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S. B. No. 175 As IntroducedAs Introduced
|129th General Assembly|
Senators Tavares, Cafaro, Sawyer
To amend section 3314.06 and to enact section
3314.062 of the Revised Code to generally prohibit
a community school from admitting a student from
the school district in which it is located if the
student's district school has a better performance
rating than the community school.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3314.06 be amended and section
3314.062 of the Revised Code be enacted to read as follows:
Sec. 3314.06. The governing authority of each community
school established under this chapter shall adopt admission
procedures that specify the following:
(A) That except as otherwise provided in this section and
section 3314.062 of the Revised Code, admission to the school
shall be open to any individual age five to twenty-two entitled to
attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code in a school district in the state.
(B)(1) That admission to the school may be limited to
students who have attained a specific grade level or are within a
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; to residents of a specific
geographic area within the district, as defined in the contract;
or to separate groups of autistic students and nondisabled
students, as authorized in section 3314.061 of the Revised Code
and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district in which the school is located or is open to
residents of other districts, as provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of students to the school on the basis of race, creed, color,
disability, or sex except that:
(a) The governing authority may establish single-gender
schools for the purpose described in division (G) of this section
provided comparable facilities and learning opportunities are
offered for both boys and girls. Such comparable facilities and
opportunities may be offered for each sex at separate locations.
(b) The governing authority may establish a school that
simultaneously serves a group of students identified as autistic
and a group of students who are not disabled, as authorized in
section 3314.061 of the Revised Code. However, unless the total
capacity established for the school has been filled, no student
with any disability shall be denied admission on the basis of that
(2) That upon admission of any student with a disability, the
community school will comply with all federal and state laws
regarding the education of students with disabilities.
(E) That the school may not limit admission to students on
the basis of intellectual ability, measures of achievement or
aptitude, or athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
(F) That the community school will admit the number of
students that does not exceed the capacity of the school's
programs, classes, grade levels, or facilities.
(G) That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division (B) of
this section or section 3314.061 of the Revised Code, if the
number of applicants exceeds the capacity restrictions of division
(F) of this section, students shall be admitted by lot from all
those submitting applications, except preference shall be given to
students attending the school the previous year and to students
who reside in the district in which the school is located.
Preference may be given to siblings of students attending the
school the previous year.
Notwithstanding divisions (A) to (H) of this section, in the
event the racial composition of the enrollment of the community
school is violative of a federal desegregation order, the
community school shall take any and all corrective measures to
comply with the desegregation order.
Sec. 3314.062. No community school shall admit any student
who is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code in the school district in which the community
school is located and who is or would be assigned under section
3319.01 of the Revised Code, for the school year in which
admission is sought, to a district building whose most recent
rating issued under section 3302.03 of the Revised Code is better
than the most recent rating issued to the community school under
section 3314.012 of the Revised Code, unless one of the following
applies to the student:
(A) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
(B) The principal of the district building to which the
student is or would be assigned approves the student's admission
to the community school.
In accordance with division (B) of section 3314.012 of the
Revised Code, the ratings a community school receives for its
first two years of operation shall not be considered in
determining if the school is subject to this section. Nothing in
this section shall prohibit a community school from continuing to
enroll a student who was admitted prior to the school becoming
subject to this section.
Section 2. That existing section 3314.06 of the Revised Code
is hereby repealed.