Text of OH HB 190 (2025)

As Introduced 136th General Assembly Regular Session H. B. No. 190 2025-2026 Representatives Newman, Williams Cosponsors: Representatives Dean, Gross, Click, Mullins To amend sections 3313.473, 3314.03, 3326.11, and 3328.24 and to enact section 3313.475 of the Revised Code to enact the Given Name Act regarding the use of gender pronouns in public schools. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3313.473, 3314.03, 3326.11, and 3328.24 be amended and section 3313.475 of the Revised Code be enacted to read as follows: Sec. 3313.473. (A) The general assembly maintains that a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child. (B) Not later than the first day of July following the effective date of this sectionJuly 1, 2025, the board of education of each city, local, exempted village, and joint vocational school district shall develop and adopt a policy to promote parental involvement in the public school system. The policy shall require a school district to do all of the following: (1)(a) Ensure that any sexuality content is age- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 H. B. No. 190 Page 2 As Introduced appropriate and developmentally appropriate for the age of the student receiving the instruction, regardless of the age or grade level of the student. (b) Prior to providing instruction that includes sexuality content or permitting a third party to provide such instruction on behalf of the district, provide parents the opportunity to review any instructional material that includes sexuality content. Upon request of the student's parent, a student shall be excused from instruction that includes sexuality content and be permitted to participate in an alternative assignment. (2) Promptly notify a student's parent of any substantial change in the student's services, including counseling services, or monitoring related to the student's mental, emotional, or physical health or well-being or the school's ability to provide a safe and supportive learning environment for the student. The policy shall specify in what manner a student's parent will be notified of any substantial change in the student's services. The policy shall specify that notice to parents shall reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children, and that the school district shall not inhibit parental access to the student's education and health records maintained by the school. (3) Prohibit school district personnel from directly or indirectly encouraging a student to withhold from a parent information concerning the student's mental, emotional, or physical health or well-being, or a change in related services or monitoring. The policy shall prohibit school district personnel from discouraging or prohibiting parental notification of and 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 H. B. No. 190 Page 3 As Introduced involvement in decisions affecting a student's mental, emotional, or physical health or well-being. (4) Adopt a procedure to obtain authorization from parents prior to providing any type of health care service to the student, including physical, mental, and behavioral health care services. Under the procedure, a parent may choose whether to authorize a district to provide a health care service to the parent's child. The procedure shall require the school district to do both of the following: (a) At the beginning of the school year, notify parents of each health care service offered at, or facilitated in cooperation with, their student's school and their option to withhold consent or decline any specified service. Parental consent to health care services does not waive the parent's right to access the parent's student's educational or health records or to be notified about a change in the student's services or monitoring as provided in this section. (b) Prior to providing a health care service to a student, notify a parent whether the service is required to be provided by the school district under state law and if other options for a student to access the service exist. This requirement may be satisfied by an annual notice to parents at the beginning of the school year. Division (B)(4) of this section does not apply to emergency situations, first aid, other unanticipated minor health care services, or health care services provided pursuant to a student's IEP or a school district's obligation under section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794. (5) Permit a parent to file with a school principal or 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 H. B. No. 190 Page 4 As Introduced assistant principal a written concern regarding a topic addressed in this section. The policy shall establish a process for a principal or assistant principal to resolve such concerns within thirty days after their receipt. Under the policy, school districts shall notify parents of their right to file a written concern. A parent may appeal a principal's or assistant principal's decision to the superintendent of that district. If a parent appeals the principal's or assistant principal's decision, the superintendent, or a designee of the superintendent, shall conduct a hearing on the decision. Based on the findings of that hearing, the superintendent shall decide whether to affirm the principal's or assistant principal's decision. If the superintendent does not affirm the decision, the superintendent shall determine a resolution to the parent's concern. A parent may appeal the superintendent's decision to the board of education of the school district. The board shall review the superintendent's decision and, if the board determines it necessary, hold a hearing on the decision and, based on that hearing, either affirm the superintendent's decision or determine a new resolution to the parent's concern. Nothing in division (B)(5) of this section shall prevent a parent from contacting a member of a board of education regarding the parent's concerns with the operation of a school under the supervision of that board. (6) Ensure full compliance with the requirements prescribed under section 3313.475 of the Revised Code and describe a parent's or guardian's right to a cause of action under division (G) of that section. (C) Each school district shall make its policy adopted under this section publicly available and post it prominently on 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 H. B. No. 190 Page 5 As Introduced its publicly accessible web site, if it has one. (D) This section does not prescribe all rights of parents or preempt or foreclose claims or remedies in support of parental rights that are available under the constitution, statutes, or common law of this state. (E) No school district or third party acting on behalf of a district shall provide instruction that includes sexuality content to students in grades kindergarten through three. (F)(1) Nothing in this section shall require disclosure or activity that is in conflict with or in violation of any of the following: (a) The HIPAA privacy rule; (b) Chapter 3798. of the Revised Code; (c) Section 2317.02, 4732.19, or 5122.04 of the Revised Code; (d) The "Family Educational Rights and Privacy Act of 1974," 20 U.S.C. 1232g; (e) Ohio Constitution, Article I, Section 10a and any laws enacted to implement that section, including sections 2930.07 and 2930.10 of the Revised Code. (2) Nothing in this section requires disclosure or activity in violation of any court order, including any of the following: (a) A condition of bond; (b) A protection order or consent agreement issued pursuant to section 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31 of the Revised Code; 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 H. B. No. 190 Page 6 As Introduced (c) A condition of a community control sanction, post- release control sanction, or parole. (3) Nothing in this section requires disclosure or activity in violation of a specific request for nondisclosure made pursuant to a criminal investigation or grand jury subpoena in which the student is the victim and a parent is the alleged perpetrator. (4) Nothing in this section prohibits or prevents mandatory reporting under section 2151.421 of the Revised Code. (5) Nothing in this section prohibits or limits the career and academic mentoring and counseling between teachers and students in the regular course of the school day. (G) As used in this section: (1) "Biological sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and unambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. (2) "HIPAA privacy rule" has the same meaning as in section 3798.01 of the Revised Code. (3) "IEP" has the same meaning as in section 3323.01 of the Revised Code. (4) "Parent" has the same meaning as in section 3313.98 of the Revised Code. (5) "Sexuality content" means any oral or written instruction, presentation, image, or description of sexual concepts or gender ideology provided in a classroom setting. 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 H. B. No. 190 Page 7 As Introduced "Sexuality content" does not mean any of the following: (a) Instruction or presentations in sexually transmitted infection education, child sexual abuse prevention, and sexual violence prevention education provided under division (A)(5) of section 3313.60 or section 3314.0310 or 3326.091 of the Revised Code; (b) Instruction or presentations in sexually transmitted infection education emphasizing abstinence provided under section 3313.6011 of the Revised Code; (c) Incidental references to sexual concepts or gender ideology occurring outside of formal instruction or presentations on such topics, including references made during class participation and in schoolwork. (6) "Student's mental, emotional, or physical health or well-being" includes, at a minimum, any of the following: (a) A student's academic performance; (b) Any significant sickness or physical injury, or any psychological trauma suffered by a student; (c) Any harassment, intimidation, or bullying, as defined in section 3313.666 of the Revised Code, by or against a student in violation of school district policy; (d) Any request by a student to identify as a gender that does not align with the student's biological sex; (e) Exhibition of suicidal ideation or persistent symptoms of depression, or severe anxiety, or other mental health issues. (7) "Age-appropriate" and "developmentally appropriate" content refers to activities or items that are generally 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 H. B. No. 190 Page 8 As Introduced accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. Sec. 3313.475. (A) As used in this section: (1) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia as listed on an individual's official birth certificate or certificate of birth issued upon adoption, if the certificate of birth was issued at or near the time of the individual's birth. (2) "Contractor" means any individual working in any capacity for any public school through a contract between any such school or board of education or employee or contractor of or member of any school or board of education and that individual or that individual's employer. (3) "Employee" means any individual working in any capacity, whether performance of such work is voluntary or paid, including teachers, administrators, janitors, cafeteria workers, or other individuals working at any public school. (4) "Public school" means any of the following that offers any of grades prekindergarten through twelve: (a) A school district; (b) A community school established under Chapter 3314. of the Revised Code; 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 H. B. No. 190 Page 9 As Introduced (c) A STEM school established under Chapter 3326. of the Revised Code; (d) A college-preparatory boarding school established under Chapter 3328.24 of the Revised Code. (B)(1) A public school employee or contractor, regardless of the scope of the employee's or contractor's official duties, shall not knowingly and intentionally address an unemancipated student under the age of eighteen by any of the following: (a) A name other than the name listed on the student's birth certificate, or a derivative of the name listed on the student's birth certificate, without the written permission of the student's parent, legal guardian, or custodian; (b) A pronoun or title that is inconsistent with the student's biological sex unless the employee or contractor has the written permission of the student's parent, legal guardian, or custodian. (2) A public school employee or contractor, regardless of the scope of the employee's or contractor's official duties, shall not do any of the following: (a) Inform students of the employee's or contractor's pronouns or title if the pronouns or title are inconsistent with the employee's or contractor's biological sex; (b) Request that a student provide preferred pronouns or a title that are inconsistent with the student's biological sex; (c) Penalize or otherwise subject a student to adverse or discriminatory treatment for failing to respond to a request to provide the student's preferred name, pronoun, or title. (C) If a student requests an accommodation from a public 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 H. B. No. 190 Page 10 As Introduced school employee or contractor that is intended to affirm the student's gender identity, including a request that the employee or contractor address the student by a name, pronoun, or title that is inconsistent with the student's biological sex, the employee or contractor shall report that request to a school administrator, and the school administrator shall report the student's request to the student's parent. (D) A public school shall not do any of the following: (1) Require a public school employee or contractor to address any individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's biological sex; (2) Subject an employee or contractor to adverse employment action for declining to provide the employee's or contractor's pronouns or to address any individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's biological sex; (3) Penalize or otherwise subject a student to adverse or discriminatory treatment for declining to identify the student's pronouns or to address any individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's biological sex. (E) Nothing in this section shall be construed to prohibit employees or contractors from discussing any matters of public concern outside the context of their official duties. (F) The department of education and workforce shall establish a procedure under which an individual may submit a 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 H. B. No. 190 Page 11 As Introduced complaint about an alleged violation of this section by a public school or its employee or contractor. The department shall conduct an investigation regarding the complaint and submit a report of its findings to the director of education and workforce. If the director determines the school or its employee violated this section, the department shall withhold ten per cent of the school's state foundation aid under Chapter 3317. of the Revised Code each month until such time that the school is confirmed by the director to be in compliance with this section. A school in violation of this section shall report back to the director within forty-five days after the department determines the school or it's employee violated the section to affirm it is in compliance with this section. (G) When a school or its employee knowingly violates division (B) of this section a parent or guardian may bring a cause of action for the following: (1) Injunctive relief; (2) Reasonable attorney's fees and costs. Sec. 3314.03. A copy of every contract entered into under this section shall be filed with the director of education and workforce. The department of education and workforce shall make available on its web site a copy of every approved, executed contract filed with the director 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 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 H. B. No. 190 Page 12 As Introduced 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, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, 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 seventy-two 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; 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 H. B. No. 190 Page 13 As Introduced (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) An addendum to the contract outlining the facilities to be used that contains at least the following information: (a) A detailed description of each facility used for instructional purposes; (b) The annual costs associated with leasing each facility that are paid by or on behalf of the school; (c) The annual mortgage principal and interest payments that are paid by the school; (d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any. (10) Qualifications of employees, including both of the following: (a) 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 or forty hours per week pursuant to section 3319.301 of the Revised Code; (b) A prohibition against the school employing an individual described in section 3314.104 of the Revised Code in any position. (11) That the school will comply with the following 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 H. B. No. 190 Page 14 As Introduced 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, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.473, 3313.474, 3313.475, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 H. B. No. 190 Page 15 As Introduced 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, 3313.614, 3313.617, 3313.618, and 3313.6114 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 department. 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 requirements prescribed in section 3313.6027 and 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, and beginning with the 2017-2018 school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the department under divisions (J)(1) and (2) of section 3313.603 of the Revised Code. Beginning with the 2018-2019 school year, the school shall comply with the framework for granting units of high school 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 H. B. No. 190 Page 16 As Introduced credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) 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. (j) If the school operates a preschool program that is licensed by the department under sections 3301.52 to 3301.59 of the Revised Code, the school shall comply with sections 3301.50 to 3301.59 of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the department of children and youth under section 3301.53 of the Revised Code. (k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following: 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 H. B. No. 190 Page 17 As Introduced (i) An internet- or computer-based community school; (ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (B)(2) of section 3314.35 of the Revised Code. (l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code. (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 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 H. B. No. 190 Page 18 As Introduced 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 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; 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 H. B. No. 190 Page 19 As Introduced (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 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. (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) 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 H. B. No. 190 Page 20 As Introduced of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code; (27) That the school's attendance and participation policies will be available for public inspection; (28) That the school's attendance and participation records shall be made available to the department, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations promulgated under that act, and section 3319.321 of the Revised Code; (29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information: (a) An indication of what blended learning model or models will be used; (b) A description of how student instructional needs will be determined and documented; (c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level; (d) The school's attendance requirements, including how the school will document participation in learning opportunities; (e) A statement describing how student progress will be monitored; 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 H. B. No. 190 Page 21 As Introduced (f) A statement describing how private student data will be protected; (g) A description of the professional development activities that will be offered to teachers. (30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate; (31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted. (32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence. (33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school. (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 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 H. B. No. 190 Page 22 As Introduced 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. When submitting the plan under this division, the school shall also submit copies of all policies and procedures regarding internal financial controls adopted by the governing authority of the school. (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 monitoring, oversight, and technical assistance 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 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 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 H. B. No. 190 Page 23 As Introduced performance and the organization and operation of the community school on at least an annual basis; (3) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract; (4) 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; (5) 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 3314.02 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 H. B. No. 190 Page 24 As Introduced 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, 3301.0729, 3301.948, 3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.473, 3313.474, 3313.475, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.61, 3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 H. B. No. 190 Page 25 As Introduced 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, 3301.0729, 3301.948, 3302.037, 3313.474, 3313.475, 3313.5318, 3313.5319, 3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6029, 3313.617, 3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and 5502.262, and Chapter 3365. 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 3313.473, 3314.03, 3326.11, and 3328.24 of the Revised Code are hereby repealed. Section 3. This act shall be known as The Given Name Act. Section 4. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act: Section 3314.03 of the Revised Code as amended by H.B. 8, H.B. 214, H.B. 250, S.B. 104, S.B. 168, S.B. 208, and S.B. 234, all of the 135th General Assembly. Section 3326.11 of the Revised Code as amended by H.B. 8, 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 H. B. No. 190 Page 26 As Introduced H.B. 47, H.B. 214, S.B. 104, S.B. 168, S.B. 208, and S.B. 234, all of the 135th General Assembly. Section 3328.24 of the Revised Code as amended by both S.B. 208 and S.B. 234 of the 135th General Assembly. 709 710 711 712