Bill Text: OH HB21 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To qualify Teach for America participants for a resident educator license.

Spectrum: Partisan Bill (Republican 32-0)

Status: (Passed) 2011-07-29 - Effective Date [HB21 Detail]

Download: Ohio-2011-HB21-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 21


Representative Combs 


A BILL
To amend sections 3314.013, 3314.014, 3314.016, 1
3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 2
3319.223, and 3319.61 and to enact section 3
3319.227 of the Revised Code to allow new 4
Internet- or computer-based community schools to 5
open under certain conditions, to require the use 6
of student performance data in evaluating teachers 7
and principals for licensure, and to qualify Teach 8
for America participants for a professional 9
educator license.10


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

       Section 1. That sections 3314.013, 3314.014, 3314.016, 11
3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223, and 12
3319.61 be amended and section 3319.227 of the Revised Code be 13
enacted to read as follows:14

       Sec. 3314.013.  (A)(1) Until July 1, 2000, no more than 15
seventy-five contracts between start-up schools and the state 16
board of education may be in effect outside the pilot project area 17
at any time under this chapter.18

       (2) After July 1, 2000, and until July 1, 2001, no more than 19
one hundred twenty-five contracts between start-up schools and the 20
state board of education may be in effect outside the pilot 21
project area at any time under this chapter.22

       (3) This division applies only to contracts between start-up 23
schools and the state board of education and contracts between 24
start-up schools and entities described in divisions (C)(1)(b) to 25
(f) of section 3314.02 of the Revised Code.26

       Until July 1, 2005, not more than two hundred twenty-five 27
contracts to which this division applies may be in effect at any 28
time under this chapter.29

       (4) This division applies only to contracts between start-up 30
schools and entities described in divisions (C)(1)(b) to (f) of 31
section 3314.02 of the Revised Code.32

       Except as otherwise provided in section 3314.014 of the 33
Revised Code, after July 1, 2005, and until July 1, 2007, the 34
number of contracts to which this division applies in effect at 35
any time under this chapter shall be not more than thirty plus the 36
number of such contracts with schools that were open for operation 37
as of May 1, 2005.38

       (5) This division applies only to contracts between a 39
conversion school that is an internet- or computer-based community 40
school or a start-up school and the board of education of the 41
school district in which the school is or is proposed to be 42
located.43

       Except as otherwise provided in section 3314.014 of the 44
Revised Code, until July 1, 2007, the number of contracts to which 45
this division applies in effect at any time under this chapter 46
shall be not more than thirty plus the number of such contracts 47
with schools that were open for operation as of May 1, 2005.48

       (6) UntilExcept as otherwise provided in division (B) of 49
this section, until the effective date of any standards enacted by 50
the general assembly governing the operation of internet- or 51
computer-based community schools, no internet- or computer-based 52
community school shall operate unless the school was open for 53
instruction as of May 1, 2005. No entity described in division 54
(C)(1) of section 3314.02 of the Revised Code shall enter into a 55
contract to sponsor an internet- or computer-based community 56
school, including a conversion school, between May 1, 2005, and 57
the effective date of any standards enacted by the general 58
assembly governing the operation of internet- or computer-based 59
community schools, except as follows:60

       (a) Any(1) The entity described in division (C)(1) of that 61
section may renew a contract that the entity entered into with an 62
internet- or computer-based community school prior to May 1, 2005, 63
if the school was open for operation as of that date.64

       (b) Any(2) The entity described in divisions (C)(1)(a) to 65
(e) of that section may assume sponsorship of an existing 66
internet- or computer-based community school that was formerly 67
sponsored by another entity and may enter into a contract with 68
that community school in accordance with section 3314.03 of the 69
Revised Code.70

       (c) Any entity described in division (C)(1)(f) of that 71
section may assume sponsorship of an existing internet- or 72
computer-based community school in accordance with division (A)(7) 73
of this section and may enter into a contract with that community 74
school in accordance with section 3314.03 of the Revised Code.75

       If a sponsor entered into a contract with an internet- or 76
computer-based community school, including a conversion school, 77
but the school was not open for operation as of May 1, 2005, the 78
contract shall be void and, except as otherwise provided in 79
division (B) of this section, the entity shall not enter into 80
another contract with the school until the effective date of any 81
standards enacted by the general assembly governing the operation 82
of internet- or computer-based community schools.83

       (7) Until July 1, 2005, any entity described in division 84
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only 85
a community school that formerly was sponsored by the state board 86
of education under division (C)(1)(d) of that section, as it 87
existed prior to April 8, 2003. After July 1, 2005, any such 88
entity may assume sponsorship of any existing community school, 89
and may sponsor any new community school that is not an internet- 90
or computer-based community school. Beginning on the effective 91
date of any standards enacted by the general assembly governing 92
the operation of internet- or computer-based community schools, 93
any such entity may sponsor a new internet- or computer-based 94
community school.95

       (8)(B) For each community school that an entity sponsors 96
that, on or after September 1, 2010, has a rating of in need of 97
continuous improvement or higher under section 3302.03 of the 98
Revised Code, the sponsor may enter into a contract to sponsor a 99
new internet- or computer-based community school, including a 100
conversion school, in accordance with section 3314.03 of the 101
Revised Code. Each new start-up school with which the sponsor 102
enters into a contract under this division shall comply with 103
division (A) of section 3314.016 of the Revised Code.104

       (C) Nothing in division (A) of this section prohibits aan 105
internet- or computer-based community school from increasing the 106
number of grade levels it offers.107

       (B)(D) Within twenty-four hours of a request by any person, 108
the superintendent of public instruction shall indicate the number 109
of preliminary agreements for start-up schools currently 110
outstanding and the number of contracts for these schools in 111
effect at the time of the request.112

       (C) It is the intent of the general assembly to consider 113
whether to provide limitations on the number of start-up community 114
schools after July 1, 2001, following its examination of the 115
results of the studies by the legislative office of education 116
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of 117
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. 118
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B. 119
No. 770 of the 122nd general assembly.120

       Sec. 3314.014. (A) As used in this chapter, "operator" means 121
either of the following:122

       (1)(A) An individual or organization that manages the daily 123
operations of a community school pursuant to a contract between 124
the operator and the school's governing authority;125

       (2)(B) A nonprofit organization that provides programmatic 126
oversight and support to a community school under a contract with 127
the school's governing authority and that retains the right to 128
terminate its affiliation with the school if the school fails to 129
meet the organization's quality standards.130

       (B)(1) Notwithstanding the limit prescribed by division 131
(A)(4) of section 3314.013 of the Revised Code, a start-up school 132
sponsored by an entity described in divisions (C)(1)(b) to (f) of 133
section 3314.02 of the Revised Code may be established after the 134
date that limit is reached, provided the school's governing 135
authority enters into a contract with an operator permitted to 136
manage the school under division (C) of this section.137

       (2) Notwithstanding the limit prescribed by division (A)(5) 138
of section 3314.013 of the Revised Code, a conversion school that 139
is an internet- or computer-based community school or a start-up 140
school sponsored by the school district in which the school is or 141
is proposed to be located may be established after the date that 142
limit is reached, provided the school's governing authority enters 143
into a contract with an operator permitted to manage the school 144
under division (C) of this section. However, a conversion school 145
that is an internet- or computer-based community school may be 146
established after that date only if the prohibition prescribed by 147
division (A)(6) of section 3314.013 of the Revised Code is no 148
longer in effect.149

       (C) An operator may enter into contracts with the governing 150
authorities of community schools established after the date the 151
limit prescribed by division (A)(4) or (5) of section 3314.013 of 152
the Revised Code, as applicable, is reached, provided the total 153
number of schools for which the operator enters into such 154
contracts, excluding conversion schools that are not internet- or 155
computer-based community schools, does not exceed the number of 156
community schools managed by the operator in Ohio or other states 157
on the applicable date that are rated excellent, effective, or in 158
need of continuous improvement pursuant to section 3302.03 of the 159
Revised Code or perform comparably to schools so rated, as 160
determined by the department of education.161

       (D) Notwithstanding the limit prescribed by division (A)(4) 162
of section 3314.013 of the Revised Code, after the date the limit 163
prescribed in that division is reached, the governing authority of 164
a start-up school sponsored by an entity described in divisions 165
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may 166
establish one additional school serving the same grade levels and 167
providing the same educational program as the current start-up 168
school and may open that additional school in the 2006-2007 school 169
year, if both of the following conditions are met:170

       (1) The governing authority entered into another contract 171
with the same sponsor or a different sponsor described in 172
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code 173
and filed a copy of that contract with the superintendent of 174
public instruction prior to March 15, 2006.175

       (2) The governing authority's current school satisfies all of 176
the following conditions:177

       (a) The school currently is rated as excellent or effective 178
pursuant to section 3302.03 of the Revised Code.179

        (b) The school made adequate yearly progress, as defined in 180
section 3302.01 of the Revised Code, for the previous school year.181

       (c) The school has been in operation for at least four school 182
years.183

       (d) The school is not managed by an operator.184

       Sec. 3314.016.  (A) After June 30, 2007, aThe governing 185
authority of each new start-up school may be established under 186
this chapter only if the school's governing authority enters187
after June 30, 2007, shall enter into a contract with an operator 188
that manages other schools in the United States that perform at a 189
level higher than academic watch. The governing authority of the 190
community school may sign a contract with an operator only if the 191
operator has fewer contracts with the governing authorities of new 192
start-up schools established under this chapter after June 30, 193
2007, than the number of schools managed by the operator in the 194
United States that perform at a level higher than academic watch, 195
as determined by the department of education. However, the 196
governing authority shall not contract with an operator that 197
currently manages any community schools in Ohio for which the 198
department issues annual report cards under section 3314.012 of 199
the Revised Code, unless the latest report card issued for at 200
least one of those schools designates a performance rating under 201
section 3302.03 of the Revised Code of in need of continuous 202
improvement or higher.203

        (B) Notwithstanding division (A) of this section, the 204
governing authority of a start-up school sponsored by an entity 205
described in divisions (C)(1)(b) to (f) of section 3314.02 of the 206
Revised Code may establish one additional school serving the same 207
grade levels and providing the same educational program as the 208
current start-up school and may open that additional school in the 209
2007-2008 school year, if both of the following conditions are 210
met:211

        (1) The governing authority entered into another contract 212
with the same sponsor or a different sponsor described in 213
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code 214
and filed a copy of that contract with the superintendent of 215
public instruction prior to March 15, 2006.216

        (2) The governing authority's current school satisfies all of 217
the following conditions:218

        (a) The school currently is rated as excellent or effective 219
pursuant to section 3302.03 of the Revised Code.220

        (b) The school made adequate yearly progress, as defined in 221
section 3302.01 of the Revised Code, for the previous school year.222

        (c) The school has been in operation for at least four school 223
years.224

        (d) The school is not managed by an operator.225

       (C) Notwithstanding division (A) of this section, the 226
governing authority of a start-up school sponsored by the big 227
eight school district in which the school is located may establish 228
one additional start-up school that is located in the same school 229
district and that provides a general educational program to 230
students in any or all of grades kindergarten through five to 231
facilitate their transition to the current start-up school, and 232
may open the additional start-up school in the 2009-2010 school 233
year, if both of the following conditions are met:234

       (1) The governing authority enters into another contract with 235
the same sponsor and files a copy of the contract with the 236
superintendent of public instruction prior to March 15, 2009.237

       (2) The governing authority's current school satisfies all of 238
the following conditions:239

       (a) The school provided instruction to students for eleven 240
months in the previous school year.241

       (b) The school has been in operation for at least two school 242
years.243

       (c) The school qualified to be rated in need of continuous 244
improvement or higher pursuant to section 3302.03 of the Revised 245
Code for its first school year of operation, even though the 246
department of education did not issue a report card for the school 247
for that school year.248

       Sec. 3314.02.  (A) As used in this chapter:249

       (1) "Sponsor" means an entity listed in division (C)(1) of 250
this section, which has been approved by the department of 251
education to sponsor community schools and with which the 252
governing authority of the proposed community school enters into a 253
contract pursuant to this section.254

       (2) "Pilot project area" means the school districts included 255
in the territory of the former community school pilot project 256
established by former Section 50.52 of Am. Sub. H.B. No. 215 of 257
the 122nd general assembly.258

       (3) "Challenged school district" means any of the following:259

       (a) A school district that is part of the pilot project area;260

       (b) A school district that is either in a state of academic 261
emergency or in a state of academic watch under section 3302.03 of 262
the Revised Code;263

       (c) A big eight school district.264

       (4) "Big eight school district" means a school district that 265
for fiscal year 1997 had both of the following:266

       (a) A percentage of children residing in the district and 267
participating in the predecessor of Ohio works first greater than 268
thirty per cent, as reported pursuant to section 3317.10 of the 269
Revised Code;270

       (b) An average daily membership greater than twelve thousand, 271
as reported pursuant to former division (A) of section 3317.03 of 272
the Revised Code.273

       (5) "New start-up school" means a community school other than 274
one created by converting all or part of an existing public school 275
or educational service center building, as designated in the 276
school's contract pursuant to division (A)(17) of section 3314.03 277
of the Revised Code.278

       (6) "Urban school district" means one of the state's 279
twenty-one urban school districts as defined in division (O) of 280
section 3317.02 of the Revised Code as that section existed prior 281
to July 1, 1998.282

       (7) "Internet- or computer-based community school" means a 283
community school established under this chapter in which the 284
enrolled students work primarily from their residences on 285
assignments in nonclassroom-based learning opportunities provided 286
via an internet- or other computer-based instructional method that 287
does not rely on regular classroom instruction or via 288
comprehensive instructional methods that include internet-based, 289
other computer-based, and noncomputer-based learning 290
opportunities.291

       (B) Any person or group of individuals may initially propose 292
under this division the conversion of all or a portion of a public 293
school or a building operated by an educational service center to 294
a community school. The proposal shall be made to the board of 295
education of the city, local, exempted village, or joint 296
vocational school district in which the public school is proposed 297
to be converted or, in the case of the conversion of a building 298
operated by an educational service center, to the governing board 299
of the service center. Upon receipt of a proposal, a board may 300
enter into a preliminary agreement with the person or group 301
proposing the conversion of the public school or service center 302
building, indicating the intention of the board to support the 303
conversion to a community school. A proposing person or group that 304
has a preliminary agreement under this division may proceed to 305
finalize plans for the school, establish a governing authority for 306
the school, and negotiate a contract with the board. Provided the 307
proposing person or group adheres to the preliminary agreement and 308
all provisions of this chapter, the board shall negotiate in good 309
faith to enter into a contract in accordance with section 3314.03 310
of the Revised Code and division (C) of this section.311

       (C)(1) Any person or group of individuals may propose under 312
this division the establishment of a new start-up school to be 313
located in a challenged school district. The proposal may be made 314
to any of the following entities:315

       (a) The board of education of the district in which the 316
school is proposed to be located;317

       (b) The board of education of any joint vocational school 318
district with territory in the county in which is located the 319
majority of the territory of the district in which the school is 320
proposed to be located;321

       (c) The board of education of any other city, local, or 322
exempted village school district having territory in the same 323
county where the district in which the school is proposed to be 324
located has the major portion of its territory;325

       (d) The governing board of any educational service center, as 326
long as the proposed school will be located in a county within the 327
territory of the service center or in a county contiguous to such 328
county;329

        (e) A sponsoring authority designated by the board of 330
trustees of any of the thirteen state universities listed in 331
section 3345.011 of the Revised Code or the board of trustees 332
itself as long as a mission of the proposed school to be specified 333
in the contract under division (A)(2) of section 3314.03 of the 334
Revised Code and as approved by the department of education under 335
division (B)(2) of section 3314.015 of the Revised Code will be 336
the practical demonstration of teaching methods, educational 337
technology, or other teaching practices that are included in the 338
curriculum of the university's teacher preparation program 339
approved by the state board of education;340

        (f) Any qualified tax-exempt entity under section 501(c)(3) 341
of the Internal Revenue Code as long as all of the following 342
conditions are satisfied:343

        (i) The entity has been in operation for at least five years 344
prior to applying to be a community school sponsor.345

        (ii) The entity has assets of at least five hundred thousand 346
dollars and a demonstrated record of financial responsibility.347

        (iii) The department of education has determined that the 348
entity is an education-oriented entity under division (B)(3) of 349
section 3314.015 of the Revised Code and the entity has a 350
demonstrated record of successful implementation of educational 351
programs.352

       (iv) The entity is not a community school.353

        Any entity described in division (C)(1) of this section may 354
enter into a preliminary agreement pursuant to division (C)(2) of 355
this section with the proposing person or group.356

       (2) A preliminary agreement indicates the intention of an 357
entity described in division (C)(1) of this section to sponsor the 358
community school. A proposing person or group that has such a 359
preliminary agreement may proceed to finalize plans for the 360
school, establish a governing authority as described in division 361
(E) of this section for the school, and negotiate a contract with 362
the entity. Provided the proposing person or group adheres to the 363
preliminary agreement and all provisions of this chapter, the 364
entity shall negotiate in good faith to enter into a contract in 365
accordance with section 3314.03 of the Revised Code.366

       (3) A new start-up school that is established in a school 367
district while that district is either in a state of academic 368
emergency or in a state of academic watch under section 3302.03 of 369
the Revised Code may continue in existence once the school 370
district is no longer in a state of academic emergency or academic 371
watch, provided there is a valid contract between the school and a 372
sponsor.373

       (4) A copy of every preliminary agreement entered into under 374
this division shall be filed with the superintendent of public 375
instruction.376

       (D) A majority vote of the board of a sponsoring entity and a 377
majority vote of the members of the governing authority of a 378
community school shall be required to adopt a contract and convert 379
the public school or educational service center building to a 380
community school or establish the new start-up school. Beginning 381
September 29, 2005, adoption of the contract shall occur not later 382
than the fifteenth day of March, and signing of the contract shall 383
occur not later than the fifteenth day of May, prior to the school 384
year in which the school will open. The governing authority shall 385
notify the department of education when the contract has been 386
signed. Subject to sections 3314.013, 3314.014, 3314.016, and 387
3314.017 of the Revised Code, an unlimited number of community 388
schools may be established in any school district provided that a 389
contract is entered into for each community school pursuant to 390
this chapter.391

       (E)(1) As used in this division, "immediate relatives" are 392
limited to spouses, children, parents, grandparents, siblings, and 393
in-laws.394

        Each new start-up community school established under this 395
chapter shall be under the direction of a governing authority 396
which shall consist of a board of not less than five individuals.397

        No person shall serve on the governing authority or operate 398
the community school under contract with the governing authority 399
so long as the person owes the state any money or is in a dispute 400
over whether the person owes the state any money concerning the 401
operation of a community school that has closed.402

       (2) No person shall serve on the governing authorities of 403
more than two start-up community schools at the same time.404

       (3) No present or former member, or immediate relative of a 405
present or former member, of the governing authority of any 406
community school established under this chapter shall be an owner, 407
employee, or consultant of any nonprofit or for-profit operator of 408
a community school, unless at least one year has elapsed since the 409
conclusion of the person's membership.410

       (F)(1) A new start-up school that is established prior to 411
August 15, 2003, in an urban school district that is not also a 412
big-eight school district may continue to operate after that date 413
and the contract between the school's governing authority and the 414
school's sponsor may be renewed, as provided under this chapter, 415
after that date, but no additional new start-up schools may be 416
established in such a district unless the district is a challenged 417
school district as defined in this section as it exists on and 418
after that date.419

       (2) A community school that was established prior to June 29, 420
1999, and is located in a county contiguous to the pilot project 421
area and in a school district that is not a challenged school 422
district may continue to operate after that date, provided the 423
school complies with all provisions of this chapter. The contract 424
between the school's governing authority and the school's sponsor 425
may be renewed, but no additional start-up community school may be 426
established in that district unless the district is a challenged 427
school district.428

       (3) Any educational service center that, on June 30, 2007, 429
sponsors a community school that is not located in a county within 430
the territory of the service center or in a county contiguous to 431
such county may continue to sponsor that community school on and 432
after June 30, 2007, and may renew its contract with the school. 433
However, the educational service center shall not enter into a 434
contract with any additional community school unless the school is 435
located in a county within the territory of the service center or 436
in a county contiguous to such county.437

       Sec. 3314.021. (A) This section applies to any entity that is 438
exempt from taxation under section 501(c)(3) of the Internal 439
Revenue Code and that satisfies the conditions specified in 440
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the 441
Revised Code but does not satisfy the condition specified in 442
division (C)(1)(f)(i) of that section.443

       (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 444
of the Revised Code, an entity described in division (A) of this 445
section may do both of the following without obtaining the 446
department of education's initial approval of its sponsorship 447
under divisions (A)(2) and (B)(1) of section 3314.015 of the 448
Revised Code:449

       (1) Succeed the board of trustees of a state university 450
located in the pilot project area or that board's designee as the 451
sponsor of a community school established under this chapter;452

       (2) Continue to sponsor that school in conformance with the 453
terms of the contract between the board of trustees or its 454
designee and the governing authority of the community school and 455
renew that contract as provided in division (E) of section 3314.03 456
of the Revised Code.457

       (C) The entity that succeeds the board of trustees or the 458
board's designee as sponsor of a community school under division 459
(B) of this section also may enter into contracts to sponsor other 460
community schools located in any challenged school district, 461
without obtaining the department's initial approval of its 462
sponsorship of those schools under divisions (A)(2) and (B)(1) of 463
section 3314.015 of the Revised Code, and not subject to the 464
restriction of division (A)(7) of section 3314.013 of the Revised 465
Code, as long as the contracts conform with and the entity 466
complies with all other requirements of this chapter.467

       (D) Regardless of the entity's authority to sponsor community 468
schools without the initial approval of the department, the entity 469
is under the continuing oversight of the department in accordance 470
with rules adopted under section 3314.015 of the Revised Code.471

       Sec. 3314.03.  A copy of every contract entered into under 472
this section shall be filed with the superintendent of public 473
instruction.474

       (A) Each contract entered into between a sponsor and the 475
governing authority of a community school shall specify the 476
following:477

       (1) That the school shall be established as either of the 478
following:479

       (a) A nonprofit corporation established under Chapter 1702. 480
of the Revised Code, if established prior to April 8, 2003;481

       (b) A public benefit corporation established under Chapter 482
1702. of the Revised Code, if established after April 8, 2003.483

       (2) The education program of the school, including the 484
school's mission, the characteristics of the students the school 485
is expected to attract, the ages and grades of students, and the 486
focus of the curriculum;487

       (3) The academic goals to be achieved and the method of 488
measurement that will be used to determine progress toward those 489
goals, which shall include the statewide achievement assessments;490

       (4) Performance standards by which the success of the school 491
will be evaluated by the sponsor;492

       (5) The admission standards of section 3314.06 of the Revised 493
Code and, if applicable, section 3314.061 of the Revised Code;494

       (6)(a) Dismissal procedures;495

       (b) A requirement that the governing authority adopt an 496
attendance policy that includes a procedure for automatically 497
withdrawing a student from the school if the student without a 498
legitimate excuse fails to participate in one hundred five 499
consecutive hours of the learning opportunities offered to the 500
student.501

       (7) The ways by which the school will achieve racial and 502
ethnic balance reflective of the community it serves;503

       (8) Requirements for financial audits by the auditor of 504
state. The contract shall require financial records of the school 505
to be maintained in the same manner as are financial records of 506
school districts, pursuant to rules of the auditor of state. 507
Audits shall be conducted in accordance with section 117.10 of the 508
Revised Code.509

       (9) The facilities to be used and their locations;510

       (10) Qualifications of teachers, including the following:511

       (a) A requirement that the school's classroom teachers be 512
licensed in accordance with sections 3319.22 to 3319.31 of the 513
Revised Code, except that a community school may engage 514
noncertificated persons to teach up to twelve hours per week 515
pursuant to section 3319.301 of the Revised Code;516

       (b) A requirement that each classroom teacher initially hired 517
by the school on or after July 1, 2013, and employed to provide 518
instruction in physical education hold a valid license issued 519
pursuant to section 3319.22 of the Revised Code for teaching 520
physical education.521

       (11) That the school will comply with the following 522
requirements:523

       (a) The school will provide learning opportunities to a 524
minimum of twenty-five students for a minimum of nine hundred 525
twenty hours per school year.526

       (b) The governing authority will purchase liability 527
insurance, or otherwise provide for the potential liability of the 528
school.529

       (c) The school will be nonsectarian in its programs, 530
admission policies, employment practices, and all other 531
operations, and will not be operated by a sectarian school or 532
religious institution.533

       (d) The school will comply with sections 9.90, 9.91, 109.65, 534
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, 535
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, 536
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648, 537
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 538
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 539
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817540
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 541
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 542
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and 543
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., 544
and 4167. of the Revised Code as if it were a school district and 545
will comply with section 3301.0714 of the Revised Code in the 546
manner specified in section 3314.17 of the Revised Code.547

       (e) The school shall comply with Chapter 102. and section 548
2921.42 of the Revised Code.549

       (f) The school will comply with sections 3313.61, 3313.611, 550
and 3313.614 of the Revised Code, except that for students who 551
enter ninth grade for the first time before July 1, 2010, the 552
requirement in sections 3313.61 and 3313.611 of the Revised Code 553
that a person must successfully complete the curriculum in any 554
high school prior to receiving a high school diploma may be met by 555
completing the curriculum adopted by the governing authority of 556
the community school rather than the curriculum specified in Title 557
XXXIII of the Revised Code or any rules of the state board of 558
education. Beginning with students who enter ninth grade for the 559
first time on or after July 1, 2010, the requirement in sections 560
3313.61 and 3313.611 of the Revised Code that a person must 561
successfully complete the curriculum of a high school prior to 562
receiving a high school diploma shall be met by completing the 563
Ohio core curriculum prescribed in division (C) of section 564
3313.603 of the Revised Code, unless the person qualifies under 565
division (D) or (F) of that section. Each school shall comply with 566
the plan for awarding high school credit based on demonstration of 567
subject area competency, adopted by the state board of education 568
under division (J) of section 3313.603 of the Revised Code.569

       (g) The school governing authority will submit within four 570
months after the end of each school year a report of its 571
activities and progress in meeting the goals and standards of 572
divisions (A)(3) and (4) of this section and its financial status 573
to the sponsor and the parents of all students enrolled in the 574
school.575

       (h) The school, unless it is an internet- or computer-based 576
community school, will comply with sections 3313.674 and 3313.801 577
of the Revised Code as if it were a school district.578

       (12) Arrangements for providing health and other benefits to 579
employees;580

       (13) The length of the contract, which shall begin at the 581
beginning of an academic year. No contract shall exceed five years 582
unless such contract has been renewed pursuant to division (E) of 583
this section.584

       (14) The governing authority of the school, which shall be 585
responsible for carrying out the provisions of the contract;586

       (15) A financial plan detailing an estimated school budget 587
for each year of the period of the contract and specifying the 588
total estimated per pupil expenditure amount for each such year. 589
The plan shall specify for each year the base formula amount that 590
will be used for purposes of funding calculations under section 591
3314.08 of the Revised Code. This base formula amount for any year 592
shall not exceed the formula amount defined under section 3317.02 593
of the Revised Code. The plan may also specify for any year a 594
percentage figure to be used for reducing the per pupil amount of 595
the subsidy calculated pursuant to section 3317.029 of the Revised 596
Code the school is to receive that year under section 3314.08 of 597
the Revised Code.598

       (16) Requirements and procedures regarding the disposition of 599
employees of the school in the event the contract is terminated or 600
not renewed pursuant to section 3314.07 of the Revised Code;601

       (17) Whether the school is to be created by converting all or 602
part of an existing public school or educational service center 603
building or is to be a new start-up school, and if it is a 604
converted public school or service center building, specification 605
of any duties or responsibilities of an employer that the board of 606
education or service center governing board that operated the 607
school or building before conversion is delegating to the 608
governing authority of the community school with respect to all or 609
any specified group of employees provided the delegation is not 610
prohibited by a collective bargaining agreement applicable to such 611
employees;612

       (18) Provisions establishing procedures for resolving 613
disputes or differences of opinion between the sponsor and the 614
governing authority of the community school;615

       (19) A provision requiring the governing authority to adopt a 616
policy regarding the admission of students who reside outside the 617
district in which the school is located. That policy shall comply 618
with the admissions procedures specified in sections 3314.06 and 619
3314.061 of the Revised Code and, at the sole discretion of the 620
authority, shall do one of the following:621

       (a) Prohibit the enrollment of students who reside outside 622
the district in which the school is located;623

       (b) Permit the enrollment of students who reside in districts 624
adjacent to the district in which the school is located;625

       (c) Permit the enrollment of students who reside in any other 626
district in the state.627

       (20) A provision recognizing the authority of the department 628
of education to take over the sponsorship of the school in 629
accordance with the provisions of division (C) of section 3314.015 630
of the Revised Code;631

       (21) A provision recognizing the sponsor's authority to 632
assume the operation of a school under the conditions specified in 633
division (B) of section 3314.073 of the Revised Code;634

        (22) A provision recognizing both of the following:635

       (a) The authority of public health and safety officials to 636
inspect the facilities of the school and to order the facilities 637
closed if those officials find that the facilities are not in 638
compliance with health and safety laws and regulations;639

       (b) The authority of the department of education as the 640
community school oversight body to suspend the operation of the 641
school under section 3314.072 of the Revised Code if the 642
department has evidence of conditions or violations of law at the 643
school that pose an imminent danger to the health and safety of 644
the school's students and employees and the sponsor refuses to 645
take such action;646

        (23) A description of the learning opportunities that will be 647
offered to students including both classroom-based and 648
non-classroom-based learning opportunities that is in compliance 649
with criteria for student participation established by the 650
department under division (L)(2) of section 3314.08 of the Revised 651
Code;652

       (24) The school will comply with sections 3302.04 and 653
3302.041 of the Revised Code, except that any action required to 654
be taken by a school district pursuant to those sections shall be 655
taken by the sponsor of the school. However, the sponsor shall not 656
be required to take any action described in division (F) of 657
section 3302.04 of the Revised Code.658

       (25) Beginning in the 2006-2007 school year, the school will 659
open for operation not later than the thirtieth day of September 660
each school year, unless the mission of the school as specified 661
under division (A)(2) of this section is solely to serve dropouts. 662
In its initial year of operation, if the school fails to open by 663
the thirtieth day of September, or within one year after the 664
adoption of the contract pursuant to division (D) of section 665
3314.02 of the Revised Code if the mission of the school is solely 666
to serve dropouts, the contract shall be void.667

       (B) The community school shall also submit to the sponsor a 668
comprehensive plan for the school. The plan shall specify the 669
following:670

       (1) The process by which the governing authority of the 671
school will be selected in the future;672

       (2) The management and administration of the school;673

       (3) If the community school is a currently existing public 674
school or educational service center building, alternative 675
arrangements for current public school students who choose not to 676
attend the converted school and for teachers who choose not to 677
teach in the school or building after conversion;678

       (4) The instructional program and educational philosophy of 679
the school;680

       (5) Internal financial controls.681

       (C) A contract entered into under section 3314.02 of the 682
Revised Code between a sponsor and the governing authority of a 683
community school may provide for the community school governing 684
authority to make payments to the sponsor, which is hereby 685
authorized to receive such payments as set forth in the contract 686
between the governing authority and the sponsor. The total amount 687
of such payments for oversight and monitoring of the school shall 688
not exceed three per cent of the total amount of payments for 689
operating expenses that the school receives from the state.690

       (D) The contract shall specify the duties of the sponsor 691
which shall be in accordance with the written agreement entered 692
into with the department of education under division (B) of 693
section 3314.015 of the Revised Code and shall include the 694
following:695

        (1) Monitor the community school's compliance with all laws 696
applicable to the school and with the terms of the contract;697

        (2) Monitor and evaluate the academic and fiscal performance 698
and the organization and operation of the community school on at 699
least an annual basis;700

        (3) Report on an annual basis the results of the evaluation 701
conducted under division (D)(2) of this section to the department 702
of education and to the parents of students enrolled in the 703
community school;704

        (4) Provide technical assistance to the community school in 705
complying with laws applicable to the school and terms of the 706
contract;707

        (5) Take steps to intervene in the school's operation to 708
correct problems in the school's overall performance, declare the 709
school to be on probationary status pursuant to section 3314.073 710
of the Revised Code, suspend the operation of the school pursuant 711
to section 3314.072 of the Revised Code, or terminate the contract 712
of the school pursuant to section 3314.07 of the Revised Code as 713
determined necessary by the sponsor;714

        (6) Have in place a plan of action to be undertaken in the 715
event the community school experiences financial difficulties or 716
closes prior to the end of a school year.717

        (E) Upon the expiration of a contract entered into under this 718
section, the sponsor of a community school may, with the approval 719
of the governing authority of the school, renew that contract for 720
a period of time determined by the sponsor, but not ending earlier 721
than the end of any school year, if the sponsor finds that the 722
school's compliance with applicable laws and terms of the contract 723
and the school's progress in meeting the academic goals prescribed 724
in the contract have been satisfactory. Any contract that is 725
renewed under this division remains subject to the provisions of 726
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.727

       (F) If a community school fails to open for operation within 728
one year after the contract entered into under this section is 729
adopted pursuant to division (D) of section 3314.02 of the Revised 730
Code or permanently closes prior to the expiration of the 731
contract, the contract shall be void and the school shall not 732
enter into a contract with any other sponsor. A school shall not 733
be considered permanently closed because the operations of the 734
school have been suspended pursuant to section 3314.072 of the 735
Revised Code. Any contract that becomes void under this division 736
shall not count toward any statewide limit on the number of such 737
contracts prescribed by section 3314.013 of the Revised Code.738

       Sec. 3314.05.  (A) The contract between the community school 739
and the sponsor shall specify the facilities to be used for the 740
community school and the method of acquisition. Except as provided 741
in division (B)(3) of this section, no community school shall be 742
established in more than one school district under the same 743
contract.744

        (B) Division (B) of this section shall not apply to internet- 745
or computer-based community schools.746

       (1) A community school may be located in multiple facilities 747
under the same contract only if the limitations on availability of 748
space prohibit serving all the grade levels specified in the 749
contract in a single facility or division (B)(2) or (3) of this 750
section applies to the school. The school shall not offer the same 751
grade level classrooms in more than one facility.752

       (2) A community school may be located in multiple facilities 753
under the same contract and, notwithstanding division (B)(1) of 754
this section, may assign students in the same grade level to 755
multiple facilities, as long as all of the following apply:756

       (a) The governing authority of the community school filed a 757
copy of its contract with the school's sponsor under section 758
3314.03 of the Revised Code with the superintendent of public 759
instruction on or before May 15, 2008.760

       (b) The school was not open for operation prior to July 1, 761
2008.762

       (c) The governing authority has entered into and maintains a 763
contract with an operator of the type described in division 764
(A)(2)(B) of section 3314.014 of the Revised Code.765

       (d) The contract with that operator qualified the school to 766
be established pursuant to division (A) of section 3314.016 of the 767
Revised Code.768

       (e) The school's rating under section 3302.03 of the Revised 769
Code does not fall below "in need of continuous improvement" for 770
two or more consecutive years.771

       (3) A new start-up community school may be established in two 772
school districts under the same contract if all of the following 773
apply:774

       (a) At least one of the school districts in which the school 775
is established is a challenged school district;776

       (b) The school operates not more than one facility in each 777
school district and, in accordance with division (B)(1) of this 778
section, the school does not offer the same grade level classrooms 779
in both facilities; and780

       (c) Transportation between the two facilities does not 781
require more than thirty minutes of direct travel time as measured 782
by school bus.783

       In the case of a community school to which division (B)(3) of 784
this section applies, if only one of the school districts in which 785
the school is established is a challenged school district, that 786
district shall be considered the school's primary location and the 787
district in which the school is located for the purposes of 788
division (A)(19) of section 3314.03 and divisions (C) and (H) of 789
section 3314.06 of the Revised Code and for all other purposes of 790
this chapter. If both of the school districts in which the school 791
is established are challenged school districts, the school's 792
governing authority shall designate one of those districts to be 793
considered the school's primary location and the district in which 794
the school is located for the purposes of those divisions and all 795
other purposes of this chapter and shall notify the department of 796
education of that designation.797

       (4) Any facility used for a community school shall meet all 798
health and safety standards established by law for school 799
buildings.800

       (C) In the case where a community school is proposed to be 801
located in a facility owned by a school district or educational 802
service center, the facility may not be used for such community 803
school unless the district or service center board owning the 804
facility enters into an agreement for the community school to 805
utilize the facility. Use of the facility may be under any terms 806
and conditions agreed to by the district or service center board 807
and the school.808

       Sec. 3319.22.  (A)(1) The state board of education shall 809
issue the following educator licenses:810

       (a) A resident educator license, which shall be valid for 811
four years, except that the state board, on a case-by-case basis, 812
may extend the license's duration as necessary to enable the 813
license holder to complete the Ohio teacher residency program 814
established under section 3319.223 of the Revised Code;815

       (b) A professional educator license, which shall be valid for 816
five years and shall be renewable;817

       (c) A senior professional educator license, which shall be 818
valid for five years and shall be renewable;819

       (d) A lead professional educator license, which shall be 820
valid for five years and shall be renewable.821

       (2) The state board may issue any additional educator 822
licenses of categories, types, and levels the board elects to 823
provide. 824

       (3) The state board shall adopt rules establishing the 825
standards and requirements for obtaining each educator license 826
issued under this section.827

       (B) The rules adopted under this section shall require at 828
least the following standards and qualifications for the educator 829
licenses described in division (A)(1) of this section:830

       (1) An applicant for a resident educator license shall hold 831
at least a bachelor's degree from an accredited teacher 832
preparation program.833

       (2) An applicant for a professional educator license shall:834

       (a) Hold at least a bachelor's degree from an institution of 835
higher education accredited by a regional accrediting 836
organization;837

       (b) Have successfully completed the Ohio teacher residency 838
program established under section 3319.223 of the Revised Code, if 839
the applicant's current or most recently issued license is a 840
resident educator license issued under this section or an 841
alternative resident educator license issued under section 3319.26 842
of the Revised Code;843

        (c) Demonstrate that students in the applicant's classroom 844
have achieved the applicable value-added measure specified in 845
division (D) of this section.846

       (3) An applicant for a senior professional educator license 847
shall:848

       (a) Hold at least a master's degree from an institution of 849
higher education accredited by a regional accrediting 850
organization;851

       (b) Have previously held a professional educator license 852
issued under this section or section 3319.222 or under former 853
section 3319.22 of the Revised Code;854

       (c) Meet the criteria for the accomplished or distinguished 855
level of performance, as described in the standards for teachers 856
adopted by the state board under section 3319.61 of the Revised 857
Code;858

        (d) Demonstrate that students in the applicant's classroom 859
have achieved the applicable value-added measure specified in 860
division (D) of this section.861

       (4) An applicant for a lead professional educator license 862
shall:863

       (a) Hold at least a master's degree from an institution of 864
higher education accredited by a regional accrediting 865
organization;866

       (b) Have previously held a professional educator license or a 867
senior professional educator license issued under this section or 868
a professional educator license issued under section 3319.222 or 869
former section 3319.22 of the Revised Code;870

       (c) Meet the criteria for the distinguished level of 871
performance, as described in the standards for teachers adopted by 872
the state board under section 3319.61 of the Revised Code;873

       (d) Either hold a valid certificate issued by the national 874
board for professional teaching standards or meet the criteria for 875
a master teacher or other criteria for a lead teacher adopted by 876
the educator standards board under division (F)(4) or (5) of 877
section 3319.61 of the Revised Code;878

        (e) Demonstrate that students in the applicant's classroom 879
have achieved the applicable value-added measure specified in 880
division (D) of this section.881

       (C) The state board shall align the standards and 882
qualifications for obtaining a principal license with the 883
standards for principals adopted by the state board under section 884
3319.61 of the Revised Code. The rules adopted under this section 885
for obtaining a principal license shall require that an applicant, 886
as a condition of qualifying for the license, demonstrate that 887
students in the applicant's classroom have achieved the applicable 888
value-added measure specified in division (D) of this section, if 889
the applicant is a classroom teacher seeking issuance of a new 890
principal license, or that students in the applicant's building 891
have achieved the applicable value-added measure specified in that 892
division, if the applicant is a principal seeking renewal of a 893
principal license.894

       (D) For the purpose of evaluating applicants for teacher and 895
principal licenses under divisions (B) and (C) of this section, 896
the state board shall use the following value-added measure:897

       (1) For teachers who provide instruction to students in 898
reading or mathematics in any of grades four to eight, one 899
standard year of academic growth for the applicable grade level, 900
as determined by the department of education in accordance with 901
rules adopted under division (A) of section 3302.021 of the 902
Revised Code, in each of those subject areas in which the teacher 903
provides instruction;904

       (2) For teachers who provide instruction in a course for 905
which an end-of-course examination has been selected under section 906
3301.0712 of the Revised Code, a standardized measure of 907
improvement in student achievement designated by the 908
superintendent of public instruction as applied to performance on 909
that examination by students enrolled in the teacher's course. If 910
a teacher provides instruction in more than one course for which 911
an end-of-course examination has been selected, the measure shall 912
account for student performance on each end-of-course examination 913
administered in a course taught by the teacher.914

       (3) For teachers to whom divisions (D)(1) and (2) of this 915
section do not apply, a value-added measure designated by the 916
superintendent of public instruction;917

       (4) For principals of schools in which a majority of the 918
grades offered are in the range from grade four to grade eight, 919
one standard year of academic growth in reading and mathematics 920
for each such grade level offered by the school, as determined by 921
the department in accordance with rules adopted under division (A) 922
of section 3302.021 of the Revised Code;923

       (5) For principals of schools in which a majority of the 924
grades offered are in the range from grade nine to grade twelve, a 925
standardized measure of improvement in student achievement 926
designated by the superintendent of public instruction as applied 927
to student performance on all end-of-course examinations selected 928
under section 3301.0712 of the Revised Code that are administered 929
by the school;930

       (6) For principals to whom divisions (D)(4) and (5) of this 931
section do not apply, a value-added measure designated by the 932
superintendent of public instruction.933

       (E) If the state board requires any examinations for educator 934
licensure, the department of education shall provide the results 935
of such examinations received by the department to the chancellor 936
of the Ohio board of regents, in the manner and to the extent 937
permitted by state and federal law.938

       (E)(F) Any rules the state board of education adopts, amends, 939
or rescinds for educator licenses under this section, division (D) 940
of section 3301.07 of the Revised Code, or any other law shall be 941
adopted, amended, or rescinded under Chapter 119. of the Revised 942
Code except as follows:943

       (1) Notwithstanding division (D) of section 119.03 and 944
division (A)(1) of section 119.04 of the Revised Code, in the case 945
of the adoption of any rule or the amendment or rescission of any 946
rule that necessitates institutions' offering preparation programs 947
for educators and other school personnel that are approved by the 948
chancellor of the Ohio board of regents under section 3333.048 of 949
the Revised Code to revise the curriculum of those programs, the 950
effective date shall not be as prescribed in division (D) of 951
section 119.03 and division (A)(1) of section 119.04 of the 952
Revised Code. Instead, the effective date of such rules, or the 953
amendment or rescission of such rules, shall be the date 954
prescribed by section 3333.048 of the Revised Code.955

       (2) Notwithstanding the authority to adopt, amend, or rescind 956
emergency rules in division (F) of section 119.03 of the Revised 957
Code, this authority shall not apply to the state board of 958
education with regard to rules for educator licenses.959

       (F)(G)(1) The rules adopted under this section establishing 960
standards requiring additional coursework for the renewal of any 961
educator license shall require a school district and a chartered 962
nonpublic school to establish local professional development 963
committees. In a nonpublic school, the chief administrative 964
officer shall establish the committees in any manner acceptable to 965
such officer. The committees established under this division shall 966
determine whether coursework that a district or chartered 967
nonpublic school teacher proposes to complete meets the 968
requirement of the rules. The department of education shall 969
provide technical assistance and support to committees as the 970
committees incorporate the professional development standards 971
adopted by the state board of education pursuant to section 972
3319.61 of the Revised Code into their review of coursework that 973
is appropriate for license renewal. The rules shall establish a 974
procedure by which a teacher may appeal the decision of a local 975
professional development committee.976

       (2) In any school district in which there is no exclusive 977
representative established under Chapter 4117. of the Revised 978
Code, the professional development committees shall be established 979
as described in division (F)(G)(2) of this section.980

       Not later than the effective date of the rules adopted under 981
this section, the board of education of each school district shall 982
establish the structure for one or more local professional 983
development committees to be operated by such school district. The 984
committee structure so established by a district board shall 985
remain in effect unless within thirty days prior to an anniversary 986
of the date upon which the current committee structure was 987
established, the board provides notice to all affected district 988
employees that the committee structure is to be modified. 989
Professional development committees may have a district-level or 990
building-level scope of operations, and may be established with 991
regard to particular grade or age levels for which an educator 992
license is designated.993

       Each professional development committee shall consist of at 994
least three classroom teachers employed by the district, one 995
principal employed by the district, and one other employee of the 996
district appointed by the district superintendent. For committees 997
with a building-level scope, the teacher and principal members 998
shall be assigned to that building, and the teacher members shall 999
be elected by majority vote of the classroom teachers assigned to 1000
that building. For committees with a district-level scope, the 1001
teacher members shall be elected by majority vote of the classroom 1002
teachers of the district, and the principal member shall be 1003
elected by a majority vote of the principals of the district, 1004
unless there are two or fewer principals employed by the district, 1005
in which case the one or two principals employed shall serve on 1006
the committee. If a committee has a particular grade or age level 1007
scope, the teacher members shall be licensed to teach such grade 1008
or age levels, and shall be elected by majority vote of the 1009
classroom teachers holding such a license and the principal shall 1010
be elected by all principals serving in buildings where any such 1011
teachers serve. The district superintendent shall appoint a 1012
replacement to fill any vacancy that occurs on a professional 1013
development committee, except in the case of vacancies among the 1014
elected classroom teacher members, which shall be filled by vote 1015
of the remaining members of the committee so selected.1016

       Terms of office on professional development committees shall 1017
be prescribed by the district board establishing the committees. 1018
The conduct of elections for members of professional development 1019
committees shall be prescribed by the district board establishing 1020
the committees. A professional development committee may include 1021
additional members, except that the majority of members on each 1022
such committee shall be classroom teachers employed by the 1023
district. Any member appointed to fill a vacancy occurring prior 1024
to the expiration date of the term for which a predecessor was 1025
appointed shall hold office as a member for the remainder of that 1026
term.1027

       The initial meeting of any professional development 1028
committee, upon election and appointment of all committee members, 1029
shall be called by a member designated by the district 1030
superintendent. At this initial meeting, the committee shall 1031
select a chairperson and such other officers the committee deems 1032
necessary, and shall adopt rules for the conduct of its meetings. 1033
Thereafter, the committee shall meet at the call of the 1034
chairperson or upon the filing of a petition with the district 1035
superintendent signed by a majority of the committee members 1036
calling for the committee to meet.1037

       (3) In the case of a school district in which an exclusive 1038
representative has been established pursuant to Chapter 4117. of 1039
the Revised Code, professional development committees shall be 1040
established in accordance with any collective bargaining agreement 1041
in effect in the district that includes provisions for such 1042
committees.1043

       If the collective bargaining agreement does not specify a 1044
different method for the selection of teacher members of the 1045
committees, the exclusive representative of the district's 1046
teachers shall select the teacher members.1047

       If the collective bargaining agreement does not specify a 1048
different structure for the committees, the board of education of 1049
the school district shall establish the structure, including the 1050
number of committees and the number of teacher and administrative 1051
members on each committee; the specific administrative members to 1052
be part of each committee; whether the scope of the committees 1053
will be district levels, building levels, or by type of grade or 1054
age levels for which educator licenses are designated; the lengths 1055
of terms for members; the manner of filling vacancies on the 1056
committees; and the frequency and time and place of meetings. 1057
However, in all cases, except as provided in division (F)(G)(4) of 1058
this section, there shall be a majority of teacher members of any 1059
professional development committee, there shall be at least five 1060
total members of any professional development committee, and the 1061
exclusive representative shall designate replacement members in 1062
the case of vacancies among teacher members, unless the collective 1063
bargaining agreement specifies a different method of selecting 1064
such replacements.1065

       (4) Whenever an administrator's coursework plan is being 1066
discussed or voted upon, the local professional development 1067
committee shall, at the request of one of its administrative 1068
members, cause a majority of the committee to consist of 1069
administrative members by reducing the number of teacher members 1070
voting on the plan.1071

       (G)(H)(1) The department of education, educational service 1072
centers, county boards of developmental disabilities, regional 1073
professional development centers, special education regional 1074
resource centers, college and university departments of education, 1075
head start programs, the eTech Ohio commission, and the Ohio 1076
education computer network may establish local professional 1077
development committees to determine whether the coursework 1078
proposed by their employees who are licensed or certificated under 1079
this section or section 3319.222 of the Revised Code, or under the 1080
former version of either section as it existed prior to the 1081
effective date of this amendmentOctober 16, 2009, meet the 1082
requirements of the rules adopted under this section. They may 1083
establish local professional development committees on their own 1084
or in collaboration with a school district or other agency having 1085
authority to establish them.1086

       Local professional development committees established by 1087
county boards of developmental disabilities shall be structured in 1088
a manner comparable to the structures prescribed for school 1089
districts in divisions (F)(G)(2) and (3) of this section, as shall 1090
the committees established by any other entity specified in 1091
division (G)(H)(1) of this section that provides educational 1092
services by employing or contracting for services of classroom 1093
teachers licensed or certificated under this section or section 1094
3319.222 of the Revised Code, or under the former version of 1095
either section as it existed prior to the effective date of this 1096
amendmentOctober 16, 2009. All other entities specified in 1097
division (G)(H)(1) of this section shall structure their 1098
committees in accordance with guidelines which shall be issued by 1099
the state board.1100

       (2) Any public agency that is not specified in division1101
(G)(H)(1) of this section but provides educational services and 1102
employs or contracts for services of classroom teachers licensed 1103
or certificated under this section or section 3319.222 of the 1104
Revised Code, or under the former version of either section as it 1105
existed prior to the effective date of this amendmentOctober 16, 1106
2009, may establish a local professional development committee, 1107
subject to the approval of the department of education. The 1108
committee shall be structured in accordance with guidelines issued 1109
by the state board.1110

       Sec. 3319.223.  (A) Not later than January 1, 2011, the 1111
superintendent of public instruction and the chancellor of the 1112
Ohio board of regents jointly shall establish the Ohio teacher 1113
residency program, which shall be a four-year, entry-level program 1114
for classroom teachers. The teacher residency program shall 1115
include at least the following components:1116

       (1) Mentoring by teachers who hold a lead professional 1117
educator license issued under section 3319.22 of the Revised Code;1118

       (2) Counseling to ensure that program participants receive 1119
needed professional development;1120

        (3) Use of measures of student academic gain to evaluate the 1121
effectiveness of program participants;1122

        (4) Measures of appropriate progression through the program.1123

       (B) The teacher residency program shall be aligned with the 1124
standards for teachers adopted by the state board of education 1125
under section 3319.61 of the Revised Code and best practices 1126
identified by the superintendent of public instruction.1127

       (C) Each person who holds a resident educator license issued 1128
under section 3319.22 of the Revised Code or an alternative 1129
resident educator license issued under section 3319.26 of the 1130
Revised Code shall participate in the teacher residency program. 1131
Successful completion of the program shall be required to qualify 1132
any such person for a professional educator license issued under 1133
section 3319.22 of the Revised Code.1134

       Sec. 3319.227. Notwithstanding any other provision of the 1135
Revised Code or any rule adopted by the state board of education 1136
to the contrary, the state board shall issue an initial 1137
professional educator license under section 3319.22 of the Revised 1138
Code to any applicant who has completed at least two years of 1139
teaching in another state as a participant in the teach for 1140
America program.1141

       Sec. 3319.61. (A) The educator standards board, in 1142
consultation with the chancellor of the Ohio board of regents, 1143
shall do all of the following:1144

       (1) Develop state standards for teachers and principals that 1145
reflect what teachers and principals are expected to know and be 1146
able to do at all stages of their careers. These standards shall 1147
be aligned with the statewide academic content standards for 1148
students adopted pursuant to section 3301.079 of the Revised Code, 1149
be primarily based on educator performance instead of years of 1150
experience or certain courses completed, and rely on 1151
evidence-based factors. These standards shall also be aligned with 1152
the operating standards adopted under division (D)(3) of section 1153
3301.07 of the Revised Code.1154

       (a) The standards for teachers shall reflect the following 1155
additional criteria:1156

       (i) Alignment with the interstate new teacher assessment and 1157
support consortium standards;1158

       (ii) Differentiation among novice, experienced, and advanced 1159
teachers;1160

       (iii) Reliance on competencies that can be measured;1161

       (iv) Reliance on content knowledge, teaching skills, 1162
discipline-specific teaching methods, and requirements for 1163
professional development;1164

       (v) Alignment with a career-long system of professional 1165
development and evaluation that ensures teachers receive the 1166
support and training needed to achieve the teaching standards as 1167
well as reliable feedback about how well they meet the standards;1168

        (vi) The standards under section 3301.079 of the Revised 1169
Code, including standards on collaborative learning environments 1170
and interdisciplinary, project-based, real-world learning and 1171
differentiated instruction;1172

       (vii) The Ohio leadership framework.1173

       (b) The standards for principals shall be aligned with the 1174
interstate school leaders licensing consortium standards.1175

       (2) Develop standards for school district superintendents 1176
that reflect what superintendents are expected to know and be able 1177
to do at all stages of their careers. The standards shall reflect 1178
knowledge of systems theory and effective management principles 1179
and be aligned with the buckeye association of school 1180
administrators standards and the operating standards developed 1181
under division (D)(3) of section 3301.07 of the Revised Code.1182

        (3) Develop standards for school district treasurers and 1183
business managers that reflect what treasurers and business 1184
managers are expected to know and be able to do at all stages of 1185
their careers. The standards shall reflect knowledge of systems 1186
theory and effective management principles and be aligned with the 1187
association of school business officials international standards 1188
and the operating standards developed under division (D)(3) of 1189
section 3301.07 of the Revised Code.1190

        (4) Develop standards for the renewal of licenses under 1191
sections 3301.074 and 3319.22 of the Revised Code;1192

       (5) Develop standards for educator professional development;1193

       (6) Investigate and make recommendations for the creation, 1194
expansion, and implementation of school building and school 1195
district leadership academies.1196

        The superintendent of public instruction, the chancellor of 1197
the Ohio board of regents, or the education standards board itself 1198
may request that the educator standards board update, review, or 1199
reconsider any standards developed under this section.1200

       (B) The educator standards board shall incorporate indicators 1201
of cultural competency into the standards developed under division 1202
(A) of this section. For this purpose, the educator standards 1203
board shall develop a definition of cultural competency based upon 1204
content and experiences that enable educators to know, understand, 1205
and appreciate the students, families, and communities that they 1206
serve and skills for addressing cultural diversity in ways that 1207
respond equitably and appropriately to the cultural needs of 1208
individual students.1209

       (C) In developing the standards under division (A) of this 1210
section, the educator standards board shall consider the impact of 1211
the standards on closing the achievement gap between students of 1212
different subgroups.1213

       (D) In developing the standards under division (A) of this 1214
section, the educator standards board shall ensure both of the 1215
following:1216

       (1) That teachers have sufficient knowledge to provide 1217
appropriate instruction for students identified as gifted pursuant 1218
to Chapter 3324. of the Revised Code and to assist in the 1219
identification of such students, and have sufficient knowledge 1220
that will enable teachers to provide learning opportunities for 1221
all children to succeed;1222

        (2) That principals, superintendents, school treasurers, and 1223
school business managers have sufficient knowledge to provide 1224
principled, collaborative, foresighted, and data-based leadership 1225
that will provide learning opportunities for all children to 1226
succeed.1227

       (E) The standards for educator professional development 1228
developed under division (A)(5) of this section shall include the 1229
following:1230

       (1) Standards for the inclusion of local professional 1231
development committees established under section 3319.22 of the 1232
Revised Code in the planning and design of professional 1233
development;1234

       (2) Standards that address the crucial link between academic 1235
achievement and mental health issues.1236

        (F) The educator standards board shall also perform the 1237
following functions:1238

       (1) Monitor compliance with the standards developed under 1239
division (A) of this section and make recommendations to the state 1240
board of education for appropriate corrective action if such 1241
standards are not met;1242

       (2) Research, develop, and recommend policies on the 1243
professions of teaching and school administration;1244

       (3) Recommend policies to close the achievement gap between 1245
students of different subgroups;1246

       (4) Define a "master teacher" in a manner that can be used 1247
uniformly by all school districts;1248

        (5) Adopt criteria that a candidate for a lead professional 1249
educator license under section 3319.22 of the Revised Code who 1250
does not hold a valid certificate issued by the national board for 1251
professional teaching standards must meet to be considered a lead 1252
teacher for purposes of division (B)(4)(d) of that section. It is 1253
the intent of the general assembly that the educator standards 1254
board shall adopt multiple, equal-weighted criteria to use in 1255
determining whether a person is a lead teacher. The criteria shall 1256
be in addition to the other standards and qualifications 1257
prescribed in division (B)(4) of section 3319.22 of the Revised 1258
Code. The criteria may include, but shall not be limited to, 1259
completion of educational levels beyond a master's degree or 1260
other professional development courses or demonstration of a 1261
leadership role in the teacher's school building or district. The 1262
board shall determine the number of criteria that a teacher shall 1263
satisfy to be recognized as a lead teacher, which shall not be 1264
the total number of criteria adopted by the board.1265

       (6) Develop model teacher and principal evaluation 1266
instruments and processes. The models shall be based on the 1267
standards developed under division (A) of this section.1268

       (7) Develop a method of measuring the academic improvement 1269
made by individual students during a one-year period and make 1270
recommendations for incorporating the measurement as one of 1271
multiple evaluation criteria into each of the following:1272

       (a) Eligibility for a professional educator license, senior 1273
professional educator license, lead professional educator license, 1274
or principal license issued under section 3319.22 of the Revised 1275
Code;1276

       (b) The Ohio teacher residency program established under 1277
section 3319.223 of the Revised Code;1278

       (c) The model teacher and principal evaluation instruments 1279
and processes developed under division (F)(6) of this sectionand 1280
student performance over time as determined by value-added data 1281
and other standardized evidence of student achievement gains.1282

       (G) The educator standards board shall submit recommendations 1283
of standards developed under division (A) of this section to the 1284
state board of education not later than September 1, 2010. The 1285
state board of education shall review those recommendations at the 1286
state board's regular meeting that next succeeds the date that the 1287
recommendations are submitted to the state board. At that meeting, 1288
the state board of education shall vote to either adopt standards 1289
based on those recommendations or request that the educator 1290
standards board reconsider its recommendations. The state board of 1291
education shall articulate reasons for requesting reconsideration 1292
of the recommendations but shall not direct the content of the 1293
recommendations. The educator standards board shall reconsider its 1294
recommendations if the state board of education so requests, may 1295
revise the recommendations, and shall resubmit the 1296
recommendations, whether revised or not, to the state board not 1297
later than two weeks prior to the state board's regular meeting 1298
that next succeeds the meeting at which the state board requested 1299
reconsideration of the initial recommendations. The state board of 1300
education shall review the recommendations as resubmitted by the 1301
educator standards board at the state board's regular meeting that 1302
next succeeds the meeting at which the state board requested 1303
reconsideration of the initial recommendations and may adopt the 1304
standards as resubmitted or, if the resubmitted standards have not 1305
addressed the state board's concerns, the state board may modify 1306
the standards prior to adopting them. The state board shall adopt 1307
standards under this section in accordance with Chapter 119. of 1308
the Revised Code. The final responsibility to determine whether to 1309
adopt standards as described in division (A) of this section and 1310
the content of those standards, if adopted, belongs solely to the 1311
state board of education.1312

       Section 2. That existing sections 3314.013, 3314.014, 1313
3314.016, 3314.02, 3314.021, 3314.03, 3314.05, 3319.22, 3319.223, 1314
and 3319.61 of the Revised Code are hereby repealed.1315

       Section 3. The amendment by this act to section 3314.03 of 1316
the Revised Code does not accelerate the taking effect of the 1317
earlier amendment to that section by Sub. S.B. 210 of the 128th 1318
General Assembly that takes effect on July 1, 2011.1319

       Section 4.  Section 3314.014 of the Revised Code is presented 1320
in this act as a composite of the section as amended by both Am. 1321
Sub. H.B. 79 and Am. Sub. H.B. 276 of the 126th General Assembly. 1322
The General Assembly, applying the principle stated in division 1323
(B) of section 1.52 of the Revised Code that amendments are to be 1324
harmonized if reasonably capable of simultaneous operation, finds 1325
that the composite is the resulting version of the section in 1326
effect prior to the effective date of the section as presented in 1327
this act.1328

       Section 5.  Section 3319.22 of the Revised Code is presented 1329
in this act as a composite of the section as amended by both Am. 1330
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The 1331
General Assembly, applying the principle stated in division (B) of 1332
section 1.52 of the Revised Code that amendments are to be 1333
harmonized if reasonably capable of simultaneous operation, finds 1334
that the composite is the resulting version of the section in 1335
effect prior to the effective date of the section as presented in 1336
this act.1337

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