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Sub. H. B. No. 264 As Enrolled
(130th General Assembly)
(Substitute House Bill Number 264)
AN ACT
To amend sections 3313.713, 3314.03, 3326.11, and
3328.24 and to enact section 3313.7110 of the
Revised Code and to amend the version of section
3326.11 of the Revised Code that is scheduled to
take effect on July 1, 2014, regarding care for
students with diabetes in schools.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3313.713, 3314.03, 3326.11, and
3328.24 be amended and section 3313.7110 be enacted to read as
follows:
Sec. 3313.713. (A) As used in this section:
(1) "Drug" means a drug, as defined in section 4729.01 of the
Revised Code, that is to be administered pursuant to the
instructions of the prescriber, whether or not required by law to
be sold only upon a prescription.
(2) "Federal law" means the "Individuals with Disabilities
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.
(3) "Prescriber" has the same meaning as in section 4729.01
of the Revised Code.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall, not later
than one hundred twenty days after September 20, 1984, adopt a
policy on the authority of its employees, when acting in
situations other than those governed by sections 2305.23,
2305.231, and 3313.712, and 3313.7110 of the Revised Code, to
administer drugs prescribed to students enrolled in the schools of
the district. The policy shall provide either that:
(1) Except as otherwise required by federal law, no person
employed by the board shall, in the course of such employment,
administer any drug prescribed to any student enrolled in the
schools of the district.
(2) Designated persons employed by the board are authorized
to administer to a student a drug prescribed for the student.
Effective July 1, 2011, only employees of the board who are
licensed health professionals, or who have completed a drug
administration training program conducted by a licensed health
professional and considered appropriate by the board, may
administer to a student a drug prescribed for the student. Except
as otherwise provided by federal law, the board's policy may
provide that certain drugs or types of drugs shall not be
administered or that no employee shall use certain procedures,
such as injection, to administer a drug to a student.
(C) No drug prescribed for a student shall be administered
pursuant to federal law or a policy adopted under division (B) of
this section until the following occur:
(1) The board, or a person designated by the board, receives
a written request, signed by the parent, guardian, or other person
having care or charge of the student, that the drug be
administered to the student.
(2) The board, or a person designated by the board, receives
a statement, signed by the prescriber, that includes all of the
following information:
(a) The name and address of the student;
(b) The school and class in which the student is enrolled;
(c) The name of the drug and the dosage to be administered;
(d) The times or intervals at which each dosage of the drug
is to be administered;
(e) The date the administration of the drug is to begin;
(f) The date the administration of the drug is to cease;
(g) Any severe adverse reactions that should be reported to
the prescriber and one or more phone numbers at which the
prescriber can be reached in an emergency;
(h) Special instructions for administration of the drug,
including sterile conditions and storage.
(3) The parent, guardian, or other person having care or
charge of the student agrees to submit a revised statement signed
by the prescriber to the board or a person designated by the board
if any of the information provided by the prescriber pursuant to
division (C)(2) of this section changes.
(4) The person authorized by the board to administer the drug
receives a copy of the statement required by division (C)(2) or
(3) of this section.
(5) The drug is received by the person authorized to
administer the drug to the student for whom the drug is prescribed
in the container in which it was dispensed by the prescriber or a
licensed pharmacist.
(6) Any other procedures required by the board are followed.
(D) If a drug is administered to a student, the board of
education shall acquire and retain copies of the written requests
required by division (C)(1) and the statements required by
divisions (C)(2) and (3) of this section and shall ensure that by
the next school day following the receipt of any such statement a
copy is given to the person authorized to administer drugs to the
student for whom the statement has been received. The board, or a
person designated by the board, shall establish a location in each
school building for the storage of drugs to be administered under
this section and federal law. All such drugs shall be stored in
that location in a locked storage place, except that drugs that
require refrigeration may be kept in a refrigerator in a place not
commonly used by students.
(E) No person who has been authorized by a board of education
to administer a drug and has a copy of the most recent statement
required by division (C)(2) or (3) of this section given to the
person in accordance with division (D) of this section prior to
administering the drug is liable in civil damages for
administering or failing to administer the drug, unless such
person acts in a manner that constitutes gross negligence or
wanton or reckless misconduct.
(F) A board of education may designate a person or persons to
perform any function or functions in connection with a drug policy
adopted under this section either by name or by position,
training, qualifications, or similar distinguishing factors.
(G) A policy adopted by a board of education pursuant to this
section may be changed, modified, or revised by action of the
board.
(H) Nothing in this section shall be construed to require a
person employed by a board of education to administer a drug to a
student unless the board's policy adopted in compliance with this
section establishes such a requirement. A board shall not require
an employee to administer a drug to a student if the employee
objects, on the basis of religious convictions, to administering
the drug.
Nothing in this section affects the application of section
2305.23, 2305.231, or 3313.712, or 3313.7110 of the Revised Code
to the administration of emergency care or treatment to a student.
Nothing in this section affects the ability of a public or
nonpublic school to participate in a school-based fluoride mouth
rinse program established by the director of health pursuant to
section 3701.136 of the Revised Code. Nothing in this section
affects the ability of a person who is employed by, or who
volunteers for, a school that participates in such a program to
administer fluoride mouth rinse to a student in accordance with
section 3701.136 of the Revised Code and any rules adopted by the
director under that section.
Sec. 3313.7110. (A) As used in this section:
(1) "Board" means a board of education of a city, local,
exempted village, or joint vocational school district.
(2) "Governing authority" means a governing authority of a
chartered nonpublic school.
(3) "Licensed health care professional" means either of the
following:
(a) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) A registered nurse or licensed practical nurse licensed
under Chapter 4723. of the Revised Code.
(4) "Local health department" means a department operated by
a board of health of a city or general health district or the
authority having the duties of a board of health as described in
section 3709.05 of the Revised Code.
(5) "School employee" or "employee" means either of the
following:
(a) A person employed by the board of education of a city,
local, exempted village, or joint vocational school district or
the governing authority of a chartered nonpublic school;
(b) A licensed health care professional employed by or under
contract with a local health department who is assigned to a
school in a city, local, exempted village, or joint vocational
school district or a chartered nonpublic school.
(6) "504 plan" means a plan based on an evaluation conducted
in accordance with section 504 of the "Rehabilitation Act of
1973," 29 U.S.C. 794, as amended.
(B)(1) The board or governing authority shall ensure that
each student enrolled in the district or school who has diabetes
receives appropriate and needed diabetes care in accordance with
an order signed by the student's treating physician. The diabetes
care to be provided includes any of the following:
(a) Checking and recording blood glucose levels and ketone
levels or assisting the student with checking and recording these
levels;
(b) Responding to blood glucose levels that are outside of
the student's target range;
(c) In the case of severe hypoglycemia, administering
glucagon and other emergency treatments as prescribed;
(d) Administering insulin or assisting the student in
self-administering insulin through the insulin delivery system the
student uses;
(e) Providing oral diabetes medications;
(f) Understanding recommended schedules and food intake for
meals and snacks in order to calculate medication dosages pursuant
to the student's physician's order;
(g) Following the physician's instructions regarding meals,
snacks, and physical activity;
(h) Administering diabetes medication, as long as the
conditions prescribed in division (C) of this section are
satisfied.
(2) Not later than fourteen days after receipt of an order
signed by the treating physician of a student with diabetes, the
board or governing authority shall inform the student's parent,
guardian, or other person having care or charge of the student
that the student may be entitled to a 504 plan regarding the
student's diabetes. The department of education shall develop a
504 plan information sheet for use by a board or governing
authority when informing a student's parent, guardian, or other
person having care or charge of the student that the student may
be entitled to a 504 plan regarding the student's diabetes.
(C) Notwithstanding division (B) of section 3313.713 of the
Revised Code or any other provision of the Revised Code, diabetes
medication may be administered under this section by a school
nurse or, in the absence of a school nurse, a school employee who
is trained in diabetes care under division (E) of this section.
Medication administration may be provided under this section only
when the conditions prescribed in division (C) of section 3313.713
of the Revised Code are satisfied.
Notwithstanding division (D) of section 3313.713 of the
Revised Code, medication that is to be administered under this
section may be kept in an easily accessible location.
(D)(1) Not later than one hundred eighty days after the
effective date of this section, the department of education shall
adopt nationally recognized guidelines, as determined by the
department, for the training of school employees in diabetes care
for students. In doing so, the department shall consult with the
department of health, the American diabetes association, and the
Ohio school nurses association. The department may consult with
any other organizations as determined appropriate by the
department.
(2) The guidelines shall address all of the following issues:
(a) Recognizing the symptoms of hypoglycemia and
hyperglycemia;
(b) The appropriate treatment for a student who exhibits the
symptoms of hypoglycemia or hyperglycemia;
(c) Recognizing situations that require the provision of
emergency medical assistance to a student;
(d) Understanding the appropriate treatment for a student,
based on a student's physician's order, if the student's blood
glucose level is not within the target range indicated by the
order;
(e) Understanding the instructions in a student's physician's
order concerning necessary medications;
(f) Performing blood glucose and ketone tests in accordance
with a student's physician's order and recording the results of
those tests;
(g) Administering insulin, glucagon, or other medication in
accordance with a student's physician's order and recording the
results of the administration;
(h) Understanding the relationship between the diet
recommended in a student's physician's order and actions that may
be taken if the recommended diet is not followed.
(E)(1) To ensure that a student with diabetes receives the
diabetes care specified in division (B) of this section, a board
or governing authority may provide training that complies with the
guidelines developed under division (D) of this section to a
school employee at each school attended by a student with
diabetes. With respect to any training provided, all of the
following apply:
(a) The training shall be coordinated by a school nurse or,
if the school does not employ a school nurse, a licensed health
care professional with expertise in diabetes who is approved by
the school to provide the training.
(b) The training shall take place prior to the beginning of
each school year or, as needed, not later than fourteen days after
receipt by the board or governing authority of an order signed by
the treating physician of a student with diabetes.
(c) On completion of the training, the board or governing
authority, in a manner it determines, shall determine whether each
employee trained is competent to provide diabetes care.
(d) The school nurse or approved licensed health care
professional with expertise in diabetes care shall promptly
provide all necessary follow-up training and supervision to an
employee who receives training.
(2) The principal of a school attended by a student with
diabetes or another school official authorized to act on behalf of
the principal may distribute a written notice to each employee
containing all of the following:
(a) A statement that the school is required to provide
diabetes care to a student with diabetes and is seeking employees
who are willing to be trained to provide that care;
(b) A description of the tasks to be performed;
(c) A statement that participation is voluntary and that the
school district will not take action against an employee who does
not agree to provide diabetes care;
(d) A statement that training will be provided by a licensed
health care professional to an employee who agrees to provide
care;
(e) A statement that a trained employee is immune from
liability under division (J) of this section;
(f) The name of the individual who should be contacted if an
employee is interested in providing diabetes care.
(3) No employee of a board or governing authority shall be
subject to a penalty or disciplinary action under school or
district policies for refusing to volunteer to be trained in
diabetes care.
(4) No board or governing authority shall discourage
employees from agreeing to provide diabetes care under this
section.
(F) A board or governing authority may provide training in
the recognition of hypoglycemia and hyperglycemia and actions to
take in response to emergency situations involving these
conditions to both of the following:
(1) A school employee who has primary responsibility for
supervising a student with diabetes during some portion of the
school day;
(2) A bus driver employed by a school district or chartered
nonpublic school responsible for the transportation of a student
with diabetes.
(G) A student with diabetes shall be permitted to attend the
school the student would otherwise attend if the student did not
have diabetes and the diabetes care specified in division (B) of
this section shall be provided at the school. A board or governing
authority shall not restrict a student who has diabetes from
attending the school on the basis that the student has diabetes,
that the school does not have a full-time school nurse, or that
the school does not have an employee trained in diabetes care. The
school shall not require or pressure a parent, guardian, or other
person having care or charge of a student to provide diabetes care
for the student with diabetes at school or school-related
activities.
(H)(1) Notwithstanding section 3313.713 of the Revised Code
or any policy adopted under that section and except as provided in
division (H)(2) of this section, on written request of the parent,
guardian, or other person having care or charge of a student and
authorization by the student's treating physician, a student with
diabetes shall be permitted to attend to the care and management
of the student's diabetes in accordance with the student's
physician's order during regular school hours and school-sponsored
activities if the student's treating physician determines that the
student is capable of performing diabetes care tasks. The student
shall be permitted to perform diabetes care tasks in a classroom,
in any area of the school or school grounds, and at any
school-related activity, and to possess on the student's self at
all times all necessary supplies and equipment to perform these
tasks. If the student or the parent, guardian, or other person
having care or charge of the student so requests, the student
shall have access to a private area for performing diabetes care
tasks.
(2) If the student performs any diabetes care tasks or uses
medical equipment for purposes other than the student's own care,
the board or governing authority may revoke the student's
permission to attend to the care and management of the student's
diabetes.
(I)(1) Notwithstanding any other provision of the Revised
Code to the contrary, a licensed health care professional shall be
permitted to provide training to a school employee under division
(E) of this section or to supervise the employee in performing
diabetes care tasks.
(2) Nothing in this section diminishes the rights of eligible
students or the obligations of school districts under the
"Individuals with Disabilities Education Act," 20 U.S.C. 1400 et
seq., section 504 of the "Rehabilitation Act," 29 U.S.C. 794, or
the "Americans with Disabilities Act," 42 U.S.C. 12101 et seq.
(J)(1) A school or school district, a member of a board or
governing authority, or a district or school employee is not
liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from providing care or
performing duties under this section unless the act or omission
constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school or school district, member of a
board or governing authority, or district or school employee may
be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.
(2) A school employee shall not be subject to disciplinary
action under school or district policies for providing care or
performing duties under this section.
(3) A school nurse or other licensed health care professional
shall be immune from disciplinary action by the board of nursing
or any other regulatory board for providing care or performing
duties under this section if the care provided or duties performed
are consistent with applicable professional standards.
(K)(1) Not later than the last day of December of each year,
a board or governing authority shall report to the department of
education both of the following:
(a) The number of students with diabetes enrolled in the
district or chartered nonpublic school during the previous school
year;
(b) The number of errors associated with the administration
of diabetes medication to students with diabetes during the
previous school year.
(2) Not later than the last day of March of each year, the
department shall issue a report summarizing the information
received by the department under division (K)(1) of this section
for the previous school year. The department shall make the report
available on its internet web site.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that
the school's classroom teachers be licensed in accordance with
sections 3319.22 to 3319.31 of the Revised Code, except that a
community school may engage noncertificated persons to teach up to
twelve hours per week pursuant to section 3319.301 of the Revised
Code.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7110,
3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district and will comply with section 3301.0714 of
the Revised Code in the manner specified in section 3314.17 of the
Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (H)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073,
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41,
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if it were a
school district.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3313.6411, 3313.7110, 3319.39, and 3319.391 of the
Revised Code as if the school were a school district and the
school's board of trustees were a district board of education.
SECTION 2. That existing sections 3313.713, 3314.03, 3326.11,
and 3328.24 of the Revised Code are hereby repealed.
SECTION 3. That the version of section 3326.11 of the Revised
Code that is scheduled to take effect on July 1, 2014, be amended
to read as follows:
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.7110, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
SECTION 4. That the existing version of section 3326.11 of
the Revised Code that is scheduled to take effect on July 1, 2014,
is hereby repealed.
SECTION 5. Sections 3 and 4 of this act take effect on July
1, 2014.
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