Bill Text: OH SB86 | 2011-2012 | 129th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To permit the establishment of a community school to serve adults of school age who are incarcerated or who have been released from the custody of the Department of Youth Services and to declare an emergency.

Spectrum: Slight Partisan Bill (Republican 16-8)

Status: (Engrossed - Dead) 2011-04-06 - Passed 3rd Consideration House [SB86 Detail]

Download: Ohio-2011-SB86-Comm_Sub.html

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As Reported by the Senate Education Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 86

Senator Sawyer 

Cosponsors: Senators Turner, Smith, Cafaro, Schiavoni, Seitz, Tavares, Hite, Obhof 

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A BILL

To enact section 3314.019 of the Revised Code to

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permit the establishment of a community school to

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serve adults of school age who are incarcerated or

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who have been released from the custody of the

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Department of Youth Services and to declare an

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emergency.

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

Section 1. That section 3314.019 of the Revised Code be	7
enacted to read as follows:	8

Sec. 3314.019.  (A) As used in this section:

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(1) "Formula ADM" has the same meaning as in section 3306.02	10
of the Revised Code.	11

(2) "State correctional institution" has the same meaning as	12
in section 2967.01 of the Revised Code.	13

(B) A new start-up school sponsored by an entity described in	14
divisions (C)(1)(a) to (e) of section 3314.02 of the Revised Code	15
may be established in accordance with this section to serve	16
persons who are at least eighteen years of age but less than	17
twenty-two years of age and have been released from an institution	18
maintained by the department of youth services or are confined in	19
a state correctional institution.	20

(C) The educational program of a community school established	21
under this section shall be based on a curriculum that has a	22
demonstrated record of success in improving student achievement	23
and lowering recidivism and that emphasizes conflict resolution,	24
strengthened interpersonal communication and relationships,	25
personal responsibility, independence, and positive community	26
involvement. The educational program shall enable students to earn	27
high school credits and to complete the requirements for a high	28
school diploma under section 3313.61 of the Revised Code. Upon	29
successful completion of the program, in addition to a high school	30
diploma, students shall be awarded a certificate of achievement	31
and future employability, which may include a summary of the	32
student's education and work skills, information on bonding	33
programs and tax credits available under the Revised Code or	34
federal law for employers who hire persons who were formerly	35
institutionalized or incarcerated, and any other information	36
designated by the school's governing authority. The educational	37
program offered by the school at a facility located at a state	38
correctional institution, as described in division (D)(2) of this	39
section, shall not include the provision of any services to assist	40
students in obtaining a general educational development diploma.	41

(D) Notwithstanding anything in the Revised Code to the	42
contrary, all of the following apply to a community school	43
established under this section:	44

(1) The school shall be established in two or more school	45
districts.	46

(2)(a) To enable the school to serve students while	47
incarcerated and while reintegrating into the community following	48
release from an institution maintained by the department of youth	49
services or a state correctional institution, the school's	50
governing authority shall maintain at least one facility on the	51
site of a state correctional institution and at least one	52
community-based facility that is not on the site of such an	53
institution and is located in a big-eight school district.	54

(b) The school's governing authority shall consult with the	55
department of rehabilitation and correction to identify state	56
correctional institutions at which the governing authority may	57
maintain a facility and the department shall allocate space in the	58
identified institutions for use by the school. Each facility	59
located on the site of a state correctional institution shall be a	60
single-gender facility and the governing authority shall ensure	61
that comparable facilities and learning opportunities are provided	62
for each gender. Nothing in this division shall be construed to	63
require the school to enroll students of both genders when it	64
initially begins operations.	65

The governing authority shall enter into a memorandum of	66
understanding with the department of rehabilitation and correction	67
under which school employees who will work in a facility located	68
at a state correctional institution will be provided safety and	69
security training that meets the department's standards for such	70
training. The governing authority shall provide notice to the	71
managing officer of any state correctional institution at which	72
the governing authority maintains a facility prior to any school	73
employee or volunteer entering the institution and the managing	74
officer may prohibit the employee or volunteer from entering the	75
institution at any time.	76

(c) Until July 1, 2013, the school shall establish not more	77
than two community-based facilities. On and after that date, the	78
school may establish any number of additional community-based	79
facilities. The school's first community-based facility shall be	80
located in the Columbus city school district.	81

(d) The school's governing authority may assign students in	82
the same grade level to multiple facilities.	83

(3) The school shall not be subject to division (A) of	84
section 3314.016 of the Revised Code. However, the school's	85
governing authority shall enter into a contract with a nonprofit	86
organization that has at least ten years of experience in the	87
fields of education and corrections and has been a contractor of	88
the department of rehabilitation and correction to serve persons	89
in the department's custody. The nonprofit organization shall be	90
responsible for directing the school's educational concept,	91
curriculum, and instructional practices and for any other aspects	92
of the school's daily operations designated by the school's	93
governing authority. The nonprofit organization with which the	94
governing authority contracts under this division shall be	95
considered an operator for purposes of this chapter.	96

(4)(a) The school shall enroll only persons who meet the	97
following criteria:	98

(i) The person has acquired sufficient high school credits	99
relative to the person's age that the person is reasonably	100
expected to complete the curriculum requirements for a high school	101
diploma prior to attaining twenty-two years of age.	102

(ii) If the person is in a state correctional institution,	103
the person agrees in writing to continue enrollment at the	104
school's community-based facility following the person's release	105
from the institution.	106

Nothing in division (D)(4)(a) of this section shall prohibit	107
the school from enrolling persons who were not residents of this	108
state immediately prior to being placed in the custody of an	109
institution maintained by the department of youth services or	110
incarcerated, subject to division (E)(5) of this section.	111

(b) If the number of applicants for enrollment exceeds the	112
school's capacity, students shall be admitted by lot from all	113
those submitting applications, except preference shall be given to	114
persons who, prior to being institutionalized or incarcerated,	115
were residents of school districts with a graduation rate, as	116
defined in section 3301.0711 of the Revised Code, of ninety per	117
cent or less.	118

(c) The department of youth services and the department of	119
rehabilitation and correction shall assist the school's governing	120
authority in identifying persons who meet the eligibility criteria	121
for enrollment in the school. If necessary, upon a person's	122
enrollment, the department of rehabilitation and correction shall	123
reassign the person to a state correctional institution at which	124
the school maintains a facility.	125

(5) The school's governing authority may employ a person who	126
has been convicted of or pleaded guilty to an offense described in	127
division (B)(1) of section 3319.39 of the Revised Code under the	128
following conditions:	129

(a) The person is a graduate of the school or another	130
educational program provided by the nonprofit organization	131
described in division (D)(3) of this section.	132

(b) The person has received training in using the person's	133
experiences as an instructional tool and educational intervention	134
for students.	135

(c) During any period of time in which the person will have	136
routine interaction with a student or regular responsibility for	137
the care, custody, or control of a student, the person shall be	138
supervised by an employee of the school who holds a teacher	139
license issued by the state board of education under section	140
3319.22 or 3319.222 or former section 3319.22 of the Revised Code	141
or by an employee of the state correctional institution at which	142
the school is located.	143

(6) The school's governing authority shall be permanently	144
responsible for providing student transportation to the school's	145
community-based facility in accordance with a transportation	146
policy established by the governing authority. The governing	147
authority shall comply with either division (A) or (B) of section	148
3314.091 of the Revised Code in assuming the transportation	149
responsibility, and the school shall be eligible for any payments	150
authorized under that section. The school shall not be entitled to	151
any payment for the provision of transportation from the school	152
district in which the community-based facility is located, except	153
as otherwise authorized under section 3314.091 of the Revised	154
Code.	155

(E) Notwithstanding anything in this chapter or Chapter 3306.	156
or 3317. of the Revised Code to the contrary, all of the following	157
apply in the case of each student enrolled in a community school	158
established under this section:	159

(1) For purposes of the report required under division (B)(2)	160
of section 3314.08 of the Revised Code, the community school shall	161
report the following:	162

(a) If the student was a resident of this state immediately	163
prior to being placed in the custody of an institution maintained	164
by the department of youth services or incarcerated, the name of	165
the school district in which the student was entitled to attend	166
school under section 3313.64 or 3313.65 of the Revised Code at	167
that time. The school district reported shall not be the district	168
in which the student was last known to be enrolled or the district	169
in which the offense that led to the student's	170
institutionalization or incarceration was committed, unless that	171
district is the same district in which the student was entitled to	172
attend school under section 3313.64 or 3313.65 of the Revised Code	173
immediately prior to being institutionalized or incarcerated. The	174
school district reported shall not change, regardless of whether	175
the school district in which the student resides after the	176
student's release from institutionalization or incarceration is	177
different from the school district reported.	178

(b) If the student was not a resident of this state	179
immediately prior to being institutionalized or incarcerated, the	180
fact that the student was not a resident at that time;	181

(c) If the school cannot determine the student's residency	182
status immediately prior to being institutionalized or	183
incarcerated, the fact that the student's residency status is	184
unknown.	185

(2) In the case of each student to whom division (E)(1)(a) of	186
this section applies, the department of education shall include	187
the student in the formula ADM of the school district reported	188
under that division. The student shall not be included in the	189
formula ADM of any other school district.	190

In the case of each student to whom division (E)(1)(b) or (c)	191
of this section applies, the department shall not include the	192
student in the formula ADM of any school district.	193

(3) The department of education shall deduct the applicable	194
amounts prescribed under division (C) of section 3314.08 of the	195
Revised Code from the school district in whose formula ADM the	196
student was included under division (E)(2) of this section and	197
shall not deduct any amount for the student from any other school	198
district. If the student was not included in the formula ADM of a	199
school district under division (E)(2) of this section, the	200
department shall not make any deduction for the student under this	201
division.	202

(4) The department of education shall make the payments	203
prescribed in divisions (D) and (E) of section 3314.08 of the	204
Revised Code to the community school. If the student was not	205
included in the formula ADM of a school district under division	206
(E)(2) of this section, the department shall not make any payment	207
for the student under this division.	208

(5) In the case of each student to whom division (E)(1)(b) or	209
(c) of this section applies, the community school shall be	210
responsible for the total cost of educating the student and may	211
apply for and receive funding from any public or private entity to	212
defray that cost.	213

(6) No state correctional institution shall be entitled to	214
tuition payments under section 3323.091 of the Revised Code for	215
the student.	216

(F) Except as otherwise provided in this section, a community	217
school established under this section shall comply with all	218
requirements of this chapter.	219

(G)(1) Not later than July 1, 2013, the sponsor and governing	220
authority of a community school established under this section and	221
the department of rehabilitation and correction shall conduct an	222
evaluation of the following piloted aspects of the school's	223
operations:	224

(a) The integrated approach to students' academic learning	225
and social-emotional development;	226

(b) The hiring and training of formerly institutionalized or	227
incarcerated individuals to mentor and coach students;	228

(c) Easing the transition of students from a state	229
correctional institution to the school's community-based facility	230
with continuity of curriculum and school staff.	231

(2) In determining whether to expand the community school to	232
additional state correctional institutions or community-based	233
facilities after July 1, 2013, the school's sponsor and governing	234
authority and the department of rehabilitation and correction	235
shall consider the results of the evaluation conducted under	236
division (G)(1) of this section and the following:	237

(a) How many students are served by the school;

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(b) How many persons apply for admission to the school but	239
cannot be served based on the school's current capacity;	240

(c) The regions from which the enrolled students and	241
applicants for admission originate;	242

(d) The performance of students enrolled in the school;

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(e) The impact on students of using formerly	244
institutionalized or incarcerated individuals as mentors;	245

(f) The effectiveness of the transition from a state	246
correctional institution to the school's community-based facility	247
for students;	248

(g) The opinion of students and employees of the school, the	249
school's sponsor, and the department of rehabilitation and	250
correction regarding the workability of the school's educational	251
model.	252

(3) The results of the evaluation conducted under division	253
(G)(1) of this section shall be used only to inform considerations	254
of further expansion of the community school. The school's sponsor	255
shall not use those results to take action under section 3314.07,	256
3314.072, or 3314.073 of the Revised Code or to impose any other	257
sanction authorized by this chapter, except as otherwise specified	258
in its contract with the school under section 3314.03 of the	259
Revised Code.	260

Section 2. If a new start-up community school established in	261
accordance with section 3314.019 of the Revised Code initially	262
opens for operation in the 2011-2012 school year, the school's	263
governing authority and the governing board of the school's	264
sponsor shall not be subject to the deadlines prescribed by	265
division (D) of section 3314.02 of the Revised Code for adoption	266
and signing of the contract entered into under section 3314.03 of	267
the Revised Code, but those parties shall adopt and sign the	268
contract, and file a copy of it with the Superintendent of Public	269
Instruction, prior to the school's opening.	270

Section 3. This act is hereby declared to be an emergency	271
measure necessary for the immediate preservation of the public	272
peace, health, and safety. The reason for such necessity is that	273
federal grant money is available to help pay the costs of	274
establishing and operating a community school described in this	275
act that is prepared to open in 2011. Therefore, this act shall go	276
into immediate effect.	277