Ohio-2013-SB248-Introduced

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

to enact sections 2151.4210, 2151.4211, 2151.4212,

2151.4213, 2151.4214, 3314.063, 3321.042, and

3321.043 of the Revised Code 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.

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 ~~six~~twelve,	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 ~~facts~~conditions:	387

(1) ~~That the~~The 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 the~~Both of the following:

396

(a) The child ~~is being~~will 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 ~~such~~the 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 ~~such~~the 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