130th Ohio General Assembly
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S. B. No. 246  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 246


Senator Sawyer 

Cosponsors: Senators Cates, Miller, R., Turner, Morano, Seitz, Smith, Miller, D., Schiavoni, Goodman, Cafaro, Kearney 



A BILL
To enact section 3314.019 of the Revised Code 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3314.019 of the Revised Code be enacted to read as follows:
Sec. 3314.019.  (A) As used in this section:
(1) "Formula ADM" has the same meaning as in section 3306.02 of the Revised Code.
(2) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
(B) A new start-up school sponsored by an entity described in divisions (C)(1)(a) to (e) of section 3314.02 of the Revised Code may be established in accordance with this section to serve persons who are at least eighteen years of age but less than twenty-two years of age and have been released from an institution maintained by the department of youth services or are confined in a state correctional institution.
(C) The educational program of a community school established under this section shall be based on a curriculum that has a demonstrated record of success in improving student achievement and lowering recidivism and that emphasizes conflict resolution, strengthened interpersonal communication and relationships, personal responsibility, independence, and positive community involvement. The educational program shall enable students to earn high school credits and to complete the requirements for a high school diploma under section 3313.61 of the Revised Code. Upon successful completion of the program, in addition to a high school diploma, students shall be awarded a certificate of achievement and future employability, which may include a summary of the student's education and work skills, information on bonding programs and tax credits available under the Revised Code or federal law for employers who hire persons who were formerly institutionalized or incarcerated, and any other information designated by the school's governing authority.
(D) Notwithstanding anything in the Revised Code to the contrary, all of the following apply to a community school established under this section:
(1) The school shall be established in two or more school districts.
(2)(a) To enable the school to serve students while incarcerated and while reintegrating into the community following release from an institution maintained by the department of youth services or a state correctional institution, the school's governing authority shall maintain at least one facility on the site of a state correctional institution and at least one community-based facility that is not on the site of such an institution and is located in a big-eight school district.
(b) The school's governing authority shall consult with the department of rehabilitation and correction to identify state correctional institutions at which the governing authority may maintain a facility and the department shall allocate space in the identified institutions for use by the school. Each facility located on the site of a state correctional institution shall be a single-gender facility and the governing authority shall ensure that comparable facilities and learning opportunities are provided for each gender.
(c)(i) Until July 1, 2013, the school shall establish not more than two community-based facilities. On and after that date, the school may establish any number of additional community-based facilities, subject to division (D)(2)(c)(iii) of this section. Nothing in division (D)(2)(c)(i) of this section shall prohibit the school from initiating the process described in division (D)(2)(c)(iii) of this section prior to July 1, 2013, for the purpose of establishing a community-based facility on or after that date.
(ii) If the school initially opens for operation in the 2010-2011 school year, the governing authority shall locate the school's first community-based facility in the Columbus city school district and shall not be required to comply with division (D)(2)(c)(iii) of this section with respect to that facility. However, if the governing authority seeks to establish any additional community-based facilities, in that district or in any other district, the governing authority shall comply with that division with respect to each of those facilities.
(iii) Except as otherwise provided in division (D)(2)(c)(ii) of this section, prior to establishing any community-based facility, the school's governing authority shall obtain the approval of the board of education of the big-eight school district in which the governing authority is considering locating the facility. For this purpose, not later than the fifteenth day of April prior to the school year in which the facility will open for operation, the governing authority shall notify the board of education of each big-eight school district under consideration as a potential location for the facility of the governing authority's interest in locating the facility in that district. Not later than sixty days after the notification, the board shall hold a public hearing on the matter of locating the facility in the district and shall vote on the question of whether to allow the governing authority to locate the facility there. If the board votes against allowing the governing authority to locate the facility in the district, the governing authority shall not locate the facility in the district.
(d) The school's governing authority may assign students in the same grade level to multiple facilities.
(3) The school shall not be subject to division (A) of section 3314.016 of the Revised Code. However, the school's governing authority shall enter into a contract with a nonprofit organization that has at least ten years of experience in the fields of education and corrections and has been a contractor of the department of rehabilitation and correction to serve persons in the department's custody. The nonprofit organization shall be responsible for directing the school's educational concept, curriculum, and instructional practices and for any other aspects of the school's daily operations designated by the school's governing authority. The nonprofit organization with which the governing authority contracts under this division shall be considered an operator for purposes of this chapter.
(4)(a) The school shall enroll only persons who meet the following criteria:
(i) The person has acquired sufficient high school credits relative to the person's age that the person is reasonably expected to complete the curriculum requirements for a high school diploma prior to attaining twenty-two years of age.
(ii) If the person is in a state correctional institution, the person agrees in writing to continue enrollment at the school's community-based facility following the person's release from the institution.
Nothing in division (D)(4)(a) of this section shall prohibit the school from enrolling persons who were not residents of this state immediately prior to being placed in the custody of an institution maintained by the department of youth services or incarcerated, subject to division (E)(5) of this section.
(b) If the number of applicants for enrollment exceeds the school's capacity, students shall be admitted by lot from all those submitting applications, except preference shall be given to persons who, prior to being institutionalized or incarcerated, were residents of school districts with a graduation rate, as defined in section 3301.0711 of the Revised Code, of ninety per cent or less.
(c) The department of youth services and the department of rehabilitation and correction shall assist the school's governing authority in identifying persons who meet the eligibility criteria for enrollment in the school. If necessary, upon a person's enrollment, the department of rehabilitation and correction shall reassign the person to a state correctional institution at which the school maintains a facility.
(5) The school's governing authority may employ a person who has been convicted of or pleaded guilty to an offense described in division (B)(1) of section 3319.39 of the Revised Code under the following conditions:
(a) The person is a graduate of the school or another educational program provided by the nonprofit organization described in division (D)(3) of this section.
(b) The person has received training in using the person's experiences as an instructional tool and educational intervention for students.
(c) During any period of time in which the person will have routine interaction with a student or regular responsibility for the care, custody, or control of a student, the person shall be supervised by an employee of the school who holds a teacher license issued by the state board of education under section 3319.22 or 3319.222 or former section 3319.22 of the Revised Code or by an employee of the state correctional institution at which the school is located.
(6) The school's governing authority shall be permanently responsible for providing student transportation to the school's community-based facility in accordance with a transportation policy established by the governing authority. The governing authority shall comply with either division (A) or (B) of section 3314.091 of the Revised Code in assuming the transportation responsibility, and the school shall be eligible for any payments authorized under that section. The school shall not be entitled to any payment for the provision of transportation from the school district in which the community-based facility is located, except as otherwise authorized under section 3314.091 of the Revised Code.
(E) Notwithstanding anything in this chapter or Chapter 3306. or 3317. of the Revised Code to the contrary, all of the following apply in the case of each student enrolled in a community school established under this section:
(1) For purposes of the report required under division (B)(2) of section 3314.08 of the Revised Code, the community school shall report the following:
(a) If the student was a resident of this state immediately prior to being placed in the custody of an institution maintained by the department of youth services or incarcerated, the name of the school district in which the student was entitled to attend school under section 3313.64 or 3313.65 of the Revised Code at that time. The school district reported shall not be the district in which the student was last known to be enrolled or the district in which the offense that led to the student's institutionalization or incarceration was committed, unless that district is the same district in which the student was entitled to attend school under section 3313.64 or 3313.65 of the Revised Code immediately prior to being institutionalized or incarcerated. The school district reported shall not change, regardless of whether the school district in which the student resides after the student's release from institutionalization or incarceration is different from the school district reported.
(b) If the student was not a resident of this state immediately prior to being institutionalized or incarcerated, the fact that the student was not a resident at that time;
(c) If the school cannot determine the student's residency status immediately prior to being institutionalized or incarcerated, the fact that the student's residency status is unknown.
(2) In the case of each student to whom division (E)(1)(a) of this section applies, the department of education shall include the student in the formula ADM of the school district reported under that division. The student shall not be included in the formula ADM of any other school district.
In the case of each student to whom division (E)(1)(b) or (c) of this section applies, the department shall not include the student in the formula ADM of any school district.
(3) Subject to section 3314.088 of the Revised Code, the department of education shall deduct the applicable amounts prescribed under division (C) of section 3314.08 of the Revised Code from the school district in whose formula ADM the student was included under division (E)(2) of this section and shall not deduct any amount for the student from any other school district. If the student was not included in the formula ADM of a school district under division (E)(2) of this section, the department shall not make any deduction for the student under this division.
(4) Subject to section 3314.088 of the Revised Code, the department of education shall make the payments prescribed in divisions (D) and (E) of section 3314.08 of the Revised Code to the community school. If the student was not included in the formula ADM of a school district under division (E)(2) of this section, the department shall not make any payment for the student under this division.
(5) In the case of each student to whom division (E)(1)(b) or (c) of this section applies, the community school shall be responsible for the total cost of educating the student and may apply for and receive funding from any public or private entity to defray that cost.
(6) No state correctional institution shall be entitled to tuition payments under section 3323.091 of the Revised Code for the student.
(F) Except as otherwise provided in this section, a community school established under this section shall comply with all requirements of this chapter.
Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that federal grant money is available to help pay the costs of establishing and operating a community school described in this act that is prepared to open in the 2010-2011 school year. Therefore, this act shall go into immediate effect.
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