Bill Text: OH HB519 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To require public schools to install metal detectors in all classroom buildings unless they obtain a waiver from the Superintendent of Public Instruction.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-04-18 - To Education [HB519 Detail]
Download: Ohio-2011-HB519-Introduced.html
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Representative Patmon
Cosponsor:
Representative Barnes
| To amend sections 3314.05, 3326.11, and 3328.24 and | 1 |
| to enact section 3313.539 of the Revised Code to | 2 |
| require public schools to install metal detectors | 3 |
| in all classroom buildings unless they obtain a | 4 |
| waiver from the Superintendent of Public | 5 |
| Instruction. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 3314.05, 3326.11, and 3328.24 be | 7 |
| amended and section 3313.539 of the Revised Code be enacted to | 8 |
| read as follows: | 9 |
| Sec. 3313.539. (A) Subject to division (C) of this section, | 10 |
| the board of education of each school district shall provide for | 11 |
| the installation of metal detectors at the entrances to every | 12 |
| classroom building in the district in accordance with rules | 13 |
| adopted under division (B) of this section. | 14 |
| (B) The attorney general, in consultation with the | 15 |
| superintendent of public instruction and the executive director of | 16 |
| the Ohio school facilities commission, shall adopt rules | 17 |
| prescribing standards for the acquisition, installation, and | 18 |
| operation of metal detectors for the entrances of public school | 19 |
| classroom buildings. | 20 |
| (C) A board of education may obtain a waiver of the | 21 |
| requirement prescribed by division (A) of this section by | 22 |
| submitting to the superintendent of public instruction an | 23 |
| affidavit, attested to by the president of the board, stating that | 24 |
| the board is unable to comply with the requirement. The | 25 |
| superintendent shall grant the waiver upon receipt of the | 26 |
| affidavit. | 27 |
| Sec. 3314.05. (A) The contract between the community school | 28 |
| and the sponsor shall specify the facilities to be used for the | 29 |
| community school and the method of acquisition. Except as provided | 30 |
| in divisions (B)(3) and (4) of this section, no community school | 31 |
| shall be established in more than one school district under the | 32 |
| same contract. | 33 |
| (B) Division (B) of this section shall not apply to internet- | 34 |
| or computer-based community schools. | 35 |
| (1) A community school may be located in multiple facilities | 36 |
| under the same contract only if the limitations on availability of | 37 |
| space prohibit serving all the grade levels specified in the | 38 |
| contract in a single facility or division (B)(2), (3), or (4) of | 39 |
| this section applies to the school. The school shall not offer the | 40 |
| same grade level classrooms in more than one facility. | 41 |
| (2) A community school may be located in multiple facilities | 42 |
| under the same contract and, notwithstanding division (B)(1) of | 43 |
| this section, may assign students in the same grade level to | 44 |
| multiple facilities, as long as all of the following apply: | 45 |
| (a) The governing authority of the community school filed a | 46 |
| copy of its contract with the school's sponsor under section | 47 |
| 3314.03 of the Revised Code with the superintendent of public | 48 |
| instruction on or before May 15, 2008. | 49 |
| (b) The school was not open for operation prior to July 1, | 50 |
| 2008. | 51 |
| (c) The governing authority has entered into and maintains a | 52 |
| contract with an operator of the type described in division | 53 |
| (A)(8)(b) of section 3314.02 of the Revised Code. | 54 |
| (d) The contract with that operator qualified the school to | 55 |
| be established pursuant to division (A) of former section 3314.016 | 56 |
| of the Revised Code. | 57 |
| (e) The school's rating under section 3302.03 of the Revised | 58 |
| Code does not fall below "in need of continuous improvement" for | 59 |
| two or more consecutive years. | 60 |
| (3) A new start-up community school may be established in two | 61 |
| school districts under the same contract if all of the following | 62 |
| apply: | 63 |
| (a) At least one of the school districts in which the school | 64 |
| is established is a challenged school district; | 65 |
| (b) The school operates not more than one facility in each | 66 |
| school district and, in accordance with division (B)(1) of this | 67 |
| section, the school does not offer the same grade level classrooms | 68 |
| in both facilities; and | 69 |
| (c) Transportation between the two facilities does not | 70 |
| require more than thirty minutes of direct travel time as measured | 71 |
| by school bus. | 72 |
| In the case of a community school to which division (B)(3) of | 73 |
| this section applies, if only one of the school districts in which | 74 |
| the school is established is a challenged school district, that | 75 |
| district shall be considered the school's primary location and the | 76 |
| district in which the school is located for the purposes of | 77 |
| division (A)(19) of section 3314.03 and divisions (C) and (H) of | 78 |
| section 3314.06 of the Revised Code and for all other purposes of | 79 |
| this chapter. If both of the school districts in which the school | 80 |
| is established are challenged school districts, the school's | 81 |
| governing authority shall designate one of those districts to be | 82 |
| considered the school's primary location and the district in which | 83 |
| the school is located for the purposes of those divisions and all | 84 |
| other purposes of this chapter and shall notify the department of | 85 |
| education of that designation. | 86 |
| (4) A community school may be located in multiple facilities | 87 |
| under the same contract and, notwithstanding division (B)(1) of | 88 |
| this section, may assign students in the same grade level to | 89 |
| multiple facilities, as long as both of the following apply: | 90 |
| (a) The facilities are all located in the same county. | 91 |
| (b) The governing authority has entered into and maintains a | 92 |
| contract with an operator. | 93 |
| In the case of a community school to which division (B)(4) of | 94 |
| this section applies and that maintains facilities in more than | 95 |
| one school district, the school's governing authority shall | 96 |
| designate one of those districts to be considered the school's | 97 |
| primary location and the district in which the school is located | 98 |
| for the purposes of division (A)(19) of section 3314.03 and | 99 |
| divisions (C) and (H) of section 3314.06 of the Revised Code and | 100 |
| for all other purposes of this chapter and shall notify the | 101 |
| department of that designation. | 102 |
| (5) Any facility used for a community school shall meet all | 103 |
| health and safety standards established by law for school | 104 |
| buildings. | 105 |
| (C) Each community school governing authority and operator | 106 |
| shall comply with section 3313.539 of the Revised Code as if it | 107 |
| were a school district board of education. | 108 |
| (D) In the case where a community school is proposed to be | 109 |
| located in a facility owned by a school district or educational | 110 |
| service center, the facility may not be used for such community | 111 |
| school unless the district or service center board owning the | 112 |
| facility enters into an agreement for the community school to | 113 |
| utilize the facility. Use of the facility may be under any terms | 114 |
| and conditions agreed to by the district or service center board | 115 |
| and the school. | 116 |
| | 117 |
| in the same facility. | 118 |
| | 119 |
| multiple facilities, beginning July 1, 2012, the department shall | 120 |
| assign a unique identification number to the school and to each | 121 |
| facility maintained by the school. Each number shall be used for | 122 |
| identification purposes only. Nothing in this division shall be | 123 |
| construed to require the department to calculate the amount of | 124 |
| funds paid under this chapter, or to compute any data required for | 125 |
| the report cards issued under section 3314.012 of the Revised | 126 |
| Code, for each facility separately. The department shall make all | 127 |
| such calculations or computations for the school as a whole. | 128 |
| Sec. 3326.11. Each science, technology, engineering, and | 129 |
| mathematics school established under this chapter and its | 130 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 131 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 132 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 133 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 134 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 135 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 136 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 137 |
| 3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 138 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 139 |
| 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 140 |
| 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 141 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 142 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 143 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 144 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 145 |
| district. | 146 |
| Sec. 3328.24. A college-preparatory boarding school | 147 |
| established under this chapter, its operator, and its board of | 148 |
| trustees shall comply with sections 3301.0710, 3301.0711, | 149 |
| 3301.0712, 3301.0714, 3313.539, 3319.39, and 3319.391 of the | 150 |
| Revised Code as if the school were a school district and the | 151 |
| school's board of trustees were a district board of education. | 152 |
| Section 2. That existing sections 3314.05, 3326.11, and | 153 |
| 3328.24 of the Revised Code are hereby repealed. | 154 |
