Bill Text: OH SB158 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 158 (Prior Session Legislation)

Introduced

Bill Title: To exempt from closure certain community schools that enroll students receiving behavioral health services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-07-16 - To Education [SB158 Detail]

Download: Ohio-2013-SB158-Introduced.html

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As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 158

Senator Tavares

A BILL

To amend section 3314.35 of the Revised Code to

exempt from closure certain community schools that

enroll students receiving behavioral health

services.

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

Section 1. That section 3314.35 of the Revised Code be	5
amended to read as follows:	6

Sec. 3314.35. (A)(1) Except as provided in division (A)(4)	7
of this section, this section applies to any community school that	8
meets one of the following criteria after July 1, 2009, but before	9
July 1, 2011:	10

(a) The school does not offer a grade level higher than three	11
and has been declared to be in a state of academic emergency under	12
section 3302.03 of the Revised Code for three of the four most	13
recent school years.	14

(b) The school satisfies all of the following conditions:

(i) The school offers any of grade levels four to eight but	16
does not offer a grade level higher than nine.	17

(ii) The school has been declared to be in a state of	18
academic emergency under section 3302.03 of the Revised Code for	19
two of the three most recent school years.	20

(iii) In at least two of the three most recent school years,	21
the school showed less than one standard year of academic growth	22
in either reading or mathematics, as determined by the department	23
of education in accordance with rules adopted under division (A)	24
of section 3302.021 of the Revised Code.	25

(c) The school offers any of grade levels ten to twelve and	26
has been declared to be in a state of academic emergency under	27
section 3302.03 of the Revised Code for three of the four most	28
recent school years.	29

(2) Except as provided in division (A)(4) of this section,	30
this section applies to any community school that meets one of the	31
following criteria after July 1, 2011, but before July 1, 2013:	32

(a) The school does not offer a grade level higher than three	33
and has been declared to be in a state of academic emergency under	34
section 3302.03 of the Revised Code for two of the three most	35
recent school years.	36

(b) The school satisfies all of the following conditions:

(i) The school offers any of grade levels four to eight but	38
does not offer a grade level higher than nine.	39

(ii) The school has been declared to be in a state of	40
academic emergency under section 3302.03 of the Revised Code for	41
two of the three most recent school years.	42

(iii) In at least two of the three most recent school years,	43
the school showed less than one standard year of academic growth	44
in either reading or mathematics, as determined by the department	45
in accordance with rules adopted under division (A) of section	46
3302.021 of the Revised Code.	47

(c) The school offers any of grade levels ten to twelve and	48
has been declared to be in a state of academic emergency under	49
section 3302.03 of the Revised Code for two of the three most	50
recent school years.	51

(3) Except as provided in division (A)(4) of this section,	52
this section applies to any community school that meets one of the	53
following criteria on or after July 1, 2013:	54

(a) The school does not offer a grade level higher than three	55
and, for two of the three most recent school years, satisfies any	56
of the following criteria:	57

(i) The school has been declared to be in a state of academic	58
emergency under section 3302.03 of the Revised Code, as it existed	59
prior to ~~the effective date of this amendment~~March 22, 2013;	60

(ii) The school has received a grade of "F" in improving	61
literacy in grades kindergarten through three under division	62
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	63

(iii) The school has received an overall grade of "F" under	64
division (C) of section 3302.03 of the Revised Code.	65

(b) The school offers any of grade levels four to eight but	66
does not offer a grade level higher than nine and, for two of the	67
three most recent school years, satisfies any of the following	68
criteria:	69

(i) The school has been declared to be in a state of academic	70
emergency under section 3302.03 of the Revised Code, as it existed	71
prior to ~~the effective date of this amendment~~March 22, 2013;	72

(ii) The school has received a grade of "F" for the	73
performance index score under division (A)(1)(b), (B)(1)(b), or	74
(C)(1)(b) and a grade of "F" for the value-added progress	75
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	76
section 3302.03 of the Revised Code;	77

(iii) The school has received an overall grade of "F" under	78
division (C) and a grade of "F" for the value-added progress	79
dimension under division (C)(1)(e) of section 3302.03 of the	80
Revised Code.	81

(c) The school offers any of grade levels ten to twelve and,	82
for two of the three most recent school years, satisfies any of	83
the following criteria:	84

(i) The school has been declared to be in a state of academic	85
emergency under section 3302.03 of the Revised Code, as it existed	86
prior to ~~the effective date of this amendment~~March 22, 2013;	87

(ii) The school has received a grade of "F" for the	88
performance index score under division (A)(1)(b), (B)(1)(b), or	89
(C)(1)(b) and has not met annual measurable objectives under	90
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	91
the Revised Code;	92

(iii) The school has received an overall grade of "F" under	93
division (C) and a grade of "F" for the value-added progress	94
dimension under division (C)(1)(e) of section 3302.03 of the	95
Revised Code.	96

For purposes of division (A)(3) of this section only, the	97
value-added progress dimension for a community school shall be	98
calculated using assessment scores for only those students to whom	99
the school has administered the achievement assessments prescribed	100
by section 3301.0710 of the Revised Code for at least the two most	101
recent school years.	102

(4) This section does not apply to either of the following:

103

(a) Any community school in which a majority of the students	104
are enrolled in a dropout prevention and recovery program that is	105
operated by the school. Rather, such schools shall be subject to	106
closure only as provided in section 3314.351 of the Revised Code.	107
However, prior to July 1, 2014, a community school in which a	108
majority of the students are enrolled in a dropout prevention and	109
recovery program shall be exempt from this section only if it has	110
been granted a waiver under section 3314.36 of the Revised Code.	111

(b) Any community school in which a majority of the enrolled	112
students ~~are~~either:	113

(i) Are children with disabilities receiving special	114
education and related services in accordance with Chapter 3323. of	115
the Revised Code;	116

(ii) Have been diagnosed with a behavioral health problem and	117
are receiving behavioral health services from an agency licensed	118
or certified by the department of mental health, department of job	119
and family services, or department of alcohol and drug addiction	120
services.	121

(B) Any community school to which this section applies shall	122
permanently close at the conclusion of the school year in which	123
the school first becomes subject to this section. The sponsor and	124
governing authority of the school shall comply with all procedures	125
for closing a community school adopted by the department under	126
division (E) of section 3314.015 of the Revised Code. The	127
governing authority of the school shall not enter into a contract	128
with any other sponsor under section 3314.03 of the Revised Code	129
after the school closes.	130

(C) In accordance with division (B) of section 3314.012 of	131
the Revised Code, the department shall not consider the	132
performance ratings assigned to a community school for its first	133
two years of operation when determining whether the school meets	134
the criteria prescribed by division (A)(1) or (2) of this section.	135