Bill Text: OH SB55 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: As the "Act for Our Children's Future."

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-02-17 - To Education [SB55 Detail]

Download: Ohio-2009-SB55-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 55

Senator Fedor 

Cosponsors: Senators Sawyer, Miller, R. 

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A BILL

To amend sections 3301.0718, 3313.60, 3313.6011,

1

3313.814, 3314.03, and 3326.11 and to enact

2

section 3301.23 of the Revised Code to establish

3

standards for comprehensive sexual health

4

education in public schools, to create the

5

Office of Healthy Schools within the Department

6

of Education, to require the State Board of

7

Education to adopt health education standards

8

closely modeled after the National Health

9

Education Standards (NHES) developed by the Joint

10

Committee on National Health Standards, and to

11

designate section 3313.6011 of the Revised Code

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as the "Act for Our Children's Future."

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

Section 1. That sections 3301.0718, 3313.60, 3313.6011,	14
3313.814, 3314.03, and 3326.11 be amended and section 3301.23 of	15
the Revised Code be enacted to read as follows:	16

Sec. 3301.0718. (A) After completing the required standards	17
specified in section 3301.079 of the Revised Code, the state board	18
of education shall adopt standards and model curricula for	19
instruction in computer literacy for grades three through twelve	20
and in fine arts and foreign language for grades kindergarten	21
through twelve.	22

(B) Not later than December 31, 2007, the state board shall	23
adopt the most recent standards developed by the national	24
association for sport and physical education for physical	25
education in grades kindergarten through twelve or shall adopt its	26
own standards for physical education in those grades. The	27
department of education, through the office of healthy schools	28
created in section 3301.23 of the Revised Code, shall provide the	29
standards, and any revisions of the standards, to all school	30
districts and community schools established under Chapter 3314.	31
of the Revised Code. Any school district or community school may	32
utilize the standards.	33

(C) Subject to division (E) of this section, not later than	34
December 31, 2009, the state board shall develop and adopt	35
standards closely modeled after the national health education	36
standards (NHES) developed by the joint committee on national	37
health standards for health education for grades kindergarten	38
through twelve. The department, through the office of healthy	39
schools, shall provide the standards, and any revisions of the	40
standards, to all school districts, community schools, and STEM	41
schools. Any school district, community school, or STEM school	42
may utilize the standards.	43

(D) The department, through the office of healthy schools,	44
shall employ a full-time physical education coordinator to	45
provide guidance and technical assistance to districts and	46
community schools in implementing the standards adopted under	47
this divisiondivisions (B) and (C) of this section. The	48
superintendent of public instruction shall determine that the	49
person employed as coordinator is qualified for the position, as	50
demonstrated by possessing an adequate combination of education,	51
license, and experience. The department shall hire a coordinator	52
not later than October 31, 2007.	53

(C)(E) The state board shall not adopt or revise any	54
standards or curriculum in the area of health unless, by	55
concurrent resolution, the standards, curriculum, or revisions	56
are approved by both houses of the general assembly. Before the	57
house of representatives or senate votes on a concurrent	58
resolution approving health standards, curriculum, or revisions,	59
its standing committee having jurisdiction over education	60
legislation shall conduct at least one public hearing on the	61
standards, curriculum, or revisions.	62

(D)(F) The state board shall not adopt a diagnostic	63
assessment or achievement test for any grade level or subject area	64
other than those specified in section 3301.079 of the Revised	65
Code.	66

Sec. 3301.23. The office of healthy schools is hereby created	67
within the department of education. The office shall coordinate	68
school health services for school districts and assist them in	69
developing connections between good student health and high	70
academic achievement.	71

The office shall administer health and safety-related	72
services and programs in all of the following areas:	73

(A) Healthy school environment for students and staff at	74
school, on school grounds, en route to and from school, and at	75
school-sponsored activities. Services and programs shall address,	76
but are not limited to, the following:	77

(1) Buildings and grounds;

78

(2) School safety;

79

(3) Crisis management;

80

(4) Pupil transportation.

81

(B) Nutrition services, including developing nutrition and	82
health standards for school districts;	83

(C) Services of school health care professionals, including	84
assisting school nurses, physicians, dentists, and other school	85
health care professionals;	86

(D) School counseling, psychological, and social services,	87
including assisting school counselors and school psychologists;	88

(E) Family and community services;

89

(F) Staff health promotion services;

90

(G) Physical education and activity, including the duties of	91
the physical education coordinator employed, and dissemination of	92
the physical education standards adopted, under section 3301.0718	93
of the Revised Code;	94

(H) Health education, including the duties of the physical	95
education coordinator employed, and dissemination of the health	96
education standards adopted, under section 3301.0718 of the	97
Revised Code.	98

Sec. 3313.60.  Notwithstanding division (D) of section	99
3311.52 of the Revised Code, divisions (A) to (E) of this section	100
do not apply to any cooperative education school district	101
established pursuant to divisions (A) to (C) of section 3311.52 of	102
the Revised Code.	103

(A) The board of education of each city and exempted village	104
school district, the governing board of each educational service	105
center, and the board of each cooperative education school	106
district established pursuant to section 3311.521 of the Revised	107
Code shall prescribe a curriculum for all schools under their	108
control. Except as provided in division (E) of this section, in	109
any such curriculum there shall be included the study of the	110
following subjects:	111

(1) The language arts, including reading, writing, spelling,	112
oral and written English, and literature;	113

(2) Geography, the history of the United States and of Ohio,	114
and national, state, and local government in the United States,	115
including a balanced presentation of the relevant contributions to	116
society of men and women of African, Mexican, Puerto Rican, and	117
American Indian descent as well as other ethnic and racial groups	118
in Ohio and the United States;	119

(3) Mathematics;

120

(4) Natural science, including instruction in the	121
conservation of natural resources;	122

(5) Health education, which shall include instruction in:

123

(a) The nutritive value of foods, including natural and	124
organically produced foods, the relation of nutrition to health,	125
the use and effects of food additives;	126

(b) The harmful effects of and legal restrictions against the	127
use of drugs of abuse, alcoholic beverages, and tobacco;	128

(c) Venereal diseaseSexually transmitted infection	129
prevention education, except that upon written request of the	130
student's parent or guardian, a student shall be excused from	131
taking instruction in venereal disease educationsexually	132
transmitted infection prevention;	133

(d) In grades kindergarten through six, instruction in	134
personal safety and assault prevention, except that upon written	135
request of the student's parent or guardian, a student shall be	136
excused from taking instruction in personal safety and assault	137
prevention.	138

(6) Physical education;

139

(7) The fine arts, including music;

140

(8) First aid, including a training program in	141
cardiopulmonary resuscitation, safety, and fire prevention, except	142
that upon written request of the student's parent or guardian, a	143
student shall be excused from taking instruction in	144
cardiopulmonary resuscitation.	145

(B) Except as provided in division (E) of this section, every	146
school or school district shall include in the requirements for	147
promotion from the eighth grade to the ninth grade one year's	148
course of study of American history.	149

(C) Except as provided in division (E) of this section, every	150
high school shall include in the requirements for graduation from	151
any curriculum one unit of American history and government,	152
including a study of the constitutions of the United States and of	153
Ohio.	154

(D) Except as provided in division (E) of this section, basic	155
instruction in geography, United States history, the government of	156
the United States, the government of the state of Ohio, local	157
government in Ohio, the Declaration of Independence, the United	158
States Constitution, and the Constitution of the state of Ohio	159
shall be required before pupils may participate in courses	160
involving the study of social problems, economics, foreign	161
affairs, United Nations, world government, socialism and	162
communism.	163

(E) For each cooperative education school district	164
established pursuant to section 3311.521 of the Revised Code and	165
each city, exempted village, and local school district that has	166
territory within such a cooperative district, the curriculum	167
adopted pursuant to divisions (A) to (D) of this section shall	168
only include the study of the subjects that apply to the grades	169
operated by each such school district. The curriculums for such	170
schools, when combined, shall provide to each student of these	171
districts all of the subjects required under divisions (A) to (D)	172
of this section.	173

(F) The board of education of any cooperative education	174
school district established pursuant to divisions (A) to (C) of	175
section 3311.52 of the Revised Code shall prescribe a curriculum	176
for the subject areas and grade levels offered in any school under	177
its control.	178

(G) Upon the request of any parent or legal guardian of a	179
student, the board of education of any school district shall	180
permit the parent or guardian to promptly examine, with respect to	181
the parent's or guardian's own child:	182

(1) Any survey or questionnaire, prior to its administration	183
to the child;	184

(2) Any textbook, workbook, software, video, or other	185
instructional materials being used by the district in connection	186
with the instruction of the child;	187

(3) Any completed and graded test taken or survey or	188
questionnaire filled out by the child;	189

(4) Copies of the statewide academic standards and each model	190
curriculum developed pursuant to section 3301.079 of the Revised	191
Code, which copies shall be available at all times during school	192
hours in each district school building.	193

Sec. 3313.6011.  (A) As used in this section, "sexual	194
activity" has the same meaning as in section 2907.01 of the	195
Revised Code.	196

(B) Instruction in venereal disease education pursuant to	197
division (A)(5)(c) of section 3313.60 of the Revised Code shall	198
emphasize that abstinence from sexual activity is the only	199
protection that is one hundred per cent effective against unwanted	200
pregnancy, sexually transmitted disease, and the sexual	201
transmission of a virus that causes acquired immunodeficiency	202
syndrome.	203

(C) In adopting minimum standards under section 3301.07 of	204
the Revised Code, the state board of education shall require	205
course material and instruction in venereal disease education	206
courses taught pursuant to division (A)(5)(c) of section 3313.60	207
of the Revised Code to do all of the following:	208

(1) Stress that students should abstain from sexual activity	209
until after marriage;	210

(2) Teach the potential physical, psychological, emotional,	211
and social side effects of participating in sexual activity	212
outside of marriage;	213

(3) Teach that conceiving children out of wedlock is likely	214
to have harmful consequences for the child, the child's parents,	215
and society;	216

(4) Stress that sexually transmitted diseases are serious	217
possible hazards of sexual activity;	218

(5) Advise students of the laws pertaining to financial	219
responsibility of parents to children born in and out of wedlock;	220

(6) Advise students of the circumstances under which it is	221
criminal to have sexual contact with a person under the age of	222
sixteen pursuant to section 2907.04 of the Revised Code.	223

(D):

224

(1) "Age-appropriate" means designed to teach concepts,	225
information, and skills based on the social, cognitive, emotional,	226
and experience level of pupils.	227

(2) "Comprehensive sexual health education" means education	228
regarding human development and sexuality, including education on	229
sexual health, family planning, and sexually transmitted	230
infections.	231

(3) "Instructors trained in the appropriate courses" means	232
instructors with knowledge of the most recent medically and	233
scientifically accurate research on human sexuality, pregnancy,	234
and sexually transmitted infections.	235

(4) "Medically and scientifically accurate" means verified or	236
supported by research conducted in compliance with scientific	237
methods and published in peer-reviewed journals, where	238
appropriate, and recognized as accurate and objective by	239
professional organizations and agencies with expertise in the	240
relevant field, such as the United States centers for disease	241
control and prevention and the American college of obstetricians	242
and gynecologists.	243

(B) Any school district or educational service center may	244
offer comprehensive sexual health education. Beginning July 1,	245
2009, each school district and educational service center that	246
elects to offer comprehensive sexual health education shall ensure	247
that the program meets all of the following requirements:	248

(1) Instruction and materials shall be age-appropriate.

249

(2) All factual information shall be medically and	250
scientifically accurate.	251

(3) Instruction and materials shall be appropriate for use	252
with all pupils regardless of gender, race, ethnic and cultural	253
background, religion, disability, or sexual orientation.	254

(4) Instruction and materials shall encourage pupils to	255
communicate with their parents or guardians about human sexuality.	256

(5) If age-appropriate, instruction and materials shall teach	257
that abstinence is the only certain way to prevent unintended	258
pregnancy and sexually transmitted infections, and shall stress	259
the value of abstinence while not ignoring those young people who	260
have been or are sexually active. Therefore, abstinence shall not	261
be taught to the exclusion of other instruction and materials on	262
contraceptive and disease reduction measures.	263

(6) If age-appropriate, instruction and materials shall	264
provide information about the effectiveness and safety, including	265
the health benefits and side effects, of all contraceptive methods	266
in preventing unintended pregnancy and reducing the risk of	267
contracting sexually transmitted infections.	268

(7) Instruction about sexually transmitted infections shall	269
commence in grade seven. That instruction shall include how	270
sexually transmitted infections are and are not transmitted, the	271
effectiveness and methods of reducing the risk of contracting	272
sexually transmitted infections, and identification of local	273
resources for testing and medical care for sexually transmitted	274
infections.	275

(8) If age-appropriate, instruction and materials shall	276
provide pupils with skills for negotiating intimate relationships	277
and making and implementing responsible decisions about sexuality.	278

(9) If age-appropriate, instruction and materials shall	279
include a discussion of the possible emotional, physical, and	280
psychological consequences of pre-adolescent and adolescent sexual	281
activity and the emotional, physical, and psychological	282
consequences of unintended pregnancy.	283

(10) Instruction and materials shall teach pupils to	284
recognize unwanted physical and verbal sexual advances, not to	285
make unwanted physical and verbal sexual advances, and how to	286
effectively reject unwanted sexual advances. The instruction and	287
materials shall cover verbal, physical, and visual sexual	288
harassment, including nonconsensual physical sexual contact and	289
rape by an acquaintance or family member. The course information	290
and materials shall emphasize personal accountability and respect	291
for others and shall encourage youth to resist peer pressure.	292

(11) Comprehensive sexual health education shall not include	293
any instruction or materials that teach or promote religious	294
doctrine.	295

A school district or educational service center may use	296
separate, outside speakers or prepared curricula to teach	297
different content areas or units with the comprehensive sexual	298
health education program, as long as all speakers, curricula, and	299
materials used comply with this section.	300

(C) Each school district and educational service center shall	301
cooperatively plan and provide, through regional planning, joint	302
powers agreements, or contract services, in-service training for	303
all school district personnel who provide comprehensive sexual	304
health education. In doing so, each district and service center	305
shall consult with the department of education.	306

The in-service training shall be conducted periodically to	307
enable district and service center personnel to learn new	308
developments in the scientific understanding of sexual health. The	309
in-service training shall be voluntary for district and service	310
center personnel who have demonstrated expertise or received	311
in-service training from the department or the United States	312
centers for disease control and prevention.	313

A district or service center may contract with outside	314
consultants with expertise in comprehensive sexual health	315
education, including those who have developed multilingual	316
curricula or curricula accessible to persons with disabilities,	317
to deliver the in-service training to district or service center	318
personnel.	319

(D) At the beginning of each school year, or at the time of	320
enrollment in the case of a pupil who enrolls after the beginning	321
of the school year, each school district shall notify the parent	322
or guardian of each pupil about instruction in comprehensive	323
sexual health education and about research on pupil health	324
behaviors and health risks planned for that year. The notice	325
shall advise parents and guardians of all of the following:	326

(1) That written and audio-visual educational materials used	327
in comprehensive sexual health education are available for	328
inspection;	329

(2) Whether comprehensive sexual health education will be	330
taught by school district personnel or by outside consultants;	331

(3) That a parent or guardian may request a copy of this	332
section;	333

(4) That a parent or guardian may request in writing that the	334
child not receive comprehensive sexual health education.	335

A school district or educational service center shall not	336
permit a pupil to attend any class in comprehensive sexual health	337
education if the school has received a written request from the	338
pupil's parent or guardian excusing the pupil from participation.	339
A pupil who is so excused shall not be subject to disciplinary	340
action, academic penalty, or other sanction, and the district or	341
service center shall make an alternative educational activity	342
available for the pupil while comprehensive sexual health	343
education is conducted.	344

Each school district and educational service center shall	345
make written and audio-visual educational materials used in	346
comprehensive sexual health education available for inspection by	347
the parents and guardians of pupils. Each school district shall	348
provide a copy of this section upon request to the parent or	349
guardian of a pupil enrolled in the district.	350

(E) Any model education program for health education the	351
state board of education adopts shall conform to the requirements	352
of this section.	353

(E) On and after March 18, 1999, and notwithstanding(F)	354
Notwithstanding section 3302.07 of the Revised Code, the	355
superintendent of public instruction shall not approve, pursuant	356
to that section 3302.07 of the Revised Code, any waiver of any	357
requirement of this section or of any rule adopted by the state	358
board of education pursuant to this section.	359

Sec. 3313.814.  Each board of education shall adopt and	360
enforce standards governing the types of food that may be sold on	361
the premises of its schools, and specifying the time and place	362
each type of food may be sold. In adopting the standards, the	363
board shall consider each food's nutritional value. No food may be	364
sold on any school premises except in accordance with the	365
standards adopted by the board of education.	366

The state boardoffice of healthy schools of the department	367
of education shall formulate and adopt guidelines, which boards of	368
education mayshall follow in enforcing and implementing this	369
section.	370

Sec. 3314.03.  A copy of every contract entered into under	371
this section shall be filed with the superintendent of public	372
instruction.	373

(A) Each contract entered into between a sponsor and the	374
governing authority of a community school shall specify the	375
following:	376

(1) That the school shall be established as either of the	377
following:	378

(a) A nonprofit corporation established under Chapter 1702.	379
of the Revised Code, if established prior to April 8, 2003;	380

(b) A public benefit corporation established under Chapter	381
1702. of the Revised Code, if established after April 8, 2003;	382

(2) The education program of the school, including the	383
school's mission, the characteristics of the students the school	384
is expected to attract, the ages and grades of students, and the	385
focus of the curriculum;	386

(3) The academic goals to be achieved and the method of	387
measurement that will be used to determine progress toward those	388
goals, which shall include the statewide achievement tests;	389

(4) Performance standards by which the success of the school	390
will be evaluated by the sponsor;	391

(5) The admission standards of section 3314.06 of the Revised	392
Code and, if applicable, section 3314.061 of the Revised Code;	393

(6)(a) Dismissal procedures;

394

(b) A requirement that the governing authority adopt an	395
attendance policy that includes a procedure for automatically	396
withdrawing a student from the school if the student without a	397
legitimate excuse fails to participate in one hundred five	398
consecutive hours of the learning opportunities offered to the	399
student.	400

(7) The ways by which the school will achieve racial and	401
ethnic balance reflective of the community it serves;	402

(8) Requirements for financial audits by the auditor of	403
state. The contract shall require financial records of the school	404
to be maintained in the same manner as are financial records of	405
school districts, pursuant to rules of the auditor of state, and	406
the audits shall be conducted in accordance with section 117.10 of	407
the Revised Code.	408

(9) The facilities to be used and their locations;

409

(10) Qualifications of teachers, including a requirement that	410
the school's classroom teachers be licensed in accordance with	411
sections 3319.22 to 3319.31 of the Revised Code, except that a	412
community school may engage noncertificated persons to teach up to	413
twelve hours per week pursuant to section 3319.301 of the Revised	414
Code;	415

(11) That the school will comply with the following	416
requirements:	417

(a) The school will provide learning opportunities to a	418
minimum of twenty-five students for a minimum of nine hundred	419
twenty hours per school year.	420

(b) The governing authority will purchase liability	421
insurance, or otherwise provide for the potential liability of the	422
school.	423

(c) The school will be nonsectarian in its programs,	424
admission policies, employment practices, and all other	425
operations, and will not be operated by a sectarian school or	426
religious institution.	427

(d) The school will comply with sections 9.90, 9.91, 109.65,	428
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	429
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	430
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648,	431
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	432
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	433
3313.718, 3313.80, 3313.96, 3319.073, 3319.321, 3319.39,	434
3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	435
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	436
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	437
of the Revised Code as if it were a school district and will	438
comply with section 3301.0714 of the Revised Code in the manner	439
specified in section 3314.17 of the Revised Code.	440

(e) The school shall comply with Chapter 102. and section	441
2921.42 of the Revised Code.	442

(f) The school will comply with sections 3313.61, 3313.611,	443
and 3313.614 of the Revised Code, except that for students who	444
enter ninth grade for the first time before July 1, 2010, the	445
requirement in sections 3313.61 and 3313.611 of the Revised Code	446
that a person must successfully complete the curriculum in any	447
high school prior to receiving a high school diploma may be met by	448
completing the curriculum adopted by the governing authority of	449
the community school rather than the curriculum specified in Title	450
XXXIII of the Revised Code or any rules of the state board of	451
education. Beginning with students who enter ninth grade for the	452
first time on or after July 1, 2010, the requirement in sections	453
3313.61 and 3313.611 of the Revised Code that a person must	454
successfully complete the curriculum of a high school prior to	455
receiving a high school diploma shall be met by completing the	456
Ohio core curriculum prescribed in division (C) of section	457
3313.603 of the Revised Code, unless the person qualifies under	458
division (D) or (F) of that section. Each school shall comply with	459
the plan for awarding high school credit based on demonstration of	460
subject area competency, adopted by the state board of education	461
under division (J) of section 3313.603 of the Revised Code.	462

(g) The school governing authority will submit within four	463
months after the end of each school year a report of its	464
activities and progress in meeting the goals and standards of	465
divisions (A)(3) and (4) of this section and its financial status	466
to the sponsor and the parents of all students enrolled in the	467
school.	468

(h) The school, unless it is an internet- or computer-based	469
community school, will comply with section 3313.801 of the Revised	470
Code as if it were a school district.	471

(12) Arrangements for providing health and other benefits to	472
employees;	473

(13) The length of the contract, which shall begin at the	474
beginning of an academic year. No contract shall exceed five years	475
unless such contract has been renewed pursuant to division (E) of	476
this section.	477

(14) The governing authority of the school, which shall be	478
responsible for carrying out the provisions of the contract;	479

(15) A financial plan detailing an estimated school budget	480
for each year of the period of the contract and specifying the	481
total estimated per pupil expenditure amount for each such year.	482
The plan shall specify for each year the base formula amount that	483
will be used for purposes of funding calculations under section	484
3314.08 of the Revised Code. This base formula amount for any year	485
shall not exceed the formula amount defined under section 3317.02	486
of the Revised Code. The plan may also specify for any year a	487
percentage figure to be used for reducing the per pupil amount of	488
the subsidy calculated pursuant to section 3317.029 of the Revised	489
Code the school is to receive that year under section 3314.08 of	490
the Revised Code.	491

(16) Requirements and procedures regarding the disposition of	492
employees of the school in the event the contract is terminated or	493
not renewed pursuant to section 3314.07 of the Revised Code;	494

(17) Whether the school is to be created by converting all or	495
part of an existing public school or educational service center	496
building or is to be a new start-up school, and if it is a	497
converted public school or service center building, specification	498
of any duties or responsibilities of an employer that the board of	499
education or service center governing board that operated the	500
school or building before conversion is delegating to the	501
governing authority of the community school with respect to all	502
or any specified group of employees provided the delegation is	503
not prohibited by a collective bargaining agreement applicable to	504
such employees;	505

(18) Provisions establishing procedures for resolving	506
disputes or differences of opinion between the sponsor and the	507
governing authority of the community school;	508

(19) A provision requiring the governing authority to adopt a	509
policy regarding the admission of students who reside outside the	510
district in which the school is located. That policy shall comply	511
with the admissions procedures specified in sections 3314.06 and	512
3314.061 of the Revised Code and, at the sole discretion of the	513
authority, shall do one of the following:	514

(a) Prohibit the enrollment of students who reside outside	515
the district in which the school is located;	516

(b) Permit the enrollment of students who reside in districts	517
adjacent to the district in which the school is located;	518

(c) Permit the enrollment of students who reside in any other	519
district in the state.	520

(20) A provision recognizing the authority of the department	521
of education to take over the sponsorship of the school in	522
accordance with the provisions of division (C) of section 3314.015	523
of the Revised Code;	524

(21) A provision recognizing the sponsor's authority to	525
assume the operation of a school under the conditions specified in	526
division (B) of section 3314.073 of the Revised Code;	527

(22) A provision recognizing both of the following:

528

(a) The authority of public health and safety officials to	529
inspect the facilities of the school and to order the facilities	530
closed if those officials find that the facilities are not in	531
compliance with health and safety laws and regulations;	532

(b) The authority of the department of education as the	533
community school oversight body to suspend the operation of the	534
school under section 3314.072 of the Revised Code if the	535
department has evidence of conditions or violations of law at the	536
school that pose an imminent danger to the health and safety of	537
the school's students and employees and the sponsor refuses to	538
take such action;	539

(23) A description of the learning opportunities that will be	540
offered to students including both classroom-based and	541
non-classroom-based learning opportunities that is in compliance	542
with criteria for student participation established by the	543
department under division (L)(2) of section 3314.08 of the Revised	544
Code;	545

(24) The school will comply with sections 3302.04 and	546
3302.041 of the Revised Code, except that any action required to	547
be taken by a school district pursuant to those sections shall	548
be taken by the sponsor of the school. However, the sponsor	549
shall not be required to take any action described in division	550
(F) of section 3302.04 of the Revised Code.	551

(25) Beginning in the 2006-2007 school year, the school will	552
open for operation not later than the thirtieth day of September	553
each school year, unless the mission of the school as specified	554
under division (A)(2) of this section is solely to serve dropouts.	555
In its initial year of operation, if the school fails to open by	556
the thirtieth day of September, or within one year after the	557
adoption of the contract pursuant to division (D) of section	558
3314.02 of the Revised Code if the mission of the school is solely	559
to serve dropouts, the contract shall be void.	560

(B) The community school shall also submit to the sponsor a	561
comprehensive plan for the school. The plan shall specify the	562
following:	563

(1) The process by which the governing authority of the	564
school will be selected in the future;	565

(2) The management and administration of the school;

566

(3) If the community school is a currently existing public	567
school or educational service center building, alternative	568
arrangements for current public school students who choose not to	569
attend the converted school and for teachers who choose not to	570
teach in the school or building after conversion;	571

(4) The instructional program and educational philosophy of	572
the school;	573

(5) Internal financial controls.

574

(C) A contract entered into under section 3314.02 of the	575
Revised Code between a sponsor and the governing authority of a	576
community school may provide for the community school governing	577
authority to make payments to the sponsor, which is hereby	578
authorized to receive such payments as set forth in the contract	579
between the governing authority and the sponsor. The total amount	580
of such payments for oversight and monitoring of the school shall	581
not exceed three per cent of the total amount of payments for	582
operating expenses that the school receives from the state.	583

(D) The contract shall specify the duties of the sponsor	584
which shall be in accordance with the written agreement entered	585
into with the department of education under division (B) of	586
section 3314.015 of the Revised Code and shall include the	587
following:	588

(1) Monitor the community school's compliance with all laws	589
applicable to the school and with the terms of the contract;	590

(2) Monitor and evaluate the academic and fiscal performance	591
and the organization and operation of the community school on at	592
least an annual basis;	593

(3) Report on an annual basis the results of the evaluation	594
conducted under division (D)(2) of this section to the department	595
of education and to the parents of students enrolled in the	596
community school;	597

(4) Provide technical assistance to the community school in	598
complying with laws applicable to the school and terms of the	599
contract;	600

(5) Take steps to intervene in the school's operation to	601
correct problems in the school's overall performance, declare the	602
school to be on probationary status pursuant to section 3314.073	603
of the Revised Code, suspend the operation of the school pursuant	604
to section 3314.072 of the Revised Code, or terminate the contract	605
of the school pursuant to section 3314.07 of the Revised Code as	606
determined necessary by the sponsor;	607

(6) Have in place a plan of action to be undertaken in the	608
event the community school experiences financial difficulties or	609
closes prior to the end of a school year.	610

(E) Upon the expiration of a contract entered into under this	611
section, the sponsor of a community school may, with the approval	612
of the governing authority of the school, renew that contract for	613
a period of time determined by the sponsor, but not ending earlier	614
than the end of any school year, if the sponsor finds that the	615
school's compliance with applicable laws and terms of the contract	616
and the school's progress in meeting the academic goals prescribed	617
in the contract have been satisfactory. Any contract that is	618
renewed under this division remains subject to the provisions of	619
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	620

(F) If a community school fails to open for operation within	621
one year after the contract entered into under this section is	622
adopted pursuant to division (D) of section 3314.02 of the Revised	623
Code or permanently closes prior to the expiration of the	624
contract, the contract shall be void and the school shall not	625
enter into a contract with any other sponsor. A school shall not	626
be considered permanently closed because the operations of the	627
school have been suspended pursuant to section 3314.072 of the	628
Revised Code. Any contract that becomes void under this division	629
shall not count toward any statewide limit on the number of such	630
contracts prescribed by section 3314.013 of the Revised Code.	631

Sec. 3326.11. Each science, technology, engineering, and	632
mathematics school established under this chapter and its	633
governing body shall comply with sections 9.90, 9.91, 109.65,	634
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	635
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	636
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	637
3313.50, 3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013,	638
3313.6014, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	639
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	640
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	641
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.32,	642
3319.321, 3319.35, 3319.39, 3319.391, 3319.45, 3321.01, 3321.13,	643
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	644
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	645
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	646
the Revised Code as if it were a school district.	647

Section 2. That existing sections 3301.0718, 3313.60,	648
3313.6011, 3313.814, 3314.03, and 3326.11 of the Revised Code are	649
hereby repealed.	650

Section 3. On the effective date of this section, the	651
Superintendent of Public Instruction shall consolidate into the	652
Office of Healthy Schools all functions and personnel of the	653
Office for Safety, Health, and Nutrition and the Pupil	654
Transportation Office, and shall transfer to the Office of Healthy	655
Schools services and programs administered by any other office,	656
division, or center of the Department of Education that are	657
assigned to the Office of Healthy Schools by section 3301.23 of	658
the Revised Code.	659

Section 4. (A) Section 3313.6011 of the Revised Code is to be	660
known as the "Act for Our Children's Future."	661

(B) The purposes of the Act for Our Children's Future are to:

662

(1) Provide pupils with knowledge and skills necessary to	663
protect their sexual and reproductive health from unintended	664
pregnancy and sexually transmitted infections;	665

(2) Encourage pupils to develop responsible decision-making	666
skills as well as healthy attitudes and values about adolescent	667
growth and development, body image, gender roles, sexual	668
orientation, and healthy relationships.	669