Bill Title: To generally prohibit a community school from admitting a student from the school district in which it is located if the student's district school has a better performance rating than the community school.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-05-24 - To Education
[SB175 Detail]Download: Ohio-2011-SB175-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Cosponsors:
Senators Tavares, Cafaro, Sawyer
A BILL
| To amend section 3314.06 and to enact section | 1 |
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3314.062 of the Revised Code to generally prohibit | 2 |
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a community school from admitting a student from | 3 |
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the school district in which it is located if the | 4 |
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student's district school has a better performance | 5 |
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rating than the community school. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3314.06 be amended and section | 7 |
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3314.062 of the Revised Code be enacted to read as follows: | 8 |
| Sec. 3314.06. The governing authority of each community | 9 |
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school established under this chapter shall adopt admission | 10 |
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procedures that specify the following: | 11 |
| (A) That except as otherwise provided in this section and | 12 |
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section 3314.062 of the Revised Code, admission to the school | 13 |
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shall be open to any individual age five to twenty-two entitled to | 14 |
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attend school pursuant to section 3313.64 or 3313.65 of the | 15 |
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Revised Code in a school district in the state. | 16 |
| (B)(1) That admission to the school may be limited to | 17 |
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students who have attained a specific grade level or are within a | 18 |
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specific age group; to students that meet a definition of | 19 |
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"at-risk," as defined in the contract; to residents of a specific | 20 |
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geographic area within the district, as defined in the contract; | 21 |
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or to separate groups of autistic students and nondisabled | 22 |
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students, as authorized in section 3314.061 of the Revised Code | 23 |
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and as defined in the contract. | 24 |
| (2) For purposes of division (B)(1) of this section, | 25 |
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"at-risk" students may include those students identified as gifted | 26 |
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students under section 3324.03 of the Revised Code. | 27 |
| (C) Whether enrollment is limited to students who reside in | 28 |
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the district in which the school is located or is open to | 29 |
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residents of other districts, as provided in the policy adopted | 30 |
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pursuant to the contract. | 31 |
| (D)(1) That there will be no discrimination in the admission | 32 |
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of students to the school on the basis of race, creed, color, | 33 |
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disability, or sex except that: | 34 |
| (a) The governing authority may establish single-gender | 35 |
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schools for the purpose described in division (G) of this section | 36 |
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provided comparable facilities and learning opportunities are | 37 |
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offered for both boys and girls. Such comparable facilities and | 38 |
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opportunities may be offered for each sex at separate locations. | 39 |
| (b) The governing authority may establish a school that | 40 |
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simultaneously serves a group of students identified as autistic | 41 |
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and a group of students who are not disabled, as authorized in | 42 |
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section 3314.061 of the Revised Code. However, unless the total | 43 |
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capacity established for the school has been filled, no student | 44 |
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with any disability shall be denied admission on the basis of that | 45 |
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disability. | 46 |
| (2) That upon admission of any student with a disability, the | 47 |
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community school will comply with all federal and state laws | 48 |
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regarding the education of students with disabilities. | 49 |
| (E) That the school may not limit admission to students on | 50 |
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the basis of intellectual ability, measures of achievement or | 51 |
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aptitude, or athletic ability, except that a school may limit its | 52 |
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enrollment to students as described in division (B) of this | 53 |
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section. | 54 |
| (F) That the community school will admit the number of | 55 |
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students that does not exceed the capacity of the school's | 56 |
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programs, classes, grade levels, or facilities. | 57 |
| (G) That the purpose of single-gender schools that are | 58 |
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established shall be to take advantage of the academic benefits | 59 |
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some students realize from single-gender instruction and | 60 |
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facilities and to offer students and parents residing in the | 61 |
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district the option of a single-gender education. | 62 |
| (H) That, except as otherwise provided under division (B) of | 63 |
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this section or section 3314.061 of the Revised Code, if the | 64 |
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number of applicants exceeds the capacity restrictions of division | 65 |
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(F) of this section, students shall be admitted by lot from all | 66 |
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those submitting applications, except preference shall be given to | 67 |
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students attending the school the previous year and to students | 68 |
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who reside in the district in which the school is located. | 69 |
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Preference may be given to siblings of students attending the | 70 |
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school the previous year. | 71 |
| Notwithstanding divisions (A) to (H) of this section, in the | 72 |
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event the racial composition of the enrollment of the community | 73 |
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school is violative of a federal desegregation order, the | 74 |
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community school shall take any and all corrective measures to | 75 |
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comply with the desegregation order. | 76 |
| Sec. 3314.062. No community school shall admit any student | 77 |
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who is entitled to attend school under section 3313.64 or 3313.65 | 78 |
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of the Revised Code in the school district in which the community | 79 |
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school is located and who is or would be assigned under section | 80 |
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3319.01 of the Revised Code, for the school year in which | 81 |
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admission is sought, to a district building whose most recent | 82 |
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rating issued under section 3302.03 of the Revised Code is better | 83 |
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than the most recent rating issued to the community school under | 84 |
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section 3314.012 of the Revised Code, unless one of the following | 85 |
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applies to the student: | 86 |
| (A) The student is a child with a disability entitled to | 87 |
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special education and related services under Chapter 3323. of the | 88 |
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Revised Code. | 89 |
| (B) The principal of the district building to which the | 90 |
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student is or would be assigned approves the student's admission | 91 |
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to the community school. | 92 |
| In accordance with division (B) of section 3314.012 of the | 93 |
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Revised Code, the ratings a community school receives for its | 94 |
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first two years of operation shall not be considered in | 95 |
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determining if the school is subject to this section. Nothing in | 96 |
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this section shall prohibit a community school from continuing to | 97 |
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enroll a student who was admitted prior to the school becoming | 98 |
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subject to this section. | 99 |
| Section 2. That existing section 3314.06 of the Revised Code | 100 |
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is hereby repealed. | 101 |
