Bill Text: OH HB393 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To require public high schools to publish annually education and career exploration information, including access to the OhioMeansJobs web site.
Spectrum: Moderate Partisan Bill (Republican 26-3)
Status: (Passed) 2014-09-17 - Effective Date [HB393 Detail]
Download: Ohio-2013-HB393-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To require public high schools to publish annually education and career exploration information, including access to the OhioMeansJobs web site.
Spectrum: Moderate Partisan Bill (Republican 26-3)
Status: (Passed) 2014-09-17 - Effective Date [HB393 Detail]
Download: Ohio-2013-HB393-Engrossed.html
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Representatives Baker, Landis
Cosponsors:
Representatives Blessing, Milkovich, Romanchuk, Reece, Hagan, C., Anielski, Amstutz, Beck, Brown, Buchy, Burkley, Derickson, Green, Hayes, Hottinger, Huffman, McClain, Perales, Retherford, Sears, Stebelton, Wachtmann Speaker Batchelder
Senators Eklund, Lehner, Obhof, Widener
To amend sections 3314.03, 3326.11, and 3328.24 and | 1 |
to enact sections 3301.45, 3313.89, and 6301.15 of | 2 |
the Revised Code to require public high schools to | 3 |
publish annually education and career exploration | 4 |
information, including access to the OhioMeansJobs | 5 |
web site. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3326.11, and 3328.24 be | 7 |
amended and sections 3301.45, 3313.89, and 6301.15 of the Revised | 8 |
Code be enacted to read as follows: | 9 |
Sec. 3301.45. (A) Not later than the thirtieth day of | 10 |
September of each year, the department of education shall | 11 |
distribute to all public high schools the information provided by | 12 |
the director of job and family services on the online education | 13 |
and career planning tool developed under section 6301.15 of the | 14 |
Revised Code. | 15 |
(B) Annually, the department of education shall survey high | 16 |
school administrators and guidance counselors regarding their use | 17 |
of the online planning tool and provide the results of the survey | 18 |
to the director of job and family services to support future | 19 |
refinements and improvements to the online planning tool. | 20 |
As used in this section, "public high school" means a school | 21 |
that serves students in any of grades nine through twelve and is | 22 |
operated by a school district or a community school established | 23 |
under Chapter 3314. of the Revised Code, a STEM school established | 24 |
under Chapter 3326. of the Revised Code, or a college-preparatory | 25 |
boarding school established under Chapter 3328. of the Revised | 26 |
Code. | 27 |
Sec. 3313.89. Beginning with the 2014-2015 school year, each | 28 |
public high school shall publish or provide, not later than the | 29 |
first day of April of each year, in its newsletter, high school | 30 |
planning guide, regular publication provided to parents and | 31 |
students, or in a prominent location on the school web site, | 32 |
information regarding the online education and career planning | 33 |
tool developed under section 6301.15 of the Revised Code. The | 34 |
information shall include the internet web site address for the | 35 |
planning tool and a link to that web site. The information also | 36 |
shall include a link to the OhioMeansJobs web site. | 37 |
As used in this section, "OhioMeansJobs" has the same meaning | 38 |
as in section 6301.01 of the Revised Code. | 39 |
Sec. 3314.03. A copy of every contract entered into under | 40 |
this section shall be filed with the superintendent of public | 41 |
instruction. The department of education shall make available on | 42 |
its web site a copy of every approved, executed contract filed | 43 |
with the superintendent under this section. | 44 |
(A) Each contract entered into between a sponsor and the | 45 |
governing authority of a community school shall specify the | 46 |
following: | 47 |
(1) That the school shall be established as either of the | 48 |
following: | 49 |
(a) A nonprofit corporation established under Chapter 1702. | 50 |
of the Revised Code, if established prior to April 8, 2003; | 51 |
(b) A public benefit corporation established under Chapter | 52 |
1702. of the Revised Code, if established after April 8, 2003. | 53 |
(2) The education program of the school, including the | 54 |
school's mission, the characteristics of the students the school | 55 |
is expected to attract, the ages and grades of students, and the | 56 |
focus of the curriculum; | 57 |
(3) The academic goals to be achieved and the method of | 58 |
measurement that will be used to determine progress toward those | 59 |
goals, which shall include the statewide achievement assessments; | 60 |
(4) Performance standards by which the success of the school | 61 |
will be evaluated by the sponsor; | 62 |
(5) The admission standards of section 3314.06 of the Revised | 63 |
Code and, if applicable, section 3314.061 of the Revised Code; | 64 |
(6)(a) Dismissal procedures; | 65 |
(b) A requirement that the governing authority adopt an | 66 |
attendance policy that includes a procedure for automatically | 67 |
withdrawing a student from the school if the student without a | 68 |
legitimate excuse fails to participate in one hundred five | 69 |
consecutive hours of the learning opportunities offered to the | 70 |
student. | 71 |
(7) The ways by which the school will achieve racial and | 72 |
ethnic balance reflective of the community it serves; | 73 |
(8) Requirements for financial audits by the auditor of | 74 |
state. The contract shall require financial records of the school | 75 |
to be maintained in the same manner as are financial records of | 76 |
school districts, pursuant to rules of the auditor of state. | 77 |
Audits shall be conducted in accordance with section 117.10 of the | 78 |
Revised Code. | 79 |
(9) The facilities to be used and their locations; | 80 |
(10) Qualifications of teachers, including a requirement that | 81 |
the school's classroom teachers be licensed in accordance with | 82 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 83 |
community school may engage noncertificated persons to teach up to | 84 |
twelve hours per week pursuant to section 3319.301 of the Revised | 85 |
Code. | 86 |
(11) That the school will comply with the following | 87 |
requirements: | 88 |
(a) The school will provide learning opportunities to a | 89 |
minimum of twenty-five students for a minimum of nine hundred | 90 |
twenty hours per school year. | 91 |
(b) The governing authority will purchase liability | 92 |
insurance, or otherwise provide for the potential liability of the | 93 |
school. | 94 |
(c) The school will be nonsectarian in its programs, | 95 |
admission policies, employment practices, and all other | 96 |
operations, and will not be operated by a sectarian school or | 97 |
religious institution. | 98 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 99 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 100 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 101 |
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 102 |
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 103 |
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 104 |
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, | 105 |
3313.816, 3313.817, 3313.86, 3313.89, 3313.96, 3319.073, 3319.321, | 106 |
3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, | 107 |
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, | 108 |
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 109 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 110 |
district and will comply with section 3301.0714 of the Revised | 111 |
Code in the manner specified in section 3314.17 of the Revised | 112 |
Code. | 113 |
(e) The school shall comply with Chapter 102. and section | 114 |
2921.42 of the Revised Code. | 115 |
(f) The school will comply with sections 3313.61, 3313.611, | 116 |
and 3313.614 of the Revised Code, except that for students who | 117 |
enter ninth grade for the first time before July 1, 2010, the | 118 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 119 |
that a person must successfully complete the curriculum in any | 120 |
high school prior to receiving a high school diploma may be met by | 121 |
completing the curriculum adopted by the governing authority of | 122 |
the community school rather than the curriculum specified in Title | 123 |
XXXIII of the Revised Code or any rules of the state board of | 124 |
education. Beginning with students who enter ninth grade for the | 125 |
first time on or after July 1, 2010, the requirement in sections | 126 |
3313.61 and 3313.611 of the Revised Code that a person must | 127 |
successfully complete the curriculum of a high school prior to | 128 |
receiving a high school diploma shall be met by completing the | 129 |
Ohio core curriculum prescribed in division (C) of section | 130 |
3313.603 of the Revised Code, unless the person qualifies under | 131 |
division (D) or (F) of that section. Each school shall comply with | 132 |
the plan for awarding high school credit based on demonstration of | 133 |
subject area competency, adopted by the state board of education | 134 |
under division (J) of section 3313.603 of the Revised Code. | 135 |
(g) The school governing authority will submit within four | 136 |
months after the end of each school year a report of its | 137 |
activities and progress in meeting the goals and standards of | 138 |
divisions (A)(3) and (4) of this section and its financial status | 139 |
to the sponsor and the parents of all students enrolled in the | 140 |
school. | 141 |
(h) The school, unless it is an internet- or computer-based | 142 |
community school, will comply with section 3313.801 of the Revised | 143 |
Code as if it were a school district. | 144 |
(i) If the school is the recipient of moneys from a grant | 145 |
awarded under the federal race to the top program, Division (A), | 146 |
Title XIV, Sections 14005 and 14006 of the "American Recovery and | 147 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 148 |
school will pay teachers based upon performance in accordance with | 149 |
section 3317.141 and will comply with section 3319.111 of the | 150 |
Revised Code as if it were a school district. | 151 |
(12) Arrangements for providing health and other benefits to | 152 |
employees; | 153 |
(13) The length of the contract, which shall begin at the | 154 |
beginning of an academic year. No contract shall exceed five years | 155 |
unless such contract has been renewed pursuant to division (E) of | 156 |
this section. | 157 |
(14) The governing authority of the school, which shall be | 158 |
responsible for carrying out the provisions of the contract; | 159 |
(15) A financial plan detailing an estimated school budget | 160 |
for each year of the period of the contract and specifying the | 161 |
total estimated per pupil expenditure amount for each such year. | 162 |
(16) Requirements and procedures regarding the disposition of | 163 |
employees of the school in the event the contract is terminated or | 164 |
not renewed pursuant to section 3314.07 of the Revised Code; | 165 |
(17) Whether the school is to be created by converting all or | 166 |
part of an existing public school or educational service center | 167 |
building or is to be a new start-up school, and if it is a | 168 |
converted public school or service center building, specification | 169 |
of any duties or responsibilities of an employer that the board of | 170 |
education or service center governing board that operated the | 171 |
school or building before conversion is delegating to the | 172 |
governing authority of the community school with respect to all or | 173 |
any specified group of employees provided the delegation is not | 174 |
prohibited by a collective bargaining agreement applicable to such | 175 |
employees; | 176 |
(18) Provisions establishing procedures for resolving | 177 |
disputes or differences of opinion between the sponsor and the | 178 |
governing authority of the community school; | 179 |
(19) A provision requiring the governing authority to adopt a | 180 |
policy regarding the admission of students who reside outside the | 181 |
district in which the school is located. That policy shall comply | 182 |
with the admissions procedures specified in sections 3314.06 and | 183 |
3314.061 of the Revised Code and, at the sole discretion of the | 184 |
authority, shall do one of the following: | 185 |
(a) Prohibit the enrollment of students who reside outside | 186 |
the district in which the school is located; | 187 |
(b) Permit the enrollment of students who reside in districts | 188 |
adjacent to the district in which the school is located; | 189 |
(c) Permit the enrollment of students who reside in any other | 190 |
district in the state. | 191 |
(20) A provision recognizing the authority of the department | 192 |
of education to take over the sponsorship of the school in | 193 |
accordance with the provisions of division (C) of section 3314.015 | 194 |
of the Revised Code; | 195 |
(21) A provision recognizing the sponsor's authority to | 196 |
assume the operation of a school under the conditions specified in | 197 |
division (B) of section 3314.073 of the Revised Code; | 198 |
(22) A provision recognizing both of the following: | 199 |
(a) The authority of public health and safety officials to | 200 |
inspect the facilities of the school and to order the facilities | 201 |
closed if those officials find that the facilities are not in | 202 |
compliance with health and safety laws and regulations; | 203 |
(b) The authority of the department of education as the | 204 |
community school oversight body to suspend the operation of the | 205 |
school under section 3314.072 of the Revised Code if the | 206 |
department has evidence of conditions or violations of law at the | 207 |
school that pose an imminent danger to the health and safety of | 208 |
the school's students and employees and the sponsor refuses to | 209 |
take such action. | 210 |
(23) A description of the learning opportunities that will be | 211 |
offered to students including both classroom-based and | 212 |
non-classroom-based learning opportunities that is in compliance | 213 |
with criteria for student participation established by the | 214 |
department under division (H)(2) of section 3314.08 of the Revised | 215 |
Code; | 216 |
(24) The school will comply with sections 3302.04 and | 217 |
3302.041 of the Revised Code, except that any action required to | 218 |
be taken by a school district pursuant to those sections shall be | 219 |
taken by the sponsor of the school. However, the sponsor shall not | 220 |
be required to take any action described in division (F) of | 221 |
section 3302.04 of the Revised Code. | 222 |
(25) Beginning in the 2006-2007 school year, the school will | 223 |
open for operation not later than the thirtieth day of September | 224 |
each school year, unless the mission of the school as specified | 225 |
under division (A)(2) of this section is solely to serve dropouts. | 226 |
In its initial year of operation, if the school fails to open by | 227 |
the thirtieth day of September, or within one year after the | 228 |
adoption of the contract pursuant to division (D) of section | 229 |
3314.02 of the Revised Code if the mission of the school is solely | 230 |
to serve dropouts, the contract shall be void. | 231 |
(B) The community school shall also submit to the sponsor a | 232 |
comprehensive plan for the school. The plan shall specify the | 233 |
following: | 234 |
(1) The process by which the governing authority of the | 235 |
school will be selected in the future; | 236 |
(2) The management and administration of the school; | 237 |
(3) If the community school is a currently existing public | 238 |
school or educational service center building, alternative | 239 |
arrangements for current public school students who choose not to | 240 |
attend the converted school and for teachers who choose not to | 241 |
teach in the school or building after conversion; | 242 |
(4) The instructional program and educational philosophy of | 243 |
the school; | 244 |
(5) Internal financial controls. | 245 |
(C) A contract entered into under section 3314.02 of the | 246 |
Revised Code between a sponsor and the governing authority of a | 247 |
community school may provide for the community school governing | 248 |
authority to make payments to the sponsor, which is hereby | 249 |
authorized to receive such payments as set forth in the contract | 250 |
between the governing authority and the sponsor. The total amount | 251 |
of such payments for oversight and monitoring of the school shall | 252 |
not exceed three per cent of the total amount of payments for | 253 |
operating expenses that the school receives from the state. | 254 |
(D) The contract shall specify the duties of the sponsor | 255 |
which shall be in accordance with the written agreement entered | 256 |
into with the department of education under division (B) of | 257 |
section 3314.015 of the Revised Code and shall include the | 258 |
following: | 259 |
(1) Monitor the community school's compliance with all laws | 260 |
applicable to the school and with the terms of the contract; | 261 |
(2) Monitor and evaluate the academic and fiscal performance | 262 |
and the organization and operation of the community school on at | 263 |
least an annual basis; | 264 |
(3) Report on an annual basis the results of the evaluation | 265 |
conducted under division (D)(2) of this section to the department | 266 |
of education and to the parents of students enrolled in the | 267 |
community school; | 268 |
(4) Provide technical assistance to the community school in | 269 |
complying with laws applicable to the school and terms of the | 270 |
contract; | 271 |
(5) Take steps to intervene in the school's operation to | 272 |
correct problems in the school's overall performance, declare the | 273 |
school to be on probationary status pursuant to section 3314.073 | 274 |
of the Revised Code, suspend the operation of the school pursuant | 275 |
to section 3314.072 of the Revised Code, or terminate the contract | 276 |
of the school pursuant to section 3314.07 of the Revised Code as | 277 |
determined necessary by the sponsor; | 278 |
(6) Have in place a plan of action to be undertaken in the | 279 |
event the community school experiences financial difficulties or | 280 |
closes prior to the end of a school year. | 281 |
(E) Upon the expiration of a contract entered into under this | 282 |
section, the sponsor of a community school may, with the approval | 283 |
of the governing authority of the school, renew that contract for | 284 |
a period of time determined by the sponsor, but not ending earlier | 285 |
than the end of any school year, if the sponsor finds that the | 286 |
school's compliance with applicable laws and terms of the contract | 287 |
and the school's progress in meeting the academic goals prescribed | 288 |
in the contract have been satisfactory. Any contract that is | 289 |
renewed under this division remains subject to the provisions of | 290 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 291 |
(F) If a community school fails to open for operation within | 292 |
one year after the contract entered into under this section is | 293 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 294 |
Code or permanently closes prior to the expiration of the | 295 |
contract, the contract shall be void and the school shall not | 296 |
enter into a contract with any other sponsor. A school shall not | 297 |
be considered permanently closed because the operations of the | 298 |
school have been suspended pursuant to section 3314.072 of the | 299 |
Revised Code. | 300 |
Sec. 3326.11. Each science, technology, engineering, and | 301 |
mathematics school established under this chapter and its | 302 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 303 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 304 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 305 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 306 |
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 307 |
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 308 |
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 309 |
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 310 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 311 |
3313.816, 3313.817, 3313.86, 3313.89, 3313.96, 3319.073, 3319.21, | 312 |
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 313 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 314 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 315 |
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 316 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 317 |
district. | 318 |
Sec. 3328.24. A college-preparatory boarding school | 319 |
established under this chapter and its board of trustees shall | 320 |
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 321 |
3301.0714, 3313.6411, 3313.89, 3319.39, and 3319.391 of the | 322 |
Revised Code as if the school were a school district and the | 323 |
school's board of trustees were a district board of education. | 324 |
Sec. 6301.15. Not later than September 1, 2014, the director | 325 |
of job and family services, in consultation with the | 326 |
superintendent of public instruction and the director of the | 327 |
governor's office of workforce transformation, shall develop and | 328 |
maintain an online education and career planning tool to assist | 329 |
students in developing education and career plans. The director of | 330 |
job and family services also shall provide information regarding | 331 |
the online planning tool and all appropriate web site links, | 332 |
including a link to the OhioMeansJobs web site, to the department | 333 |
of education not later than that date. The director of job and | 334 |
family services shall periodically update the online education and | 335 |
career planning tool and other information as determined necessary | 336 |
by the director and shall provide the updates to the department of | 337 |
education. | 338 |
The department of education shall post the information | 339 |
received from the director of job and family services under this | 340 |
section in a prominent location on the department's web site. | 341 |
Section 2. That existing sections 3314.03, 3326.11, and | 342 |
3328.24 of the Revised Code are hereby repealed. | 343 |