Bill Text: OH SB266 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: That is scheduled to take effect July 1, 2014, to continue the provisions of this act on or after that effective date.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-12-03 - Passed 3rd Consideration House [SB266 Detail]
Download: Ohio-2013-SB266-Engrossed.html
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Senators Skindell, Lehner
Cosponsors:
Senators Brown, Sawyer, Tavares, Bacon, Burke, Cafaro, Eklund, Gentile, Hite, Kearney, Manning, Schiavoni, Turner
| To amend sections 3314.03, 3326.11, and 3328.24 and | 1 |
| to enact section 3319.46 of the Revised Code with | 2 |
| respect to the use of seclusion and physical | 3 |
| restraint on students and positive behavior | 4 |
| intervention supports in public schools and to | 5 |
| amend the version of section 3326.11 of the | 6 |
| Revised Code that is scheduled to take effect July | 7 |
| 1, 2014, to continue the provisions of this act on | 8 |
| or after that effective date. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3314.03, 3326.11, and 3328.24 be | 10 |
| amended and section 3319.46 of the Revised Code be enacted to read | 11 |
| as follows: | 12 |
| Sec. 3314.03. A copy of every contract entered into under | 13 |
| this section shall be filed with the superintendent of public | 14 |
| instruction. The department of education shall make available on | 15 |
| its web site a copy of every approved, executed contract filed | 16 |
| with the superintendent under this section. | 17 |
| (A) Each contract entered into between a sponsor and the | 18 |
| governing authority of a community school shall specify the | 19 |
| following: | 20 |
| (1) That the school shall be established as either of the | 21 |
| following: | 22 |
| (a) A nonprofit corporation established under Chapter 1702. | 23 |
| of the Revised Code, if established prior to April 8, 2003; | 24 |
| (b) A public benefit corporation established under Chapter | 25 |
| 1702. of the Revised Code, if established after April 8, 2003. | 26 |
| (2) The education program of the school, including the | 27 |
| school's mission, the characteristics of the students the school | 28 |
| is expected to attract, the ages and grades of students, and the | 29 |
| focus of the curriculum; | 30 |
| (3) The academic goals to be achieved and the method of | 31 |
| measurement that will be used to determine progress toward those | 32 |
| goals, which shall include the statewide achievement assessments; | 33 |
| (4) Performance standards by which the success of the school | 34 |
| will be evaluated by the sponsor; | 35 |
| (5) The admission standards of section 3314.06 of the Revised | 36 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 37 |
| (6)(a) Dismissal procedures; | 38 |
| (b) A requirement that the governing authority adopt an | 39 |
| attendance policy that includes a procedure for automatically | 40 |
| withdrawing a student from the school if the student without a | 41 |
| legitimate excuse fails to participate in one hundred five | 42 |
| consecutive hours of the learning opportunities offered to the | 43 |
| student. | 44 |
| (7) The ways by which the school will achieve racial and | 45 |
| ethnic balance reflective of the community it serves; | 46 |
| (8) Requirements for financial audits by the auditor of | 47 |
| state. The contract shall require financial records of the school | 48 |
| to be maintained in the same manner as are financial records of | 49 |
| school districts, pursuant to rules of the auditor of state. | 50 |
| Audits shall be conducted in accordance with section 117.10 of the | 51 |
| Revised Code. | 52 |
| (9) The facilities to be used and their locations; | 53 |
| (10) Qualifications of teachers, including a requirement that | 54 |
| the school's classroom teachers be licensed in accordance with | 55 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 56 |
| community school may engage noncertificated persons to teach up to | 57 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 58 |
| Code. | 59 |
| (11) That the school will comply with the following | 60 |
| requirements: | 61 |
| (a) The school will provide learning opportunities to a | 62 |
| minimum of twenty-five students for a minimum of nine hundred | 63 |
| twenty hours per school year. | 64 |
| (b) The governing authority will purchase liability | 65 |
| insurance, or otherwise provide for the potential liability of the | 66 |
| school. | 67 |
| (c) The school will be nonsectarian in its programs, | 68 |
| admission policies, employment practices, and all other | 69 |
| operations, and will not be operated by a sectarian school or | 70 |
| religious institution. | 71 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 72 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 73 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 74 |
| 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 75 |
| 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 76 |
| 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 77 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, | 78 |
| 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, | 79 |
| 3319.391, 3319.41, 3319.46, 3321.01, 3321.041, 3321.13, 3321.14, | 80 |
| 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, | 81 |
| and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 82 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 83 |
| district and will comply with section 3301.0714 of the Revised | 84 |
| Code in the manner specified in section 3314.17 of the Revised | 85 |
| Code. | 86 |
| (e) The school shall comply with Chapter 102. and section | 87 |
| 2921.42 of the Revised Code. | 88 |
| (f) The school will comply with sections 3313.61, 3313.611, | 89 |
| and 3313.614 of the Revised Code, except that for students who | 90 |
| enter ninth grade for the first time before July 1, 2010, the | 91 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 92 |
| that a person must successfully complete the curriculum in any | 93 |
| high school prior to receiving a high school diploma may be met by | 94 |
| completing the curriculum adopted by the governing authority of | 95 |
| the community school rather than the curriculum specified in Title | 96 |
| XXXIII of the Revised Code or any rules of the state board of | 97 |
| education. Beginning with students who enter ninth grade for the | 98 |
| first time on or after July 1, 2010, the requirement in sections | 99 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 100 |
| successfully complete the curriculum of a high school prior to | 101 |
| receiving a high school diploma shall be met by completing the | 102 |
| Ohio core curriculum prescribed in division (C) of section | 103 |
| 3313.603 of the Revised Code, unless the person qualifies under | 104 |
| division (D) or (F) of that section. Each school shall comply with | 105 |
| the plan for awarding high school credit based on demonstration of | 106 |
| subject area competency, adopted by the state board of education | 107 |
| under division (J) of section 3313.603 of the Revised Code. | 108 |
| (g) The school governing authority will submit within four | 109 |
| months after the end of each school year a report of its | 110 |
| activities and progress in meeting the goals and standards of | 111 |
| divisions (A)(3) and (4) of this section and its financial status | 112 |
| to the sponsor and the parents of all students enrolled in the | 113 |
| school. | 114 |
| (h) The school, unless it is an internet- or computer-based | 115 |
| community school, will comply with section 3313.801 of the Revised | 116 |
| Code as if it were a school district. | 117 |
| (i) If the school is the recipient of moneys from a grant | 118 |
| awarded under the federal race to the top program, Division (A), | 119 |
| Title XIV, Sections 14005 and 14006 of the "American Recovery and | 120 |
| Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 121 |
| school will pay teachers based upon performance in accordance with | 122 |
| section 3317.141 and will comply with section 3319.111 of the | 123 |
| Revised Code as if it were a school district. | 124 |
| (12) Arrangements for providing health and other benefits to | 125 |
| employees; | 126 |
| (13) The length of the contract, which shall begin at the | 127 |
| beginning of an academic year. No contract shall exceed five years | 128 |
| unless such contract has been renewed pursuant to division (E) of | 129 |
| this section. | 130 |
| (14) The governing authority of the school, which shall be | 131 |
| responsible for carrying out the provisions of the contract; | 132 |
| (15) A financial plan detailing an estimated school budget | 133 |
| for each year of the period of the contract and specifying the | 134 |
| total estimated per pupil expenditure amount for each such year. | 135 |
| (16) Requirements and procedures regarding the disposition of | 136 |
| employees of the school in the event the contract is terminated or | 137 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 138 |
| (17) Whether the school is to be created by converting all or | 139 |
| part of an existing public school or educational service center | 140 |
| building or is to be a new start-up school, and if it is a | 141 |
| converted public school or service center building, specification | 142 |
| of any duties or responsibilities of an employer that the board of | 143 |
| education or service center governing board that operated the | 144 |
| school or building before conversion is delegating to the | 145 |
| governing authority of the community school with respect to all or | 146 |
| any specified group of employees provided the delegation is not | 147 |
| prohibited by a collective bargaining agreement applicable to such | 148 |
| employees; | 149 |
| (18) Provisions establishing procedures for resolving | 150 |
| disputes or differences of opinion between the sponsor and the | 151 |
| governing authority of the community school; | 152 |
| (19) A provision requiring the governing authority to adopt a | 153 |
| policy regarding the admission of students who reside outside the | 154 |
| district in which the school is located. That policy shall comply | 155 |
| with the admissions procedures specified in sections 3314.06 and | 156 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 157 |
| authority, shall do one of the following: | 158 |
| (a) Prohibit the enrollment of students who reside outside | 159 |
| the district in which the school is located; | 160 |
| (b) Permit the enrollment of students who reside in districts | 161 |
| adjacent to the district in which the school is located; | 162 |
| (c) Permit the enrollment of students who reside in any other | 163 |
| district in the state. | 164 |
| (20) A provision recognizing the authority of the department | 165 |
| of education to take over the sponsorship of the school in | 166 |
| accordance with the provisions of division (C) of section 3314.015 | 167 |
| of the Revised Code; | 168 |
| (21) A provision recognizing the sponsor's authority to | 169 |
| assume the operation of a school under the conditions specified in | 170 |
| division (B) of section 3314.073 of the Revised Code; | 171 |
| (22) A provision recognizing both of the following: | 172 |
| (a) The authority of public health and safety officials to | 173 |
| inspect the facilities of the school and to order the facilities | 174 |
| closed if those officials find that the facilities are not in | 175 |
| compliance with health and safety laws and regulations; | 176 |
| (b) The authority of the department of education as the | 177 |
| community school oversight body to suspend the operation of the | 178 |
| school under section 3314.072 of the Revised Code if the | 179 |
| department has evidence of conditions or violations of law at the | 180 |
| school that pose an imminent danger to the health and safety of | 181 |
| the school's students and employees and the sponsor refuses to | 182 |
| take such action. | 183 |
| (23) A description of the learning opportunities that will be | 184 |
| offered to students including both classroom-based and | 185 |
| non-classroom-based learning opportunities that is in compliance | 186 |
| with criteria for student participation established by the | 187 |
| department under division (H)(2) of section 3314.08 of the Revised | 188 |
| Code; | 189 |
| (24) The school will comply with sections 3302.04 and | 190 |
| 3302.041 of the Revised Code, except that any action required to | 191 |
| be taken by a school district pursuant to those sections shall be | 192 |
| taken by the sponsor of the school. However, the sponsor shall not | 193 |
| be required to take any action described in division (F) of | 194 |
| section 3302.04 of the Revised Code. | 195 |
| (25) Beginning in the 2006-2007 school year, the school will | 196 |
| open for operation not later than the thirtieth day of September | 197 |
| each school year, unless the mission of the school as specified | 198 |
| under division (A)(2) of this section is solely to serve dropouts. | 199 |
| In its initial year of operation, if the school fails to open by | 200 |
| the thirtieth day of September, or within one year after the | 201 |
| adoption of the contract pursuant to division (D) of section | 202 |
| 3314.02 of the Revised Code if the mission of the school is solely | 203 |
| to serve dropouts, the contract shall be void. | 204 |
| (B) The community school shall also submit to the sponsor a | 205 |
| comprehensive plan for the school. The plan shall specify the | 206 |
| following: | 207 |
| (1) The process by which the governing authority of the | 208 |
| school will be selected in the future; | 209 |
| (2) The management and administration of the school; | 210 |
| (3) If the community school is a currently existing public | 211 |
| school or educational service center building, alternative | 212 |
| arrangements for current public school students who choose not to | 213 |
| attend the converted school and for teachers who choose not to | 214 |
| teach in the school or building after conversion; | 215 |
| (4) The instructional program and educational philosophy of | 216 |
| the school; | 217 |
| (5) Internal financial controls. | 218 |
| (C) A contract entered into under section 3314.02 of the | 219 |
| Revised Code between a sponsor and the governing authority of a | 220 |
| community school may provide for the community school governing | 221 |
| authority to make payments to the sponsor, which is hereby | 222 |
| authorized to receive such payments as set forth in the contract | 223 |
| between the governing authority and the sponsor. The total amount | 224 |
| of such payments for oversight and monitoring of the school shall | 225 |
| not exceed three per cent of the total amount of payments for | 226 |
| operating expenses that the school receives from the state. | 227 |
| (D) The contract shall specify the duties of the sponsor | 228 |
| which shall be in accordance with the written agreement entered | 229 |
| into with the department of education under division (B) of | 230 |
| section 3314.015 of the Revised Code and shall include the | 231 |
| following: | 232 |
| (1) Monitor the community school's compliance with all laws | 233 |
| applicable to the school and with the terms of the contract; | 234 |
| (2) Monitor and evaluate the academic and fiscal performance | 235 |
| and the organization and operation of the community school on at | 236 |
| least an annual basis; | 237 |
| (3) Report on an annual basis the results of the evaluation | 238 |
| conducted under division (D)(2) of this section to the department | 239 |
| of education and to the parents of students enrolled in the | 240 |
| community school; | 241 |
| (4) Provide technical assistance to the community school in | 242 |
| complying with laws applicable to the school and terms of the | 243 |
| contract; | 244 |
| (5) Take steps to intervene in the school's operation to | 245 |
| correct problems in the school's overall performance, declare the | 246 |
| school to be on probationary status pursuant to section 3314.073 | 247 |
| of the Revised Code, suspend the operation of the school pursuant | 248 |
| to section 3314.072 of the Revised Code, or terminate the contract | 249 |
| of the school pursuant to section 3314.07 of the Revised Code as | 250 |
| determined necessary by the sponsor; | 251 |
| (6) Have in place a plan of action to be undertaken in the | 252 |
| event the community school experiences financial difficulties or | 253 |
| closes prior to the end of a school year. | 254 |
| (E) Upon the expiration of a contract entered into under this | 255 |
| section, the sponsor of a community school may, with the approval | 256 |
| of the governing authority of the school, renew that contract for | 257 |
| a period of time determined by the sponsor, but not ending earlier | 258 |
| than the end of any school year, if the sponsor finds that the | 259 |
| school's compliance with applicable laws and terms of the contract | 260 |
| and the school's progress in meeting the academic goals prescribed | 261 |
| in the contract have been satisfactory. Any contract that is | 262 |
| renewed under this division remains subject to the provisions of | 263 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 264 |
| (F) If a community school fails to open for operation within | 265 |
| one year after the contract entered into under this section is | 266 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 267 |
| Code or permanently closes prior to the expiration of the | 268 |
| contract, the contract shall be void and the school shall not | 269 |
| enter into a contract with any other sponsor. A school shall not | 270 |
| be considered permanently closed because the operations of the | 271 |
| school have been suspended pursuant to section 3314.072 of the | 272 |
| Revised Code. | 273 |
| Sec. 3319.46. The state board of education shall adopt rules | 274 |
| under Chapter 119. of the Revised Code that establish a policy and | 275 |
| standards for the implementation of positive behavior intervention | 276 |
| supports and the use of physical restraint or seclusion on | 277 |
| students. | 278 |
| Each school district board of education shall comply with the | 279 |
| policy and standards adopted by the state board under this | 280 |
| section. | 281 |
| Sec. 3326.11. Each science, technology, engineering, and | 282 |
| mathematics school established under this chapter and its | 283 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 284 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 285 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 286 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 287 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 288 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 289 |
| 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 290 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 291 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 292 |
| 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 293 |
| 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 294 |
| 3319.46, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 295 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 296 |
| Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., | 297 |
| 4112., 4123., 4141., and 4167. of the Revised Code as if it were a | 298 |
| school district. | 299 |
| Sec. 3328.24. A college-preparatory boarding school | 300 |
| established under this chapter and its board of trustees shall | 301 |
| comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 302 |
|
3301.0714, 3313.6411, 3319.39, | 303 |
| Revised Code as if the school were a school district and the | 304 |
| school's board of trustees were a district board of education. | 305 |
| Section 2. That existing sections 3314.03, 3326.11, and | 306 |
| 3328.24 of the Revised Code are hereby repealed. | 307 |
| Section 3. That the version of section 3326.11 of the | 308 |
| Revised Code that is scheduled to take effect on July 1, 2014, be | 309 |
| amended to read as follows: | 310 |
| Sec. 3326.11. Each science, technology, engineering, and | 311 |
| mathematics school established under this chapter and its | 312 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 313 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 314 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 315 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 316 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 317 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 318 |
| 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 319 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 320 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 321 |
| 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, | 322 |
| 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3319.46, | 323 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 324 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 325 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 326 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 327 |
| district. | 328 |
| Section 4. That the existing version of section 3326.11 of | 329 |
| the Revised Code that is scheduled to take effect on July 1, 2014, | 330 |
| is hereby repealed. | 331 |
| Section 5. Sections 3 and 4 of this act shall take effect on | 332 |
| July 1, 2014. | 333 |
