from taking instruction in venereal disease education;152

       (d) In grades kindergarten through sixtwelve, 153
age-appropriate instruction in personal safety and assault 154
prevention, except that upon written request of the student's 155
parent or guardian, a student shall be excused from taking 156
instruction in personal safety and assault prevention;.157

       The departments of education and job and family services 158
shall jointly develop an age-appropriate curriculum that may be 159
used for instruction in personal safety and assault prevention 160
under division (A)(5)(d) of this section.161

       (e) In grades seven through twelve, age-appropriate 162
instruction in dating violence prevention education, which shall 163
include instruction in recognizing dating violence warning signs 164
and characteristics of healthy relationships. 165

       In order to assist school districts in developing a dating 166
violence prevention education curriculum, the department of 167
education shall provide on its web site links to free curricula 168
addressing dating violence prevention. 169

       If the parent or legal guardian of a student less than 170
eighteen years of age submits to the principal of the student's 171
school a written request to examine the dating violence prevention 172
instruction materials used at that school, the principal, within a 173
reasonable period of time after the request is made, shall allow 174
the parent or guardian to examine those materials at that school. 175

       (6) Physical education;176

       (7) The fine arts, including music;177

       (8) First aid, including a training program in 178
cardiopulmonary resuscitation, safety, and fire prevention, except 179
that upon written request of the student's parent or guardian, a 180
student shall be excused from taking instruction in 181
cardiopulmonary resuscitation.182

       (B) Except as provided in division (E) of this section, every 183
school or school district shall include in the requirements for 184
promotion from the eighth grade to the ninth grade one year's 185
course of study of American history. A board may waive this 186
requirement for academically accelerated students who, in 187
accordance with procedures adopted by the board, are able to 188
demonstrate mastery of essential concepts and skills of the eighth 189
grade American history course of study.190

       (C) As specified in divisions (B)(6) and (C)(6) of section 191
3313.603 of the Revised Code, except as provided in division (E) 192
of this section, every high school shall include in the 193
requirements for graduation from any curriculum one-half unit each 194
of American history and government.195

       (D) Except as provided in division (E) of this section, basic 196
instruction or demonstrated mastery in geography, United States 197
history, the government of the United States, the government of 198
the state of Ohio, local government in Ohio, the Declaration of 199
Independence, the United States Constitution, and the Constitution 200
of the state of Ohio shall be required before pupils may 201
participate in courses involving the study of social problems, 202
economics, foreign affairs, United Nations, world government, 203
socialism, and communism.204

       (E) For each cooperative education school district 205
established pursuant to section 3311.521 of the Revised Code and 206
each city, exempted village, and local school district that has 207
territory within such a cooperative district, the curriculum 208
adopted pursuant to divisions (A) to (D) of this section shall 209
only include the study of the subjects that apply to the grades 210
operated by each such school district. The curriculums for such 211
schools, when combined, shall provide to each student of these 212
districts all of the subjects required under divisions (A) to (D) 213
of this section.214

       (F) The board of education of any cooperative education 215
school district established pursuant to divisions (A) to (C) of 216
section 3311.52 of the Revised Code shall prescribe a curriculum 217
for the subject areas and grade levels offered in any school under 218
its control.219

       (G) Upon the request of any parent or legal guardian of a 220
student, the board of education of any school district shall 221
permit the parent or guardian to promptly examine, with respect to 222
the parent's or guardian's own child:223

       (1) Any survey or questionnaire, prior to its administration 224
to the child;225

       (2) Any textbook, workbook, software, video, or other 226
instructional materials being used by the district in connection 227
with the instruction of the child;228

       (3) Any completed and graded test taken or survey or 229
questionnaire filled out by the child;230

       (4) Copies of the statewide academic standards and each model 231
curriculum developed pursuant to section 3301.079 of the Revised 232
Code, which copies shall be available at all times during school 233
hours in each district school building.234

       Sec. 3314.06.  The governing authority of each community 235
school established under this chapter shall adopt admission 236
procedures that specify the following:237

       (A) That, except as otherwise provided in this section and 238
section 3314.063 of the Revised Code, admission to the school 239
shall be open to any individual age five to twenty-two entitled to 240
attend school pursuant to section 3313.64 or 3313.65 of the 241
Revised Code in a school district in the state.242

       Additionally, except as otherwise provided in this section, 243
admission to the school may be open on a tuition basis to any 244
individual age five to twenty-two who is not a resident of this 245
state. The school shall not receive state funds under section 246
3314.08 of the Revised Code for any student who is not a resident 247
of this state.248

       An individual younger than five years of age may be admitted 249
to the school in accordance with division (A)(2) of section 250
3321.01 of the Revised Code. The school shall receive funds for an 251
individual admitted under that division in the manner provided 252
under section 3314.08 of the Revised Code.253

       (B)(1) That admission to the school may be limited to 254
students who have attained a specific grade level or are within a 255
specific age group; to students that meet a definition of 256
"at-risk," as defined in the contract; to residents of a specific 257
geographic area within the district, as defined in the contract; 258
or to separate groups of autistic students and nondisabled 259
students, as authorized in section 3314.061 of the Revised Code 260
and as defined in the contract.261

       (2) For purposes of division (B)(1) of this section, 262
"at-risk" students may include those students identified as gifted 263
students under section 3324.03 of the Revised Code.264

       (C) Whether enrollment is limited to students who reside in 265
the district in which the school is located or is open to 266
residents of other districts, as provided in the policy adopted 267
pursuant to the contract.268

       (D)(1) That there will be no discrimination in the admission 269
of students to the school on the basis of race, creed, color, 270
disability, or sex except that:271

       (a) The governing authority may do either of the following 272
for the purpose described in division (G) of this section:273

       (i) Establish a single-gender school for either sex;274

       (ii) Establish single-gender schools for each sex under the 275
same contract, provided substantially equal facilities and 276
learning opportunities are offered for both boys and girls. Such 277
facilities and opportunities may be offered for each sex at 278
separate locations.279

       (b) The governing authority may establish a school that 280
simultaneously serves a group of students identified as autistic 281
and a group of students who are not disabled, as authorized in 282
section 3314.061 of the Revised Code. However, unless the total 283
capacity established for the school has been filled, no student 284
with any disability shall be denied admission on the basis of that 285
disability.286

       (2) That upon admission of any student with a disability, the 287
community school will comply with all federal and state laws 288
regarding the education of students with disabilities.289

       (E) That the school may not limit admission to students on 290
the basis of intellectual ability, measures of achievement or 291
aptitude, or athletic ability, except that a school may limit its 292
enrollment to students as described in division (B) of this 293
section.294

       (F) That the community school will admit the number of 295
students that does not exceed the capacity of the school's 296
programs, classes, grade levels, or facilities.297

       (G) That the purpose of single-gender schools that are 298
established shall be to take advantage of the academic benefits 299
some students realize from single-gender instruction and 300
facilities and to offer students and parents residing in the 301
district the option of a single-gender education.302

       (H) That, except as otherwise provided under division (B) of 303
this section or section 3314.061 of the Revised Code, if the 304
number of applicants exceeds the capacity restrictions of division 305
(F) of this section, students shall be admitted by lot from all 306
those submitting applications, except preference shall be given to 307
students attending the school the previous year and to students 308
who reside in the district in which the school is located. 309
Preference may be given to siblings of students attending the 310
school the previous year.311

       Notwithstanding divisions (A) to (H) of this section, in the 312
event the racial composition of the enrollment of the community 313
school is violative of a federal desegregation order, the 314
community school shall take any and all corrective measures to 315
comply with the desegregation order.316

       Sec. 3314.063. No internet- or computer-based community 317
school shall admit any child unless and until the actions 318
prescribed by divisions (A) and (B) of this section have been 319
completed.320

       (A) The chief administrative officer of the school shall 321
notify the public children services agency that serves the county 322
in which the child resides of the application for the child's 323
admission to the school. The notification shall include both of 324
the following:325

       (1) The name, telephone number, and address of the person who 326
submitted the application for admission and the child for whom the 327
application was submitted;328

       (2) Any other materials related to the application in the 329
chief administrative officer's possession.330

       (B)(1) The chief administrative officer of the school shall 331
take one of the following actions, if the chief administrative 332
officer receives a recommendation against granting admission of a 333
child to the school from a public children services agency under 334
section 2151.4211 of the Revised Code:335

       (a) Delay granting admission of the child who is the subject 336
of the recommendation to the school until the person who submitted 337
the application for admission to the school successfully completes 338
an intervention program developed under section 2151.4213 of the 339
Revised Code;340

       (b) Deny admission of the child to the school if the person 341
who submitted the application for admission refuses to participate 342
in or fails to complete an intervention program developed under 343
section 2151.4213 of the Revised Code. 344

       (2) If the chief administrative officer of the school 345
receives notification that the person who submitted the 346
application for the child's admission to the school has 347
successfully completed an intervention program developed under 348
section 2151.4213 of the Revised Code, the chief administrative 349
officer may admit the child. 350

       (3) If the chief administrative officer of the school admits 351
a child under division (B)(2) of this section, the chief 352
administrative officer shall notify the public children services 353
agency that serves the county in which the child resides that the 354
child has been admitted to the school.355

       Sec. 3321.04.  Notwithstanding division (D) of section 356
3311.19 and division (D) of section 3311.52 of the Revised Code, 357
this section does not apply to any joint vocational or cooperative 358
education school district or its superintendent.359

       Every parent of any child of compulsory school age who is not 360
employed under an age and schooling certificate must send such 361
child to a school or a special education program that conforms to 362
the minimum standards prescribed by the state board of education, 363
for the full time the school or program attended is in session, 364
which shall not be for less than thirty-two weeks per school year. 365
Such attendance must begin within the first week of the school 366
term or program or within one week of the date on which the child 367
begins to reside in the district or within one week after the 368
child's withdrawal from employment.369

       For the purpose of operating a school or program on a 370
trimester plan, "full time the school attended is in session," as 371
used in this section means the two trimesters to which the child 372
is assigned by the board of education. For the purpose of 373
operating a school or program on a quarterly plan, "full time the 374
school attended is in session," as used in this section, means the 375
three quarters to which the child is assigned by the board of 376
education. For the purpose of operating a school or program on a 377
pentamester plan, "full time the school is in session," as used in 378
this section, means the four pentamesters to which the child is 379
assigned by the board of education.380

       Excuses from future attendance at or past absence from school 381
or a special education program may be granted for the causes, by 382
the authorities, and under the following conditions:383

       (A) The superintendent of the school district in which the 384
child resides may excuse the child from attendance for any part of 385
the remainder of the current school year upon satisfactory showing 386
offor either of the following factsconditions:387

       (1) That theThe child's bodily or mental condition does not 388
permit attendance at school or a special education program during 389
such period; this fact is certified in writing by a licensed 390
physician or, in the case of a mental condition, by a licensed 391
physician, a licensed psychologist, licensed school psychologist 392
or a certificated school psychologist; and provision is made for 393
appropriate instruction of the child, in accordance with Chapter 394
3323. of the Revised Code;395

       (2) That theBoth of the following:396

       (a) The child is beingwill be instructed at home by a person 397
qualified to teach the branches in which instruction is required, 398
and such additional branches, as the advancement and needs of the 399
child may, in the opinion of suchthe superintendent, require. In 400
each such;401

       (b) The requirements of sections 3321.042 and 3321.043 of 402
the Revised Code have been satisfied.403

       In the case of division (A)(1) or (2) of this section, the 404
issuing superintendent shall file in the superintendent's office, 405
with a copy of the excuse, papers showing how the inability of the 406
child to attend school or a special education program or the 407
qualifications of the person instructing the child at home were 408
determined. All such excuses shall become void and subject to 409
recall upon the removal of the disability of the child or the 410
cessation of proper home instruction; and thereupon the child or 411
the child's parents may be proceeded against after due notice 412
whether suchthe excuse beis recalled or not.413

       (B) The state board of education may adopt rules authorizing 414
the superintendent of schools of the district in which the child 415
resides to excuse a child over fourteen years of age from 416
attendance for a future limited period for the purpose of 417
performing necessary work directly and exclusively for the child's 418
parents or legal guardians.419

       All excuses provided for in divisions (A) and (B) of this 420
section shall be in writing and shall show the reason for excusing 421
the child. A copy thereof shall be sent to the person in charge of 422
the child.423

       (C) The board of education of the school district or the 424
governing authorities of a private or parochial school may in the 425
rules governing the discipline in such schools, prescribe the 426
authority by which and the manner in which any child may be 427
excused for absence from such school for good and sufficient 428
reasons.429

       The state board of education may by rule prescribe conditions 430
governing the issuance of excuses, which shall be binding upon the 431
authorities empowered to issue them.432

       Sec. 3321.042. Prior to excusing a child from attendance at 433
school for instruction at home pursuant to division (A)(2) of 434
section 3321.04 of the Revised Code, a superintendent of a school 435
district shall notify the public children services agency that 436
serves the county in which the child resides of the request for 437
the child to be excused. The notification shall include all of the 438
following:439

       (A) The name, telephone number, and address of the person who 440
made the request and the child for whom the request was made;441

       (B) The academic record of the child for whom the request was 442
made only if and to the extent permitted by section 3319.321 of 443
the Revised Code and the "Family Educational Rights and Privacy 444
Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;445

       (C) Any other materials related to the request in the 446
superintendent's possession.447

       Sec. 3321.043. (A) The superintendent of a school district 448
shall take one of the following actions if the superintendent 449
receives a recommendation against granting an excuse from 450
attendance at school for instruction at home from a public 451
children services agency under section 2151.4211 of the Revised 452
Code:453

       (1) Delay excusing the child who is the subject of the 454
recommendation from attendance at school until the person who made 455
the request successfully completes an intervention program 456
developed under section 2151.4213 of the Revised Code;457

       (2) Deny the excuse from attendance at school for the child 458
if the person who made the request refuses to participate in or 459
fails to complete an intervention program developed under section 460
2151.4213 of the Revised Code. 461

       (B) If the superintendent receives notification that the 462
person who made the request for the child to be excused from 463
attendance at school has successfully completed an intervention 464
program developed under section 2151.4213 of the Revised Code, the 465
superintendent may grant the request. 466

       (C) If a superintendent grants a request under division (B) 467
of this section, the superintendent shall notify the public 468
children services agency that serves the county in which the child 469
resides that the child has been excused from attending school for 470
instruction at home.471

       Section 2.  That existing sections 3313.60, 3314.06, and 472
3321.04 of the Revised Code are hereby repealed.473

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