As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 59

Senator Fedor 

Cosponsors: Senators Sawyer, Miller, R. 

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A BILL

To amend sections 3301.0718, 3313.60, 3313.6011,

1

3313.814, 3314.03, and 3326.11 and to enact

2

section 3301.23 of the Revised Code as the

3

"Healthy Students Act" to establish standards

4

for K-12 health education in public schools

5

and to create the Office of Healthy Schools

6

within the Department of Education.

7

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

Section 1. That sections 3301.0718, 3313.60, 3313.6011,	8
3313.814, 3314.03, and 3326.11 be amended and section 3301.23 of	9
the Revised Code be enacted to read as follows:	10

Sec. 3301.0718. (A) After completing the required standards	11
specified in section 3301.079 of the Revised Code, the state board	12
of education shall adopt standards and model curricula for	13
instruction in computer literacy for grades three through twelve	14
and in fine arts and foreign language for grades kindergarten	15
through twelve.	16

(B) Not later than December 31, 2007, the state board shall	17
adopt the most recent standards developed by the national	18
association for sport and physical education for physical	19
education in grades kindergarten through twelve or shall adopt its	20
own standards for physical education in those grades. The	21
department of education, through the office of healthy schools	22
created in section 3301.23 of the Revised Code, shall provide the	23
standards, and any revisions of the standards, to all school	24
districts and community schools established under Chapter 3314.	25
of the Revised Code. Any school district or community school may	26
utilize the standards.	27

(C) Subject to division (E) of this section, not later than	28
December 31, 2009, the state board shall develop and adopt	29
standards closely modeled after the national health education	30
standards (NHES) developed by the joint committee on national	31
health standards for health education for grades kindergarten	32
through twelve. The department, through the office of healthy	33
schools, shall provide the standards, and any revisions of the	34
standards, to all school districts, community schools, and STEM	35
schools. Any school district, community school, or STEM school	36
may utilize the standards.	37

(D) The department, through the office of healthy schools,	38
shall employ a full-time physical education coordinator to	39
provide guidance and technical assistance to districts and	40
community schools in implementing the standards adopted under	41
this divisiondivisions (B) and (C) of this section. The	42
superintendent of public instruction shall determine that the	43
person employed as coordinator is qualified for the position, as	44
demonstrated by possessing an adequate combination of education,	45
license, and experience. The department shall hire a coordinator	46
not later than October 31, 2007.	47

(C)(E) The state board shall not adopt or revise any	48
standards or curriculum in the area of health unless, by	49
concurrent resolution, the standards, curriculum, or revisions	50
are approved by both houses of the general assembly. Before the	51
house of representatives or senate votes on a concurrent	52
resolution approving health standards, curriculum, or revisions,	53
its standing committee having jurisdiction over education	54
legislation shall conduct at least one public hearing on the	55
standards, curriculum, or revisions.	56

(D)(F) The state board shall not adopt a diagnostic	57
assessment or achievement test for any grade level or subject area	58
other than those specified in section 3301.079 of the Revised	59
Code.	60

Sec. 3301.23. The office of healthy schools is hereby created	61
within the department of education. The office shall coordinate	62
school health services for school districts and assist them in	63
developing connections between good student health and high	64
academic achievement.	65

The office shall administer health and safety-related	66
services and programs in all of the following areas:	67

(A) Healthy school environment for students and staff at	68
school, on school grounds, en route to and from school, and at	69
school-sponsored activities. Services and programs shall address,	70
but are not limited to, the following:	71

(1) Buildings and grounds;

72

(2) School safety;

73

(3) Crisis management;

74

(4) Pupil transportation.

75

(B) Nutrition services, including developing nutrition and	76
health standards for school districts;	77

(C) Services of school health care professionals, including	78
assisting school nurses, physicians, dentists, and other school	79
health care professionals;	80

(D) School counseling, psychological, and social services,	81
including assisting school counselors and school psychologists;	82

(E) Family and community services;

83

(F) Staff health promotion services;

84

(G) Physical education and activity, including the duties of	85
the physical education coordinator employed, and dissemination of	86
the physical education standards adopted, under section 3301.0718	87
of the Revised Code;	88

(H) Health education, including the duties of the physical	89
education coordinator employed, and dissemination of the health	90
education standards adopted, under section 3301.0718 of the	91
Revised Code.	92

Sec. 3313.60.  Notwithstanding division (D) of section	93
3311.52 of the Revised Code, divisions (A) to (E) of this section	94
do not apply to any cooperative education school district	95
established pursuant to divisions (A) to (C) of section 3311.52 of	96
the Revised Code.	97

(A) The board of education of each city and exempted village	98
school district, the governing board of each educational service	99
center, and the board of each cooperative education school	100
district established pursuant to section 3311.521 of the Revised	101
Code shall prescribe a curriculum for all schools under their	102
control. Except as provided in division (E) of this section, in	103
any such curriculum there shall be included the study of the	104
following subjects:	105

(1) The language arts, including reading, writing, spelling,	106
oral and written English, and literature;	107

(2) Geography, the history of the United States and of Ohio,	108
and national, state, and local government in the United States,	109
including a balanced presentation of the relevant contributions to	110
society of men and women of African, Mexican, Puerto Rican, and	111
American Indian descent as well as other ethnic and racial groups	112
in Ohio and the United States;	113

(3) Mathematics;

114

(4) Natural science, including instruction in the	115
conservation of natural resources;	116

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

117

(a) The nutritive value of foods, including natural and	118
organically produced foods, the relation of nutrition to health,	119
the use and effects of food additives;	120

(b) The harmful effects of and legal restrictions against the	121
use of drugs of abuse, alcoholic beverages, and tobacco;	122

(c) Venereal diseaseSexually transmitted infection	123
prevention education, except that upon written request of the	124
student's parent or guardian, a student shall be excused from	125
taking instruction in venereal disease educationsexually	126
transmitted infection prevention;	127

(d) In grades kindergarten through six, instruction in	128
personal safety and assault prevention, except that upon written	129
request of the student's parent or guardian, a student shall be	130
excused from taking instruction in personal safety and assault	131
prevention.	132

(6) Physical education;

133

(7) The fine arts, including music;

134

(8) First aid, including a training program in	135
cardiopulmonary resuscitation, safety, and fire prevention, except	136
that upon written request of the student's parent or guardian, a	137
student shall be excused from taking instruction in	138
cardiopulmonary resuscitation.	139

(B) Except as provided in division (E) of this section, every	140
school or school district shall include in the requirements for	141
promotion from the eighth grade to the ninth grade one year's	142
course of study of American history.	143

(C) Except as provided in division (E) of this section, every	144
high school shall include in the requirements for graduation from	145
any curriculum one unit of American history and government,	146
including a study of the constitutions of the United States and of	147
Ohio.	148

(D) Except as provided in division (E) of this section, basic	149
instruction in geography, United States history, the government of	150
the United States, the government of the state of Ohio, local	151
government in Ohio, the Declaration of Independence, the United	152
States Constitution, and the Constitution of the state of Ohio	153
shall be required before pupils may participate in courses	154
involving the study of social problems, economics, foreign	155
affairs, United Nations, world government, socialism and	156
communism.	157

(E) For each cooperative education school district	158
established pursuant to section 3311.521 of the Revised Code and	159
each city, exempted village, and local school district that has	160
territory within such a cooperative district, the curriculum	161
adopted pursuant to divisions (A) to (D) of this section shall	162
only include the study of the subjects that apply to the grades	163
operated by each such school district. The curriculums for such	164
schools, when combined, shall provide to each student of these	165
districts all of the subjects required under divisions (A) to (D)	166
of this section.	167

(F) The board of education of any cooperative education	168
school district established pursuant to divisions (A) to (C) of	169
section 3311.52 of the Revised Code shall prescribe a curriculum	170
for the subject areas and grade levels offered in any school under	171
its control.	172

(G) Upon the request of any parent or legal guardian of a	173
student, the board of education of any school district shall	174
permit the parent or guardian to promptly examine, with respect to	175
the parent's or guardian's own child:	176

(1) Any survey or questionnaire, prior to its administration	177
to the child;	178

(2) Any textbook, workbook, software, video, or other	179
instructional materials being used by the district in connection	180
with the instruction of the child;	181

(3) Any completed and graded test taken or survey or	182
questionnaire filled out by the child;	183

(4) Copies of the statewide academic standards and each model	184
curriculum developed pursuant to section 3301.079 of the Revised	185
Code, which copies shall be available at all times during school	186
hours in each district school building.	187

Sec. 3313.6011.  (A) As used in this section, "sexual	188
activity" has the same meaning as in section 2907.01 of the	189
Revised Code.	190

(B) Instruction in venereal disease education pursuant to	191
division (A)(5)(c) of section 3313.60 of the Revised Code shall	192
emphasize that abstinence from sexual activity is the only	193
protection that is one hundred per cent effective against unwanted	194
pregnancy, sexually transmitted disease, and the sexual	195
transmission of a virus that causes acquired immunodeficiency	196
syndrome.	197

(C) In adopting minimum standards under section 3301.07 of	198
the Revised Code, the state board of education shall require	199
course material and instruction in venereal disease education	200
courses taught pursuant to division (A)(5)(c) of section 3313.60	201
of the Revised Code to do all of the following:	202

(1) Stress that students should abstain from sexual activity	203
until after marriage;	204

(2) Teach the potential physical, psychological, emotional,	205
and social side effects of participating in sexual activity	206
outside of marriage;	207

(3) Teach that conceiving children out of wedlock is likely	208
to have harmful consequences for the child, the child's parents,	209
and society;	210

(4) Stress that sexually transmitted diseases are serious	211
possible hazards of sexual activity;	212

(5) Advise students of the laws pertaining to financial	213
responsibility of parents to children born in and out of wedlock;	214

(6) Advise students of the circumstances under which it is	215
criminal to have sexual contact with a person under the age of	216
sixteen pursuant to section 2907.04 of the Revised Code;	217

(7) Emphasize adoption as an option for unintended	218
pregnancies.	219

(D):

220

(1) "Age-appropriate" means designed to teach concepts,	221
information, and skills based on the social, cognitive, emotional,	222
and experience level of pupils.	223

(2) "Comprehensive sexual health education" means education	224
regarding human development and sexuality, including education on	225
sexual health, family planning, and sexually transmitted	226
infections.	227

(3) "Instructors trained in the appropriate courses" means	228
instructors with knowledge of the most recent medically and	229
scientifically accurate research on human sexuality, pregnancy,	230
and sexually transmitted infections.	231

(4) "Medically and scientifically accurate" means verified or	232
supported by research conducted in compliance with scientific	233
methods and published in peer-reviewed journals, where	234
appropriate, and recognized as accurate and objective by	235
professional organizations and agencies with expertise in the	236
relevant field, such as the United States centers for disease	237
control and prevention and the American college of obstetricians	238
and gynecologists.	239

(B) Any school district or educational service center may	240
offer comprehensive sexual health education. Beginning July 1,	241
2009, each school district and educational service center that	242
elects to offer comprehensive sexual health education shall ensure	243
that the program meets all of the following requirements:	244

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

245

(2) All factual information shall be medically and	246
scientifically accurate.	247

(3) Instruction and materials shall be appropriate for use	248
with all pupils regardless of gender, race, ethnic and cultural	249
background, religion, disability, or sexual orientation.	250

(4) Instruction and materials shall encourage pupils to	251
communicate with their parents or guardians about human sexuality.	252

(5) If age-appropriate, instruction and materials shall teach	253
that abstinence is the only certain way to prevent unintended	254
pregnancy and sexually transmitted infections, and shall stress	255
the value of abstinence while not ignoring those young people who	256
have been or are sexually active. Therefore, abstinence shall not	257
be taught to the exclusion of other instruction and materials on	258
contraceptive and disease reduction measures.	259

(6) If age-appropriate, instruction and materials shall	260
provide information about the effectiveness and safety, including	261
the health benefits and side effects, of all contraceptive methods	262
in preventing unintended pregnancy and reducing the risk of	263
contracting sexually transmitted infections.	264

(7) Instruction about sexually transmitted infections shall	265
commence in grade seven. That instruction shall include how	266
sexually transmitted infections are and are not transmitted, the	267
effectiveness and methods of reducing the risk of contracting	268
sexually transmitted infections, and identification of local	269
resources for testing and medical care for sexually transmitted	270
infections.	271

(8) If age-appropriate, instruction and materials shall	272
provide pupils with skills for negotiating intimate relationships	273
and making and implementing responsible decisions about sexuality.	274

(9) If age-appropriate, instruction and materials shall	275
include a discussion of the possible emotional, physical, and	276
psychological consequences of pre-adolescent and adolescent sexual	277
activity and the emotional, physical, and psychological	278
consequences of unintended pregnancy.	279

(10) Instruction and materials shall teach pupils to	280
recognize unwanted physical and verbal sexual advances, not to	281
make unwanted physical and verbal sexual advances, and how to	282
effectively reject unwanted sexual advances. The instruction and	283
materials shall cover verbal, physical, and visual sexual	284
harassment, including nonconsensual physical sexual contact and	285
rape by an acquaintance or family member. The course information	286
and materials shall emphasize personal accountability and respect	287
for others and shall encourage youth to resist peer pressure.	288

(11) Comprehensive sexual health education shall not include	289
any instruction or materials that teach or promote religious	290
doctrine.	291

A school district or educational service center may use	292
separate, outside speakers or prepared curricula to teach	293
different content areas or units with the comprehensive sexual	294
health education program, as long as all speakers, curricula, and	295
materials used comply with this section.	296

(C) Each school district and educational service center shall	297
cooperatively plan and provide, through regional planning, joint	298
powers agreements, or contract services, in-service training for	299
all school district personnel who provide comprehensive sexual	300
health education. In doing so, each district and service center	301
shall consult with the department of education.	302

The in-service training shall be conducted periodically to	303
enable district and service center personnel to learn new	304
developments in the scientific understanding of sexual health. The	305
in-service training shall be voluntary for district and service	306
center personnel who have demonstrated expertise or received	307
in-service training from the department or the United States	308
centers for disease control and prevention.	309

A district or service center may contract with outside	310
consultants with expertise in comprehensive sexual health	311
education, including those who have developed multilingual	312
curricula or curricula accessible to persons with disabilities,	313
to deliver the in-service training to district or service center	314
personnel.	315

(D) At the beginning of each school year, or at the time of	316
enrollment in the case of a pupil who enrolls after the beginning	317
of the school year, each school district shall notify the parent	318
or guardian of each pupil about instruction in comprehensive	319
sexual health education and about research on pupil health	320
behaviors and health risks planned for that year. The notice	321
shall advise parents and guardians of all of the following:	322

(1) That written and audio-visual educational materials used	323
in comprehensive sexual health education are available for	324
inspection;	325

(2) Whether comprehensive sexual health education will be	326
taught by school district personnel or by outside consultants;	327

(3) That a parent or guardian may request a copy of this	328
section;	329

(4) That a parent or guardian may request in writing that the	330
child not receive comprehensive sexual health education.	331

A school district or educational service center shall not	332
permit a pupil to attend any class in comprehensive sexual health	333
education if the school has received a written request from the	334
pupil's parent or guardian excusing the pupil from participation.	335
A pupil who is so excused shall not be subject to disciplinary	336
action, academic penalty, or other sanction, and the district or	337
service center shall make an alternative educational activity	338
available for the pupil while comprehensive sexual health	339
education is conducted.	340

Each school district and educational service center shall	341
make written and audio-visual educational materials used in	342
comprehensive sexual health education available for inspection by	343
the parents and guardians of pupils. Each school district shall	344
provide a copy of this section upon request to the parent or	345
guardian of a pupil enrolled in the district.	346

(E) Any model education program for health education the	347
state board of education adopts shall conform to the requirements	348
of this section.	349

(E) On and after March 18, 1999, and notwithstanding(F)	350
Notwithstanding section 3302.07 of the Revised Code, the	351
superintendent of public instruction shall not approve, pursuant	352
to that section 3302.07 of the Revised Code, any waiver of any	353
requirement of this section or of any rule adopted by the state	354
board of education pursuant to this section.	355

Sec. 3313.814.  Each board of education shall adopt and	356
enforce standards governing the types of food that may be sold on	357
the premises of its schools, and specifying the time and place	358
each type of food may be sold. In adopting the standards, the	359
board shall consider each food's nutritional value. No food may be	360
sold on any school premises except in accordance with the	361
standards adopted by the board of education.	362

The state boardoffice of healthy schools of the department	363
of education shall formulate and adopt guidelines, which boards of	364
education mayshall follow in enforcing and implementing this	365
section.	366

Sec. 3314.03.  A copy of every contract entered into under	367
this section shall be filed with the superintendent of public	368
instruction.	369

(A) Each contract entered into between a sponsor and the	370
governing authority of a community school shall specify the	371
following:	372

(1) That the school shall be established as either of the	373
following:	374

(a) A nonprofit corporation established under Chapter 1702.	375
of the Revised Code, if established prior to April 8, 2003;	376

(b) A public benefit corporation established under Chapter	377
1702. of the Revised Code, if established after April 8, 2003;	378

(2) The education program of the school, including the	379
school's mission, the characteristics of the students the school	380
is expected to attract, the ages and grades of students, and the	381
focus of the curriculum;	382

(3) The academic goals to be achieved and the method of	383
measurement that will be used to determine progress toward those	384
goals, which shall include the statewide achievement tests;	385

(4) Performance standards by which the success of the school	386
will be evaluated by the sponsor;	387

(5) The admission standards of section 3314.06 of the Revised	388
Code and, if applicable, section 3314.061 of the Revised Code;	389

(6)(a) Dismissal procedures;

390

(b) A requirement that the governing authority adopt an	391
attendance policy that includes a procedure for automatically	392
withdrawing a student from the school if the student without a	393
legitimate excuse fails to participate in one hundred five	394
consecutive hours of the learning opportunities offered to the	395
student.	396

(7) The ways by which the school will achieve racial and	397
ethnic balance reflective of the community it serves;	398

(8) Requirements for financial audits by the auditor of	399
state. The contract shall require financial records of the school	400
to be maintained in the same manner as are financial records of	401
school districts, pursuant to rules of the auditor of state, and	402
the audits shall be conducted in accordance with section 117.10 of	403
the Revised Code.	404

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

405

(10) Qualifications of teachers, including a requirement that	406
the school's classroom teachers be licensed in accordance with	407
sections 3319.22 to 3319.31 of the Revised Code, except that a	408
community school may engage noncertificated persons to teach up to	409
twelve hours per week pursuant to section 3319.301 of the Revised	410
Code;	411

(11) That the school will comply with the following	412
requirements:	413

(a) The school will provide learning opportunities to a	414
minimum of twenty-five students for a minimum of nine hundred	415
twenty hours per school year.	416

(b) The governing authority will purchase liability	417
insurance, or otherwise provide for the potential liability of the	418
school.	419

(c) The school will be nonsectarian in its programs,	420
admission policies, employment practices, and all other	421
operations, and will not be operated by a sectarian school or	422
religious institution.	423

(d) The school will comply with sections 9.90, 9.91, 109.65,	424
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	425
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	426
3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648,	427
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	428
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	429
3313.718, 3313.80, 3313.96, 3319.073, 3319.321, 3319.39,	430
3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	431
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	432
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	433
of the Revised Code as if it were a school district and will	434
comply with section 3301.0714 of the Revised Code in the manner	435
specified in section 3314.17 of the Revised Code.	436

(e) The school shall comply with Chapter 102. and section	437
2921.42 of the Revised Code.	438

(f) The school will comply with sections 3313.61, 3313.611,	439
and 3313.614 of the Revised Code, except that for students who	440
enter ninth grade for the first time before July 1, 2010, the	441
requirement in sections 3313.61 and 3313.611 of the Revised Code	442
that a person must successfully complete the curriculum in any	443
high school prior to receiving a high school diploma may be met by	444
completing the curriculum adopted by the governing authority of	445
the community school rather than the curriculum specified in Title	446
XXXIII of the Revised Code or any rules of the state board of	447
education. Beginning with students who enter ninth grade for the	448
first time on or after July 1, 2010, the requirement in sections	449
3313.61 and 3313.611 of the Revised Code that a person must	450
successfully complete the curriculum of a high school prior to	451
receiving a high school diploma shall be met by completing the	452
Ohio core curriculum prescribed in division (C) of section	453
3313.603 of the Revised Code, unless the person qualifies under	454
division (D) or (F) of that section. Each school shall comply with	455
the plan for awarding high school credit based on demonstration of	456
subject area competency, adopted by the state board of education	457
under division (J) of section 3313.603 of the Revised Code.	458

(g) The school governing authority will submit within four	459
months after the end of each school year a report of its	460
activities and progress in meeting the goals and standards of	461
divisions (A)(3) and (4) of this section and its financial status	462
to the sponsor and the parents of all students enrolled in the	463
school.	464

(h) The school, unless it is an internet- or computer-based	465
community school, will comply with section 3313.801 of the Revised	466
Code as if it were a school district.	467

(12) Arrangements for providing health and other benefits to	468
employees;	469

(13) The length of the contract, which shall begin at the	470
beginning of an academic year. No contract shall exceed five years	471
unless such contract has been renewed pursuant to division (E) of	472
this section.	473

(14) The governing authority of the school, which shall be	474
responsible for carrying out the provisions of the contract;	475

(15) A financial plan detailing an estimated school budget	476
for each year of the period of the contract and specifying the	477
total estimated per pupil expenditure amount for each such year.	478
The plan shall specify for each year the base formula amount that	479
will be used for purposes of funding calculations under section	480
3314.08 of the Revised Code. This base formula amount for any year	481
shall not exceed the formula amount defined under section 3317.02	482
of the Revised Code. The plan may also specify for any year a	483
percentage figure to be used for reducing the per pupil amount of	484
the subsidy calculated pursuant to section 3317.029 of the Revised	485
Code the school is to receive that year under section 3314.08 of	486
the Revised Code.	487

(16) Requirements and procedures regarding the disposition of	488
employees of the school in the event the contract is terminated or	489
not renewed pursuant to section 3314.07 of the Revised Code;	490

(17) Whether the school is to be created by converting all or	491
part of an existing public school or educational service center	492
building or is to be a new start-up school, and if it is a	493
converted public school or service center building, specification	494
of any duties or responsibilities of an employer that the board of	495
education or service center governing board that operated the	496
school or building before conversion is delegating to the	497
governing authority of the community school with respect to all	498
or any specified group of employees provided the delegation is	499
not prohibited by a collective bargaining agreement applicable to	500
such employees;	501

(18) Provisions establishing procedures for resolving	502
disputes or differences of opinion between the sponsor and the	503
governing authority of the community school;	504

(19) A provision requiring the governing authority to adopt a	505
policy regarding the admission of students who reside outside the	506
district in which the school is located. That policy shall comply	507
with the admissions procedures specified in sections 3314.06 and	508
3314.061 of the Revised Code and, at the sole discretion of the	509
authority, shall do one of the following:	510

(a) Prohibit the enrollment of students who reside outside	511
the district in which the school is located;	512

(b) Permit the enrollment of students who reside in districts	513
adjacent to the district in which the school is located;	514

(c) Permit the enrollment of students who reside in any other	515
district in the state.	516

(20) A provision recognizing the authority of the department	517
of education to take over the sponsorship of the school in	518
accordance with the provisions of division (C) of section 3314.015	519
of the Revised Code;	520

(21) A provision recognizing the sponsor's authority to	521
assume the operation of a school under the conditions specified in	522
division (B) of section 3314.073 of the Revised Code;	523

(22) A provision recognizing both of the following:

524

(a) The authority of public health and safety officials to	525
inspect the facilities of the school and to order the facilities	526
closed if those officials find that the facilities are not in	527
compliance with health and safety laws and regulations;	528

(b) The authority of the department of education as the	529
community school oversight body to suspend the operation of the	530
school under section 3314.072 of the Revised Code if the	531
department has evidence of conditions or violations of law at the	532
school that pose an imminent danger to the health and safety of	533
the school's students and employees and the sponsor refuses to	534
take such action;	535

(23) A description of the learning opportunities that will be	536
offered to students including both classroom-based and	537
non-classroom-based learning opportunities that is in compliance	538
with criteria for student participation established by the	539
department under division (L)(2) of section 3314.08 of the Revised	540
Code;	541

(24) The school will comply with sections 3302.04 and	542
3302.041 of the Revised Code, except that any action required to	543
be taken by a school district pursuant to those sections shall	544
be taken by the sponsor of the school. However, the sponsor	545
shall not be required to take any action described in division	546
(F) of section 3302.04 of the Revised Code.	547

(25) Beginning in the 2006-2007 school year, the school will	548
open for operation not later than the thirtieth day of September	549
each school year, unless the mission of the school as specified	550
under division (A)(2) of this section is solely to serve dropouts.	551
In its initial year of operation, if the school fails to open by	552
the thirtieth day of September, or within one year after the	553
adoption of the contract pursuant to division (D) of section	554
3314.02 of the Revised Code if the mission of the school is solely	555
to serve dropouts, the contract shall be void.	556

(B) The community school shall also submit to the sponsor a	557
comprehensive plan for the school. The plan shall specify the	558
following:	559

(1) The process by which the governing authority of the	560
school will be selected in the future;	561

(2) The management and administration of the school;

562

(3) If the community school is a currently existing public	563
school or educational service center building, alternative	564
arrangements for current public school students who choose not to	565
attend the converted school and for teachers who choose not to	566
teach in the school or building after conversion;	567

(4) The instructional program and educational philosophy of	568
the school;	569

(5) Internal financial controls.

570

(C) A contract entered into under section 3314.02 of the	571
Revised Code between a sponsor and the governing authority of a	572
community school may provide for the community school governing	573
authority to make payments to the sponsor, which is hereby	574
authorized to receive such payments as set forth in the contract	575
between the governing authority and the sponsor. The total amount	576
of such payments for oversight and monitoring of the school shall	577
not exceed three per cent of the total amount of payments for	578
operating expenses that the school receives from the state.	579

(D) The contract shall specify the duties of the sponsor	580
which shall be in accordance with the written agreement entered	581
into with the department of education under division (B) of	582
section 3314.015 of the Revised Code and shall include the	583
following:	584

(1) Monitor the community school's compliance with all laws	585
applicable to the school and with the terms of the contract;	586

(2) Monitor and evaluate the academic and fiscal performance	587
and the organization and operation of the community school on at	588
least an annual basis;	589

(3) Report on an annual basis the results of the evaluation	590
conducted under division (D)(2) of this section to the department	591
of education and to the parents of students enrolled in the	592
community school;	593

(4) Provide technical assistance to the community school in	594
complying with laws applicable to the school and terms of the	595
contract;	596

(5) Take steps to intervene in the school's operation to	597
correct problems in the school's overall performance, declare the	598
school to be on probationary status pursuant to section 3314.073	599
of the Revised Code, suspend the operation of the school pursuant	600
to section 3314.072 of the Revised Code, or terminate the contract	601
of the school pursuant to section 3314.07 of the Revised Code as	602
determined necessary by the sponsor;	603

(6) Have in place a plan of action to be undertaken in the	604
event the community school experiences financial difficulties or	605
closes prior to the end of a school year.	606

(E) Upon the expiration of a contract entered into under this	607
section, the sponsor of a community school may, with the approval	608
of the governing authority of the school, renew that contract for	609
a period of time determined by the sponsor, but not ending earlier	610
than the end of any school year, if the sponsor finds that the	611
school's compliance with applicable laws and terms of the contract	612
and the school's progress in meeting the academic goals prescribed	613
in the contract have been satisfactory. Any contract that is	614
renewed under this division remains subject to the provisions of	615
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	616

(F) If a community school fails to open for operation within	617
one year after the contract entered into under this section is	618
adopted pursuant to division (D) of section 3314.02 of the Revised	619
Code or permanently closes prior to the expiration of the	620
contract, the contract shall be void and the school shall not	621
enter into a contract with any other sponsor. A school shall not	622
be considered permanently closed because the operations of the	623
school have been suspended pursuant to section 3314.072 of the	624
Revised Code. Any contract that becomes void under this division	625
shall not count toward any statewide limit on the number of such	626
contracts prescribed by section 3314.013 of the Revised Code.	627

Sec. 3326.11. Each science, technology, engineering, and	628
mathematics school established under this chapter and its	629
governing body shall comply with sections 9.90, 9.91, 109.65,	630
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	631
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	632
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	633
3313.50, 3313.536, 3313.608, 3313.6011, 3313.6012, 3313.6013,	634
3313.6014, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	635
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	636
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	637
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.32,	638
3319.321, 3319.35, 3319.39, 3319.391, 3319.45, 3321.01, 3321.13,	639
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	640
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	641
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	642
the Revised Code as if it were a school district.	643

Section 2. That existing sections 3301.0718, 3313.60,	644
3313.6011, 3313.814, 3314.03, and 3326.11 of the Revised Code are	645
hereby repealed.	646

Section 3. On the effective date of this section, the	647
Superintendent of Public Instruction shall consolidate into the	648
Office of Healthy Schools all functions and personnel of the	649
Office for Safety, Health, and Nutrition and the Pupil	650
Transportation Office, and shall transfer to the Office of Healthy	651
Schools services and programs administered by any other office,	652
division, or center of the Department of Education that are	653
assigned to the Office of Healthy Schools by section 3301.23 of	654
the Revised Code.	655

Section 4. This act shall be known as the "Healthy Students	656
Act."	657