As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 385

Senator Fedor 

Cosponsors: Senators Miller, D., Morano, Cafaro, Turner, Smith, Roberts 

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A BILL

To amend sections 3301.0718, 3313.60, 3313.6011,

1

3314.03, and 3326.11 of the Revised Code to

2

designate section 3313.6011 of the Revised Code as

3

the "Act for Our Children's Future," to establish

4

standards for comprehensive sexual health

5

education and HIV/AIDS prevention education in

6

public schools, and to eliminate the requirement

7

that state health education standards or

8

curricula are subject to approval by concurrent

9

resolution of the General Assembly.

10

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

Section 1. That sections 3301.0718, 3313.60, 3313.6011,	11
3314.03, and 3326.11 of the Revised Code be amended to read as	12
follows:	13

Sec. 3301.0718. (A) After completing the required standards	14
specified in section 3301.079 of the Revised Code, the state board	15
of education shall adopt standards and model curricula for	16
instruction in computer literacy for grades three through twelve	17
and in fine arts and foreign language for grades kindergarten	18
through twelve.	19

(B) Not later than December 31, 2007, the state board shall	20
adopt the most recent standards developed by the national	21
association for sport and physical education for physical	22
education in grades kindergarten through twelve or shall adopt its	23
own standards for physical education in those grades. The	24
department of education shall provide the standards, and any	25
revisions of the standards, to all school districts and community	26
schools established under Chapter 3314. of the Revised Code. Any	27
school district or community school may utilize the standards.	28

The department shall employ a full-time physical education	29
coordinator to provide guidance and technical assistance to	30
districts and community schools in implementing the standards	31
adopted under this division. The superintendent of public	32
instruction shall determine that the person employed as	33
coordinator is qualified for the position, as demonstrated by	34
possessing an adequate combination of education, license, and	35
experience. The department shall hire a coordinator not later than	36
October 31, 2007.	37

(C) The state board shall not adopt or revise any standards	38
or curriculum in the area of health unless, by concurrent	39
resolution, the standards, curriculum, or revisions are approved	40
by both houses of the general assembly. Before the house of	41
representatives or senate votes on a concurrent resolution	42
approving health standards, curriculum, or revisions, its	43
standing committee having jurisdiction over education legislation	44
shall conduct at least one public hearing on the standards,	45
curriculum, or revisions.	46

(D) The state board shall not adopt a diagnostic assessment	47
or achievement test for any grade level or subject area other	48
than those specified in section 3301.079 of the Revised Code.	49

Sec. 3313.60.  Notwithstanding division (D) of section	50
3311.52 of the Revised Code, divisions (A) to (E) of this section	51
do not apply to any cooperative education school district	52
established pursuant to divisions (A) to (C) of section 3311.52 of	53
the Revised Code.	54

(A) The board of education of each city and exempted village	55
school district, the governing board of each educational service	56
center, and the board of each cooperative education school	57
district established pursuant to section 3311.521 of the Revised	58
Code shall prescribe a curriculum for all schools under their	59
control. Except as provided in division (E) of this section, in	60
any such curriculum there shall be included the study of the	61
following subjects:	62

(1) The language arts, including reading, writing, spelling,	63
oral and written English, and literature;	64

(2) Geography, the history of the United States and of Ohio,	65
and national, state, and local government in the United States,	66
including a balanced presentation of the relevant contributions to	67
society of men and women of African, Mexican, Puerto Rican, and	68
American Indian descent as well as other ethnic and racial groups	69
in Ohio and the United States;	70

(3) Mathematics;

71

(4) Natural science, including instruction in the	72
conservation of natural resources;	73

(5) Health education, which shall include instruction in:

74

(a) The nutritive value of foods, including natural and	75
organically produced foods, the relation of nutrition to health,	76
the use and effects of food additives;	77

(b) The harmful effects of and legal restrictions against the	78
use of drugs of abuse, alcoholic beverages, and tobacco;	79

(c) Venereal diseaseSexually transmitted infection	80
prevention education, including HIV/AIDS prevention education in	81
accordance with section 3313.6011 of the Revised Code, except that	82
upon written request of the student's parent or guardian, a	83
student shall be excused from taking instruction in venereal	84
disease educationsexually transmitted infection prevention;	85

(d) In grades kindergarten through six, instruction in	86
personal safety and assault prevention, except that upon written	87
request of the student's parent or guardian, a student shall be	88
excused from taking instruction in personal safety and assault	89
prevention.	90

(6) Physical education;

91

(7) The fine arts, including music;

92

(8) First aid, including a training program in	93
cardiopulmonary resuscitation, safety, and fire prevention, except	94
that upon written request of the student's parent or guardian, a	95
student shall be excused from taking instruction in	96
cardiopulmonary resuscitation.	97

(B) Except as provided in division (E) of this section, every	98
school or school district shall include in the requirements for	99
promotion from the eighth grade to the ninth grade one year's	100
course of study of American history.	101

(C) Except as provided in division (E) of this section, every	102
high school shall include in the requirements for graduation from	103
any curriculum one unit of American history and government,	104
including a study of the constitutions of the United States and of	105
Ohio.	106

(D) Except as provided in division (E) of this section, basic	107
instruction in geography, United States history, the government of	108
the United States, the government of the state of Ohio, local	109
government in Ohio, the Declaration of Independence, the United	110
States Constitution, and the Constitution of the state of Ohio	111
shall be required before pupils may participate in courses	112
involving the study of social problems, economics, foreign	113
affairs, United Nations, world government, socialism and	114
communism.	115

(E) For each cooperative education school district	116
established pursuant to section 3311.521 of the Revised Code and	117
each city, exempted village, and local school district that has	118
territory within such a cooperative district, the curriculum	119
adopted pursuant to divisions (A) to (D) of this section shall	120
only include the study of the subjects that apply to the grades	121
operated by each such school district. The curriculums for such	122
schools, when combined, shall provide to each student of these	123
districts all of the subjects required under divisions (A) to (D)	124
of this section.	125

(F) The board of education of any cooperative education	126
school district established pursuant to divisions (A) to (C) of	127
section 3311.52 of the Revised Code shall prescribe a curriculum	128
for the subject areas and grade levels offered in any school under	129
its control.	130

(G) Upon the request of any parent or legal guardian of a	131
student, the board of education of any school district shall	132
permit the parent or guardian to promptly examine, with respect to	133
the parent's or guardian's own child:	134

(1) Any survey or questionnaire, prior to its administration	135
to the child;	136

(2) Any textbook, workbook, software, video, or other	137
instructional materials being used by the district in connection	138
with the instruction of the child;	139

(3) Any completed and graded test taken or survey or	140
questionnaire filled out by the child;	141

(4) Copies of the statewide academic standards and each model	142
curriculum developed pursuant to section 3301.079 of the Revised	143
Code, which copies shall be available at all times during school	144
hours in each district school building.	145

Sec. 3313.6011.  (A) As used in this section, "sexual	146
activity" has the same meaning as in section 2907.01 of the	147
Revised Code.	148

(B) Instruction in venereal disease education pursuant to	149
division (A)(5)(c) of section 3313.60 of the Revised Code shall	150
emphasize that abstinence from sexual activity is the only	151
protection that is one hundred per cent effective against unwanted	152
pregnancy, sexually transmitted disease, and the sexual	153
transmission of a virus that causes acquired immunodeficiency	154
syndrome.	155

(C) In adopting minimum standards under section 3301.07 of	156
the Revised Code, the state board of education shall require	157
course material and instruction in venereal disease education	158
courses taught pursuant to division (A)(5)(c) of section 3313.60	159
of the Revised Code to do all of the following:	160

(1) Stress that students should abstain from sexual activity	161
until after marriage;	162

(2) Teach the potential physical, psychological, emotional,	163
and social side effects of participating in sexual activity	164
outside of marriage;	165

(3) Teach that conceiving children out of wedlock is likely	166
to have harmful consequences for the child, the child's parents,	167
and society;	168

(4) Stress that sexually transmitted diseases are serious	169
possible hazards of sexual activity;	170

(5) Advise students of the laws pertaining to financial	171
responsibility of parents to children born in and out of wedlock;	172

(6) Advise students of the circumstances under which it is	173
criminal to have sexual contact with a person under the age of	174
sixteen pursuant to section 2907.04 of the Revised Code.	175

(D):

176

(1) "Age-appropriate" means designed to teach concepts,	177
information, and skills based on the social, cognitive, emotional,	178
and experience level of pupils.	179

(2) "Comprehensive sexual health education" means education	180
regarding human development and sexuality, including education on	181
sexual health, family planning, and sexually transmitted	182
infections.	183

(3) "HIV/AIDS prevention education" means instruction on the	184
nature of HIV/AIDS, methods of transmission, strategies to reduce	185
the risk of human immunodeficiency virus (HIV) infection, and	186
social and public health issues related to HIV/AIDS. "HIV/AIDS	187
prevention education" is not comprehensive sexual health	188
education.	189

(4) "Instructors trained in the appropriate courses" means	190
instructors with knowledge of the most recent medically and	191
scientifically accurate research on human sexuality, pregnancy,	192
and sexually transmitted infections.	193

(5) "Medically and scientifically accurate" means verified or	194
supported by research conducted in compliance with scientific	195
methods and published in peer-reviewed journals, where	196
appropriate, and recognized as accurate and objective by	197
professional organizations and agencies with expertise in the	198
relevant field, such as the United States centers for disease	199
control and prevention and the American college of obstetricians	200
and gynecologists.	201

(B) Any school district or educational service center may	202
offer comprehensive sexual health education. Beginning July 1,	203
2009, each school district and educational service center that	204
elects to offer comprehensive sexual health education shall ensure	205
that the program meets all of the following requirements:	206

(1) Instruction and materials shall be age-appropriate.

207

(2) All factual information shall be medically and	208
scientifically accurate.	209

(3) Instruction and materials shall be appropriate for use	210
with all pupils regardless of gender, race, ethnic and cultural	211
background, religion, disability, or sexual orientation.	212

(4) Instruction and materials shall encourage pupils to	213
communicate with their parents or guardians about human sexuality.	214

(5) If age-appropriate, instruction and materials shall teach	215
that abstinence is the only certain way to prevent unintended	216
pregnancy and sexually transmitted infections, and shall stress	217
the value of abstinence while not ignoring those young people who	218
have been or are sexually active. Therefore, abstinence shall not	219
be taught to the exclusion of other instruction and materials on	220
contraceptive and disease reduction measures.	221

(6) If age-appropriate, instruction and materials shall	222
provide information about the effectiveness and safety, including	223
the health benefits and side effects, of all contraceptive methods	224
in preventing unintended pregnancy and reducing the risk of	225
contracting sexually transmitted infections.	226

(7) Instruction about sexually transmitted infections shall	227
commence in grade seven. That instruction shall include how	228
sexually transmitted infections are and are not transmitted, the	229
effectiveness and methods of reducing the risk of contracting	230
sexually transmitted infections, and identification of local	231
resources for testing and medical care for sexually transmitted	232
infections and HIV.	233

(8) If age-appropriate, instruction and materials shall	234
provide pupils with skills for negotiating intimate relationships	235
and making and implementing responsible decisions about sexuality.	236

(9) If age-appropriate, instruction and materials shall	237
include a discussion of the possible emotional, physical, and	238
psychological consequences of pre-adolescent and adolescent sexual	239
activity and the emotional, physical, and psychological	240
consequences of unintended pregnancy.	241

(10) Instruction and materials shall teach pupils to	242
recognize unwanted physical and verbal sexual advances, not to	243
make unwanted physical and verbal sexual advances, and how to	244
effectively reject unwanted sexual advances. The instruction and	245
materials shall cover verbal, physical, and visual sexual	246
harassment, including nonconsensual physical sexual contact and	247
rape by an acquaintance or family member. The course information	248
and materials shall emphasize personal accountability and respect	249
for others and shall encourage youth to resist peer pressure.	250

(11) Comprehensive sexual health education shall not include	251
any instruction or materials that teach or promote religious	252
doctrine.	253

A school district or educational service center may use	254
separate, outside speakers or prepared curricula to teach	255
different content areas or units with the comprehensive sexual	256
health education program, as long as all speakers, curricula, and	257
materials used comply with this section.	258

(C) Each city, local, exempted village, and joint vocational	259
school district shall ensure that each pupil in grades seven	260
through twelve receives HIV/AIDS prevention education from	261
instructors trained in the appropriate courses. Each pupil shall	262
receive this instruction at least once in grades seven through	263
nine, and at least once in grades ten through twelve. HIV/AIDS	264
prevention education, whether taught by school district personnel	265
or outside consultants, shall accurately reflect the latest	266
information and recommendations from the United States surgeon	267
general, the United States centers for disease control and	268
prevention, and the national academy of sciences, and shall	269
include all of the following:	270

(1) Information on the nature of HIV/AIDS and its effects on	271
the human body;	272

(2) Information on the manner in which HIV is and is not	273
transmitted, including information on activities that present the	274
highest risk of HIV infection;	275

(3) Discussion of methods to reduce the risk of HIV	276
infection, which shall emphasize that sexual abstinence, monogamy,	277
and the avoidance of multiple sexual partners, and abstinence from	278
intravenous drug use, are the most effective means for HIV/AIDS	279
prevention, but shall also include statistics based upon the	280
latest medical information citing the success and failure rates of	281
condoms and other contraceptives in preventing sexually	282
transmitted HIV infection, as well as information on other methods	283
that may reduce the risk of HIV transmission from intravenous drug	284
use;	285

(4) Discussion of the public health issues associated with	286
HIV/AIDS;	287

(5) Information on local resources for HIV testing and	288
medical care;	289

(6) Instruction and materials that provide pupils with skills	290
for negotiating intimate relationships and making and implementing	291
responsible decisions about sexuality;	292

(7) Discussion about societal views on HIV/AIDS, including	293
stereotypes and myths regarding persons with HIV/AIDS, which shall	294
emphasize an understanding of the disease and its impact on	295
people's lives;	296

(8) Instruction and materials that teach pupils to recognize	297
unwanted physical and verbal sexual advances, not to make unwanted	298
physical and verbal sexual advances, and how to effectively reject	299
unwanted sexual advances. The instruction and materials shall	300
cover verbal, physical, and visual sexual harassment, including	301
nonconsensual physical sexual contact and rape by an acquaintance	302
or family member. The course information and materials shall	303
emphasize personal accountability and respect for others and shall	304
encourage youth to resist peer pressure.	305

(D) Each school district and educational service center shall	306
cooperatively plan and provide, through regional planning, joint	307
powers agreements, or contract services, in-service training for	308
all school district personnel who provide comprehensive sexual	309
health education or HIV/AIDS prevention education. In doing so,	310
each district and service center shall consult with the department	311
of education.	312

The in-service training shall be conducted periodically to	313
enable district and service center personnel to learn new	314
developments in the scientific understanding of sexual health and	315
HIV/AIDS. The in-service training shall be voluntary for district	316
and service center personnel who have demonstrated expertise or	317
received in-service training from the department or the United	318
States centers for disease control and prevention.	319

A district or service center may contract with outside	320
consultants with expertise in comprehensive sexual health	321
education and HIV/AIDS prevention education, including those who	322
have developed multilingual curricula or curricula accessible to	323
persons with disabilities, to deliver the in-service training to	324
district or service center personnel.	325

(E) At the beginning of each school year, or at the time of	326
enrollment in the case of a pupil who enrolls after the beginning	327
of the school year, each school district shall notify the parent	328
or guardian of each pupil about instruction in comprehensive	329
sexual health education and HIV/AIDS prevention education and	330
about research on pupil health behaviors and health risks planned	331
for that year. The notice shall advise parents and guardians of	332
all of the following:	333

(1) That written and audio-visual educational materials used	334
in comprehensive sexual health education and HIV/AIDS prevention	335
education are available for inspection;	336

(2) Whether comprehensive sexual health education or HIV/AIDS	337
prevention education will be taught by school district personnel	338
or by outside consultants;	339

(3) That a parent or guardian may request a copy of this	340
section;	341

(4) That a parent or guardian may request in writing that the	342
child not receive comprehensive sexual health education or	343
HIV/AIDS prevention education.	344

A school district or educational service center shall not	345
permit a pupil to attend any class in comprehensive sexual health	346
education or HIV/AIDS prevention education if the school has	347
received a written request from the pupil's parent or guardian	348
excusing the pupil from participation. A pupil who is so excused	349
shall not be subject to disciplinary action, academic penalty, or	350
other sanction, and the district or service center shall make an	351
alternative educational activity available for the pupil while	352
comprehensive sexual health education or HIV/AIDS prevention	353
education is conducted.	354

Each school district and educational service center shall	355
make written and audio-visual educational materials used in	356
comprehensive sexual health education and HIV/AIDS prevention	357
education available for inspection by the parents and guardians of	358
pupils. Each school district shall provide a copy of this section	359
upon request to the parent or guardian of a pupil enrolled in the	360
district.	361

(F) Any model education program for health education the	362
state board of education adopts shall conform to the requirements	363
of this section.	364

(E) On and after March 18, 1999, and notwithstanding(G)	365
Notwithstanding section 3302.07 of the Revised Code, the	366
superintendent of public instruction shall not approve, pursuant	367
to that section 3302.07 of the Revised Code, any waiver of any	368
requirement of this section or of any rule adopted by the state	369
board of education pursuant to this section.	370

Sec. 3314.03.  A copy of every contract entered into under	371
this section shall be filed with the superintendent of public	372
instruction.	373

(A) Each contract entered into between a sponsor and the	374
governing authority of a community school shall specify the	375
following:	376

(1) That the school shall be established as either of the	377
following:	378

(a) A nonprofit corporation established under Chapter 1702.	379
of the Revised Code, if established prior to April 8, 2003;	380

(b) A public benefit corporation established under Chapter	381
1702. of the Revised Code, if established after April 8, 2003;	382

(2) The education program of the school, including the	383
school's mission, the characteristics of the students the school	384
is expected to attract, the ages and grades of students, and the	385
focus of the curriculum;	386

(3) The academic goals to be achieved and the method of	387
measurement that will be used to determine progress toward those	388
goals, which shall include the statewide achievement tests;	389

(4) Performance standards by which the success of the school	390
will be evaluated by the sponsor;	391

(5) The admission standards of section 3314.06 of the Revised	392
Code and, if applicable, section 3314.061 of the Revised Code;	393

(6)(a) Dismissal procedures;

394

(b) A requirement that the governing authority adopt an	395
attendance policy that includes a procedure for automatically	396
withdrawing a student from the school if the student without a	397
legitimate excuse fails to participate in one hundred five	398
consecutive hours of the learning opportunities offered to the	399
student.	400

(7) The ways by which the school will achieve racial and	401
ethnic balance reflective of the community it serves;	402

(8) Requirements for financial audits by the auditor of	403
state. The contract shall require financial records of the school	404
to be maintained in the same manner as are financial records of	405
school districts, pursuant to rules of the auditor of state, and	406
the audits shall be conducted in accordance with section 117.10 of	407
the Revised Code.	408

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

409

(10) Qualifications of teachers, including a requirement that	410
the school's classroom teachers be licensed in accordance with	411
sections 3319.22 to 3319.31 of the Revised Code, except that a	412
community school may engage noncertificated persons to teach up to	413
twelve hours per week pursuant to section 3319.301 of the Revised	414
Code;	415

(11) That the school will comply with the following	416
requirements:	417

(a) The school will provide learning opportunities to a	418
minimum of twenty-five students for a minimum of nine hundred	419
twenty hours per school year.	420

(b) The governing authority will purchase liability	421
insurance, or otherwise provide for the potential liability of the	422
school.	423

(c) The school will be nonsectarian in its programs,	424
admission policies, employment practices, and all other	425
operations, and will not be operated by a sectarian school or	426
religious institution.	427

(d) The school will comply with sections 9.90, 9.91, 109.65,	428
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	429
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	430
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648,	431
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	432
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	433
3313.718, 3313.80, 3313.96, 3319.073, 3319.321, 3319.39,	434
3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	435
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	436
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	437
of the Revised Code as if it were a school district and will	438
comply with section 3301.0714 of the Revised Code in the manner	439
specified in section 3314.17 of the Revised Code.	440

(e) The school shall comply with Chapter 102. and section	441
2921.42 of the Revised Code.	442

(f) The school will comply with sections 3313.61, 3313.611,	443
and 3313.614 of the Revised Code, except that for students who	444
enter ninth grade for the first time before July 1, 2010, the	445
requirement in sections 3313.61 and 3313.611 of the Revised Code	446
that a person must successfully complete the curriculum in any	447
high school prior to receiving a high school diploma may be met by	448
completing the curriculum adopted by the governing authority of	449
the community school rather than the curriculum specified in Title	450
XXXIII of the Revised Code or any rules of the state board of	451
education. Beginning with students who enter ninth grade for the	452
first time on or after July 1, 2010, the requirement in sections	453
3313.61 and 3313.611 of the Revised Code that a person must	454
successfully complete the curriculum of a high school prior to	455
receiving a high school diploma shall be met by completing the	456
Ohio core curriculum prescribed in division (C) of section	457
3313.603 of the Revised Code, unless the person qualifies under	458
division (D) or (F) of that section. Each school shall comply with	459
the plan for awarding high school credit based on demonstration of	460
subject area competency, adopted by the state board of education	461
under division (J) of section 3313.603 of the Revised Code.	462

(g) The school governing authority will submit within four	463
months after the end of each school year a report of its	464
activities and progress in meeting the goals and standards of	465
divisions (A)(3) and (4) of this section and its financial status	466
to the sponsor and the parents of all students enrolled in the	467
school.	468

(h) The school, unless it is an internet- or computer-based	469
community school, will comply with section 3313.801 of the Revised	470
Code as if it were a school district.	471

(12) Arrangements for providing health and other benefits to	472
employees;	473

(13) The length of the contract, which shall begin at the	474
beginning of an academic year. No contract shall exceed five years	475
unless such contract has been renewed pursuant to division (E) of	476
this section.	477

(14) The governing authority of the school, which shall be	478
responsible for carrying out the provisions of the contract;	479

(15) A financial plan detailing an estimated school budget	480
for each year of the period of the contract and specifying the	481
total estimated per pupil expenditure amount for each such year.	482
The plan shall specify for each year the base formula amount that	483
will be used for purposes of funding calculations under section	484
3314.08 of the Revised Code. This base formula amount for any year	485
shall not exceed the formula amount defined under section 3317.02	486
of the Revised Code. The plan may also specify for any year a	487
percentage figure to be used for reducing the per pupil amount of	488
the subsidy calculated pursuant to section 3317.029 of the Revised	489
Code the school is to receive that year under section 3314.08 of	490
the Revised Code.	491

(16) Requirements and procedures regarding the disposition of	492
employees of the school in the event the contract is terminated or	493
not renewed pursuant to section 3314.07 of the Revised Code;	494

(17) Whether the school is to be created by converting all or	495
part of an existing public school or educational service center	496
building or is to be a new start-up school, and if it is a	497
converted public school or service center building, specification	498
of any duties or responsibilities of an employer that the board of	499
education or service center governing board that operated the	500
school or building before conversion is delegating to the	501
governing authority of the community school with respect to all	502
or any specified group of employees provided the delegation is	503
not prohibited by a collective bargaining agreement applicable to	504
such employees;	505

(18) Provisions establishing procedures for resolving	506
disputes or differences of opinion between the sponsor and the	507
governing authority of the community school;	508

(19) A provision requiring the governing authority to adopt a	509
policy regarding the admission of students who reside outside the	510
district in which the school is located. That policy shall comply	511
with the admissions procedures specified in sections 3314.06 and	512
3314.061 of the Revised Code and, at the sole discretion of the	513
authority, shall do one of the following:	514

(a) Prohibit the enrollment of students who reside outside	515
the district in which the school is located;	516

(b) Permit the enrollment of students who reside in districts	517
adjacent to the district in which the school is located;	518

(c) Permit the enrollment of students who reside in any other	519
district in the state.	520

(20) A provision recognizing the authority of the department	521
of education to take over the sponsorship of the school in	522
accordance with the provisions of division (C) of section 3314.015	523
of the Revised Code;	524

(21) A provision recognizing the sponsor's authority to	525
assume the operation of a school under the conditions specified in	526
division (B) of section 3314.073 of the Revised Code;	527

(22) A provision recognizing both of the following:

528

(a) The authority of public health and safety officials to	529
inspect the facilities of the school and to order the facilities	530
closed if those officials find that the facilities are not in	531
compliance with health and safety laws and regulations;	532

(b) The authority of the department of education as the	533
community school oversight body to suspend the operation of the	534
school under section 3314.072 of the Revised Code if the	535
department has evidence of conditions or violations of law at the	536
school that pose an imminent danger to the health and safety of	537
the school's students and employees and the sponsor refuses to	538
take such action;	539

(23) A description of the learning opportunities that will be	540
offered to students including both classroom-based and	541
non-classroom-based learning opportunities that is in compliance	542
with criteria for student participation established by the	543
department under division (L)(2) of section 3314.08 of the Revised	544
Code;	545

(24) The school will comply with section 3302.04 of the	546
Revised Code, including division (E) of that section to the extent	547
possible, except that any action required to be taken by a school	548
district pursuant to that section shall be taken by the sponsor of	549
the school. However, the sponsor shall not be required to take any	550
action described in division (F) of that section.	551

(25) Beginning in the 2006-2007 school year, the school will	552
open for operation not later than the thirtieth day of September	553
each school year, unless the mission of the school as specified	554
under division (A)(2) of this section is solely to serve dropouts.	555
In its initial year of operation, if the school fails to open by	556
the thirtieth day of September, or within one year after the	557
adoption of the contract pursuant to division (D) of section	558
3314.02 of the Revised Code if the mission of the school is solely	559
to serve dropouts, the contract shall be void.	560

(B) The community school shall also submit to the sponsor a	561
comprehensive plan for the school. The plan shall specify the	562
following:	563

(1) The process by which the governing authority of the	564
school will be selected in the future;	565

(2) The management and administration of the school;

566

(3) If the community school is a currently existing public	567
school or educational service center building, alternative	568
arrangements for current public school students who choose not to	569
attend the converted school and for teachers who choose not to	570
teach in the school or building after conversion;	571

(4) The instructional program and educational philosophy of	572
the school;	573

(5) Internal financial controls.

574

(C) A contract entered into under section 3314.02 of the	575
Revised Code between a sponsor and the governing authority of a	576
community school may provide for the community school governing	577
authority to make payments to the sponsor, which is hereby	578
authorized to receive such payments as set forth in the contract	579
between the governing authority and the sponsor. The total amount	580
of such payments for oversight and monitoring of the school shall	581
not exceed three per cent of the total amount of payments for	582
operating expenses that the school receives from the state.	583

(D) The contract shall specify the duties of the sponsor	584
which shall be in accordance with the written agreement entered	585
into with the department of education under division (B) of	586
section 3314.015 of the Revised Code and shall include the	587
following:	588

(1) Monitor the community school's compliance with all laws	589
applicable to the school and with the terms of the contract;	590

(2) Monitor and evaluate the academic and fiscal performance	591
and the organization and operation of the community school on at	592
least an annual basis;	593

(3) Report on an annual basis the results of the evaluation	594
conducted under division (D)(2) of this section to the department	595
of education and to the parents of students enrolled in the	596
community school;	597

(4) Provide technical assistance to the community school in	598
complying with laws applicable to the school and terms of the	599
contract;	600

(5) Take steps to intervene in the school's operation to	601
correct problems in the school's overall performance, declare the	602
school to be on probationary status pursuant to section 3314.073	603
of the Revised Code, suspend the operation of the school pursuant	604
to section 3314.072 of the Revised Code, or terminate the contract	605
of the school pursuant to section 3314.07 of the Revised Code as	606
determined necessary by the sponsor;	607

(6) Have in place a plan of action to be undertaken in the	608
event the community school experiences financial difficulties or	609
closes prior to the end of a school year.	610

(E) Upon the expiration of a contract entered into under this	611
section, the sponsor of a community school may, with the approval	612
of the governing authority of the school, renew that contract for	613
a period of time determined by the sponsor, but not ending earlier	614
than the end of any school year, if the sponsor finds that the	615
school's compliance with applicable laws and terms of the contract	616
and the school's progress in meeting the academic goals prescribed	617
in the contract have been satisfactory. Any contract that is	618
renewed under this division remains subject to the provisions of	619
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	620

(F) If a community school fails to open for operation within	621
one year after the contract entered into under this section is	622
adopted pursuant to division (D) of section 3314.02 of the Revised	623
Code or permanently closes prior to the expiration of the	624
contract, the contract shall be void and the school shall not	625
enter into a contract with any other sponsor. A school shall not	626
be considered permanently closed because the operations of the	627
school have been suspended pursuant to section 3314.072 of the	628
Revised Code. Any contract that becomes void under this division	629
shall not count toward any statewide limit on the number of such	630
contracts prescribed by section 3314.013 of the Revised Code.	631

Sec. 3326.11. Each science, technology, engineering, and	632
mathematics school established under this chapter and its	633
governing body shall comply with sections 9.90, 9.91, 109.65,	634
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	635
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	636
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	637
3313.50, 3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013,	638
3313.6014, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	639
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	640
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	641
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.32,	642
3319.321, 3319.35, 3319.39, 3319.391, 3319.45, 3321.01, 3321.13,	643
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	644
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	645
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	646
the Revised Code as if it were a school district.	647

Section 2. That existing sections 3301.0718, 3313.60,	648
3313.6011, 3314.03, and 3326.11 of the Revised Code are hereby	649
repealed.	650

Section 3. (A) Section 3313.6011 of the Revised Code is to be	651
known as the "Act for Our Children's Future."	652

(B) The purposes of the Act for Our Children's Future are to:

653

(1) Provide pupils with knowledge and skills necessary to	654
protect their sexual and reproductive health from unintended	655
pregnancy and sexually transmitted infections;	656

(2) Encourage pupils to develop responsible decision-making	657
skills as well as healthy attitudes and values about adolescent	658
growth and development, body image, gender roles, sexual	659
orientation, and healthy relationships.	660

Section 4.  Section 3314.03 of the Revised Code is presented	661
in this act as a composite of the section as amended by both Sub.	662
H.B. 428 and Am. Sub. H.B. 562 of the 127th General Assembly. The	663
General Assembly, applying the principle stated in division (B)	664
of section 1.52 of the Revised Code that amendments are to be	665
harmonized if reasonably capable of simultaneous operation, finds	666
that the composite is the resulting version of the section in	667
effect prior to the effective date of the section as presented in	668
this act.	669