Bill Text: OH HB304 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: Regarding student access to public school facilities.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2014-12-02 - Committee Report [HB304 Detail]

Download: Ohio-2013-HB304-Comm_Sub.html

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As Reported by the House Education Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 304

Representative Hayes 

Cosponsors: Representatives Hood, Becker, Derickson, Hall, Wachtmann, Buchy, Maag, Lynch, McClain, Conditt, Henne, Patmon, Brenner 

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A BILL

To amend sections 3314.03, 3326.11, and 3328.24 and

1

to enact section 3320.01 of the Revised Code

2

regarding student access to public school

3

facilities.

4

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

Section 1. That sections 3314.03, 3326.11, and 3328.24 be	5
amended and section 3320.01 of the Revised Code be enacted to read	6
as follows:	7

Sec. 3314.03.  A copy of every contract entered into under	8
this section shall be filed with the superintendent of public	9
instruction. The department of education shall make available on	10
its web site a copy of every approved, executed contract filed	11
with the superintendent under this section.	12

(A) Each contract entered into between a sponsor and the	13
governing authority of a community school shall specify the	14
following:	15

(1) That the school shall be established as either of the	16
following:	17

(a) A nonprofit corporation established under Chapter 1702.	18
of the Revised Code, if established prior to April 8, 2003;	19

(b) A public benefit corporation established under Chapter	20
1702. of the Revised Code, if established after April 8, 2003.	21

(2) The education program of the school, including the	22
school's mission, the characteristics of the students the school	23
is expected to attract, the ages and grades of students, and the	24
focus of the curriculum;	25

(3) The academic goals to be achieved and the method of	26
measurement that will be used to determine progress toward those	27
goals, which shall include the statewide achievement assessments;	28

(4) Performance standards by which the success of the school	29
will be evaluated by the sponsor;	30

(5) The admission standards of section 3314.06 of the Revised	31
Code and, if applicable, section 3314.061 of the Revised Code;	32

(6)(a) Dismissal procedures;

33

(b) A requirement that the governing authority adopt an	34
attendance policy that includes a procedure for automatically	35
withdrawing a student from the school if the student without a	36
legitimate excuse fails to participate in one hundred five	37
consecutive hours of the learning opportunities offered to the	38
student.	39

(7) The ways by which the school will achieve racial and	40
ethnic balance reflective of the community it serves;	41

(8) Requirements for financial audits by the auditor of	42
state. The contract shall require financial records of the school	43
to be maintained in the same manner as are financial records of	44
school districts, pursuant to rules of the auditor of state.	45
Audits shall be conducted in accordance with section 117.10 of the	46
Revised Code.	47

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

48

(10) Qualifications of teachers, including the following:

49

(a) A requirement that the school's classroom teachers be	50
licensed in accordance with sections 3319.22 to 3319.31 of the	51
Revised Code, except that a community school may engage	52
noncertificated persons to teach up to twelve hours per week	53
pursuant to section 3319.301 of the Revised Code;	54

(b) A requirement that each classroom teacher initially hired	55
by the school on or after July 1, 2013, and employed to provide	56
instruction in physical education hold a valid license issued	57
pursuant to section 3319.22 of the Revised Code for teaching	58
physical education.	59

(11) That the school will comply with the following	60
requirements:	61

(a) The school will provide learning opportunities to a	62
minimum of twenty-five students for a minimum of nine hundred	63
twenty hours per school year.	64

(b) The governing authority will purchase liability	65
insurance, or otherwise provide for the potential liability of the	66
school.	67

(c) The school will be nonsectarian in its programs,	68
admission policies, employment practices, and all other	69
operations, and will not be operated by a sectarian school or	70
religious institution.	71

(d) The school will comply with sections 9.90, 9.91, 109.65,	72
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	73
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	74
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	75
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	76
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	77
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	78
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	79
3319.391, 3319.41, 3320.01, 3321.01, 3321.041, 3321.13, 3321.14,	80
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	81
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	82
4123., 4141., and 4167. of the Revised Code as if it were a school	83
district and will comply with section 3301.0714 of the Revised	84
Code in the manner specified in section 3314.17 of the Revised	85
Code.	86

(e) The school shall comply with Chapter 102. and section	87
2921.42 of the Revised Code.	88

(f) The school will comply with sections 3313.61, 3313.611,	89
and 3313.614 of the Revised Code, except that for students who	90
enter ninth grade for the first time before July 1, 2010, the	91
requirement in sections 3313.61 and 3313.611 of the Revised Code	92
that a person must successfully complete the curriculum in any	93
high school prior to receiving a high school diploma may be met by	94
completing the curriculum adopted by the governing authority of	95
the community school rather than the curriculum specified in Title	96
XXXIII of the Revised Code or any rules of the state board of	97
education. Beginning with students who enter ninth grade for the	98
first time on or after July 1, 2010, the requirement in sections	99
3313.61 and 3313.611 of the Revised Code that a person must	100
successfully complete the curriculum of a high school prior to	101
receiving a high school diploma shall be met by completing the	102
Ohio core curriculum prescribed in division (C) of section	103
3313.603 of the Revised Code, unless the person qualifies under	104
division (D) or (F) of that section. Each school shall comply with	105
the plan for awarding high school credit based on demonstration of	106
subject area competency, adopted by the state board of education	107
under division (J) of section 3313.603 of the Revised Code.	108

(g) The school governing authority will submit within four	109
months after the end of each school year a report of its	110
activities and progress in meeting the goals and standards of	111
divisions (A)(3) and (4) of this section and its financial status	112
to the sponsor and the parents of all students enrolled in the	113
school.	114

(h) The school, unless it is an internet- or computer-based	115
community school, will comply with section 3313.801 of the Revised	116
Code as if it were a school district.	117

(i) If the school is the recipient of moneys from a grant	118
awarded under the federal race to the top program, Division (A),	119
Title XIV, Sections 14005 and 14006 of the "American Recovery and	120
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	121
school will pay teachers based upon performance in accordance with	122
section 3317.141 and will comply with section 3319.111 of the	123
Revised Code as if it were a school district.	124

(12) Arrangements for providing health and other benefits to	125
employees;	126

(13) The length of the contract, which shall begin at the	127
beginning of an academic year. No contract shall exceed five years	128
unless such contract has been renewed pursuant to division (E) of	129
this section.	130

(14) The governing authority of the school, which shall be	131
responsible for carrying out the provisions of the contract;	132

(15) A financial plan detailing an estimated school budget	133
for each year of the period of the contract and specifying the	134
total estimated per pupil expenditure amount for each such year.	135
The plan shall specify for each year the base formula amount that	136
will be used for purposes of funding calculations under section	137
3314.08 of the Revised Code. This base formula amount for any year	138
shall not exceed the formula amount defined under section 3317.02	139
of the Revised Code. The plan may also specify for any year a	140
percentage figure to be used for reducing the per pupil amount of	141
the subsidy calculated pursuant to section 3317.029 of the Revised	142
Code the school is to receive that year under section 3314.08 of	143
the Revised Code.	144

(16) Requirements and procedures regarding the disposition of	145
employees of the school in the event the contract is terminated or	146
not renewed pursuant to section 3314.07 of the Revised Code;	147

(17) Whether the school is to be created by converting all or	148
part of an existing public school or educational service center	149
building or is to be a new start-up school, and if it is a	150
converted public school or service center building, specification	151
of any duties or responsibilities of an employer that the board of	152
education or service center governing board that operated the	153
school or building before conversion is delegating to the	154
governing authority of the community school with respect to all or	155
any specified group of employees provided the delegation is not	156
prohibited by a collective bargaining agreement applicable to such	157
employees;	158

(18) Provisions establishing procedures for resolving	159
disputes or differences of opinion between the sponsor and the	160
governing authority of the community school;	161

(19) A provision requiring the governing authority to adopt a	162
policy regarding the admission of students who reside outside the	163
district in which the school is located. That policy shall comply	164
with the admissions procedures specified in sections 3314.06 and	165
3314.061 of the Revised Code and, at the sole discretion of the	166
authority, shall do one of the following:	167

(a) Prohibit the enrollment of students who reside outside	168
the district in which the school is located;	169

(b) Permit the enrollment of students who reside in districts	170
adjacent to the district in which the school is located;	171

(c) Permit the enrollment of students who reside in any other	172
district in the state.	173

(20) A provision recognizing the authority of the department	174
of education to take over the sponsorship of the school in	175
accordance with the provisions of division (C) of section 3314.015	176
of the Revised Code;	177

(21) A provision recognizing the sponsor's authority to	178
assume the operation of a school under the conditions specified in	179
division (B) of section 3314.073 of the Revised Code;	180

(22) A provision recognizing both of the following:

181

(a) The authority of public health and safety officials to	182
inspect the facilities of the school and to order the facilities	183
closed if those officials find that the facilities are not in	184
compliance with health and safety laws and regulations;	185

(b) The authority of the department of education as the	186
community school oversight body to suspend the operation of the	187
school under section 3314.072 of the Revised Code if the	188
department has evidence of conditions or violations of law at the	189
school that pose an imminent danger to the health and safety of	190
the school's students and employees and the sponsor refuses to	191
take such action.	192

(23) A description of the learning opportunities that will be	193
offered to students including both classroom-based and	194
non-classroom-based learning opportunities that is in compliance	195
with criteria for student participation established by the	196
department under division (L)(2) of section 3314.08 of the Revised	197
Code;	198

(24) The school will comply with sections 3302.04 and	199
3302.041 of the Revised Code, except that any action required to	200
be taken by a school district pursuant to those sections shall be	201
taken by the sponsor of the school. However, the sponsor shall not	202
be required to take any action described in division (F) of	203
section 3302.04 of the Revised Code.	204

(25) Beginning in the 2006-2007 school year, the school will	205
open for operation not later than the thirtieth day of September	206
each school year, unless the mission of the school as specified	207
under division (A)(2) of this section is solely to serve dropouts.	208
In its initial year of operation, if the school fails to open by	209
the thirtieth day of September, or within one year after the	210
adoption of the contract pursuant to division (D) of section	211
3314.02 of the Revised Code if the mission of the school is solely	212
to serve dropouts, the contract shall be void.	213

(B) The community school shall also submit to the sponsor a	214
comprehensive plan for the school. The plan shall specify the	215
following:	216

(1) The process by which the governing authority of the	217
school will be selected in the future;	218

(2) The management and administration of the school;

219

(3) If the community school is a currently existing public	220
school or educational service center building, alternative	221
arrangements for current public school students who choose not to	222
attend the converted school and for teachers who choose not to	223
teach in the school or building after conversion;	224

(4) The instructional program and educational philosophy of	225
the school;	226

(5) Internal financial controls.

227

(C) A contract entered into under section 3314.02 of the	228
Revised Code between a sponsor and the governing authority of a	229
community school may provide for the community school governing	230
authority to make payments to the sponsor, which is hereby	231
authorized to receive such payments as set forth in the contract	232
between the governing authority and the sponsor. The total amount	233
of such payments for oversight and monitoring of the school shall	234
not exceed three per cent of the total amount of payments for	235
operating expenses that the school receives from the state.	236

(D) The contract shall specify the duties of the sponsor	237
which shall be in accordance with the written agreement entered	238
into with the department of education under division (B) of	239
section 3314.015 of the Revised Code and shall include the	240
following:	241

(1) Monitor the community school's compliance with all laws	242
applicable to the school and with the terms of the contract;	243

(2) Monitor and evaluate the academic and fiscal performance	244
and the organization and operation of the community school on at	245
least an annual basis;	246

(3) Report on an annual basis the results of the evaluation	247
conducted under division (D)(2) of this section to the department	248
of education and to the parents of students enrolled in the	249
community school;	250

(4) Provide technical assistance to the community school in	251
complying with laws applicable to the school and terms of the	252
contract;	253

(5) Take steps to intervene in the school's operation to	254
correct problems in the school's overall performance, declare the	255
school to be on probationary status pursuant to section 3314.073	256
of the Revised Code, suspend the operation of the school pursuant	257
to section 3314.072 of the Revised Code, or terminate the contract	258
of the school pursuant to section 3314.07 of the Revised Code as	259
determined necessary by the sponsor;	260

(6) Have in place a plan of action to be undertaken in the	261
event the community school experiences financial difficulties or	262
closes prior to the end of a school year.	263

(E) Upon the expiration of a contract entered into under this	264
section, the sponsor of a community school may, with the approval	265
of the governing authority of the school, renew that contract for	266
a period of time determined by the sponsor, but not ending earlier	267
than the end of any school year, if the sponsor finds that the	268
school's compliance with applicable laws and terms of the contract	269
and the school's progress in meeting the academic goals prescribed	270
in the contract have been satisfactory. Any contract that is	271
renewed under this division remains subject to the provisions of	272
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	273

(F) If a community school fails to open for operation within	274
one year after the contract entered into under this section is	275
adopted pursuant to division (D) of section 3314.02 of the Revised	276
Code or permanently closes prior to the expiration of the	277
contract, the contract shall be void and the school shall not	278
enter into a contract with any other sponsor. A school shall not	279
be considered permanently closed because the operations of the	280
school have been suspended pursuant to section 3314.072 of the	281
Revised Code.	282

Sec. 3320.01. (A) As used in this section, "religious	283
expression" includes any of the following:	284

(1) Prayer;

285

(2) Religious gatherings, including but not limited to prayer	286
groups, religious clubs, "see you at the pole" gatherings, or	287
other religious gatherings;	288

(3) Distribution of written materials or literature of a	289
religious nature;	290

(4) Any other activity of a religious nature, including	291
wearing symbolic clothing or expression of a religious viewpoint,	292
provided that the activity is not obscene, vulgar, offensively	293
lewd, or indecent.	294

(B) A school district, community school established under	295
Chapter 3314., STEM school established under Chapter 3326., or a	296
college-preparatory boarding school established under Chapter	297
3328. of the Revised Code shall give the same access to school	298
facilities to students who wish to conduct a meeting for the	299
purpose of engaging in religious expression as is given to secular	300
student groups, without regard to the content of a student's or	301
group's expression.	302

Sec. 3326.11. Each science, technology, engineering, and	303
mathematics school established under this chapter and its	304
governing body shall comply with sections 9.90, 9.91, 109.65,	305
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	306
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	307
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	308
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	309
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	310
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	311
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	312
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	313
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	314
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	315
3320.01, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	316
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	317
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	318
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	319
school district.	320

Sec. 3328.24. A college-preparatory boarding school	321
established under this chapter and its board of trustees shall	322
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	323
3301.0714, 3313.6411, 3319.39, and 3319.391, and 3320.01 of the	324
Revised Code as if the school were a school district and the	325
school's board of trustees were a district board of education.	326

Section 2. That existing sections 3314.03, 3326.11, and	327
3328.24 of the Revised Code are hereby repealed.	328