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