Text of OH HB 722 (2022)

Regular Session H. B. No. To amend sections section the "Parents' Bill of Rights" to require public schools to adopt a prescribed policy on parental notification on student health and well-being and instructional materials with sexually explicit content. Section and section follows: Sec. 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) Notify the parents of students prior to instruction involving materials that include sexually explicit content and identify the specific instructional material and sexually explicit subjects; H. B. No. (b) Allow the parent of a student to review instructional material that includes sexually explicit content and, at the parent's request, provide that student with alternative instruction that does not include sexually explicit content. (2) Notify a student's parent of any change in the student's 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 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 involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. However, the policy shall permit school district personnel to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect; that belief shall not be based on a parent's religious or political beliefs. (4) At the beginning of the school year, notify parents of H. B. No. each health care service offered at their student's school and work with parents to create a health care plan for each student that is approved by the student's parent. (5) Permit a parent to file with the school district a written concern regarding a topic addressed in this section. The policy shall establish a process 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. (B) As used in this section: (1) "Parent" has the same meaning as in section the Revised Code. (2) "Sexually explicit content" means any description of or any picture, photograph, drawing, motion picture film, digital image, or similar visual representation depicting sexual conduct. Sec. 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 H. B. No. 2003; (b) A public benefit corporation established under Chapter 1702. of the Revised Code, if established after April (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 or school will be evaluated by the sponsor; (5) The admission standards of section Revised Code and, if applicable, section 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; (8) Requirements for financial audits by the auditor of H. B. No. 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 teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections that a community school may engage noncertificated persons to teach up to twelve hours or forty hours per week pursuant to section (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 H. B. No. 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 109.65, 3301.0711, 3313.472, 3313.609, 3313.6024, 3313.66, 3313.669, 3313.69, 3313.721, 3313.86, 3319.238, 3319.41, 3321.13, 3327.10, Chapters and and will comply with section the manner specified in section (e) The school shall comply with Chapter 2921.42 of the Revised Code. (f) The school will comply with sections 3313.611, Revised Code, except that for students who enter ninth grade for H. B. No. the first time before July 3313.61 and 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 and complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in section 3313.603 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 state board of education under divisions (J)(1) and (2) of section 2019 school year, the school shall comply with the framework for granting units of high school 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 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 H. B. No. 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 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 and Reinvestment Act of the school will pay teachers based upon performance in accordance 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 of education under sections to sections standards for preschool programs prescribed in rules adopted by the state board under section (k) The school will comply with sections 3313.6023 of the Revised Code as if it were a school district unless it is either of the following: (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 (A)(4)(b) of section (l) The school will comply with section Revised Code, unless it is an internet- or computer-based community school that is subject to section H. B. No. 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 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 H. B. No. 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 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 (21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section (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 H. B. No. school under section 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 Revised Code; (24) The school will comply with sections 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 (25) Beginning in the 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 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 H. B. No. (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 of education, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 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 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; (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. H. B. No. (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 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; H. B. No. (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 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 of education under division (B) of section 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 H. B. No. 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 terminate the contract of the school pursuant to section 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 and (F) If a community school fails to open for operation within one year after the contract entered into under this H. B. No. section is adopted pursuant to division (D) of section 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. mathematics school established under this chapter and its governing body shall comply with sections 121.22, 3301.0714, 3313.15, 3313.473, 3313.5310, 3313.6020, 3313.611, 3313.643, 3313.666, 3313.671, 3313.718, 3313.814, 3313.96, 3319.318, 3319.393, 3321.01, 3321.18, 5502.262, 2744., 4167. of the Revised Code as if it were a school district. Section H. B. No. the Revised Code are hereby repealed. Section of Rights."