| (d) The school will comply with
sections 9.90, 9.91, 109.65,
| 64 |
|
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
| 65 |
|
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
| 66 |
|
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66,
| 67 |
|
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
| 68 |
|
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80,
| 69 |
|
3313.96,
3319.073, 3319.321,
3319.39, 3319.391, 3319.41, 3321.01,
| 70 |
|
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191, 3327.10, | 71 |
|
4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., | 72 |
|
3365.,
3742., 4112., 4123.,
4141.,
and
4167. of
the Revised Code
| 73 |
|
as if
it were a
school
district
and
will comply with section
| 74 |
|
3301.0714
of the
Revised
Code in the
manner specified in section
| 75 |
|
3314.17 of
the
Revised
Code.
| 76 |
| (f) The school will comply with sections 3313.61,
3313.611,
| 79 |
|
and 3313.614 of the Revised Code, except that for students who
| 80 |
|
enter ninth grade for the first time before July 1, 2010, the
| 81 |
|
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
| 82 |
|
that a person
must successfully
complete the curriculum
in
any
| 83 |
|
high school prior
to receiving a
high school diploma may be
met by
| 84 |
|
completing the
curriculum adopted by the
governing
authority of
| 85 |
|
the community
school
rather than the curriculum
specified in Title
| 86 |
|
XXXIII of the
Revised Code or any rules of the
state board of
| 87 |
|
education. Beginning with students who enter ninth grade for the
| 88 |
|
first time on or after July 1, 2010, the requirement in sections
| 89 |
|
3313.61 and 3313.611 of the Revised Code that a person must
| 90 |
|
successfully complete the curriculum of a high school prior to
| 91 |
|
receiving a high school diploma shall be met by completing the
| 92 |
|
Ohio core curriculum prescribed in division (C) of section
| 93 |
|
3313.603 of the Revised Code, unless the person qualifies under
| 94 |
|
division (D) or (F) of that section. Each school shall comply with
| 95 |
|
the plan for awarding high school credit based on demonstration of
| 96 |
|
subject area competency, adopted by the state board of education
| 97 |
|
under division (J) of section 3313.603 of the Revised Code.
| 98 |
| (15) A financial plan detailing an estimated school budget
| 116 |
|
for each year
of the period of the contract and specifying the
| 117 |
|
total estimated per pupil
expenditure amount for each such year.
| 118 |
|
The plan shall specify for
each year the base formula amount
that
| 119 |
|
will be used for purposes of funding calculations under section
| 120 |
|
3314.08
of the Revised Code. This base formula amount for any
| 121 |
|
year
shall not exceed
the formula amount defined under section
| 122 |
|
3317.02
of the Revised Code. The plan may also
specify for any
| 123 |
|
year a
percentage figure to be used for reducing the per pupil
| 124 |
|
amount of
the subsidy calculated pursuant to
section 3317.029 of | 125 |
|
the Revised
Code the school is to
receive that
year under section | 126 |
|
3314.08 of
the Revised Code.
| 127 |
| (17) Whether the school is to be created by
converting all
or
| 131 |
|
part of an existing public school or educational service center
| 132 |
|
building or is to be a new start-up
school, and if it is a
| 133 |
|
converted public school or service center building, specification
| 134 |
|
of
any duties or
responsibilities of an employer that the board of
| 135 |
|
education or service center governing board that operated the
| 136 |
|
school or building before conversion is delegating
to the
| 137 |
|
governing authority of the community
school with respect to
all
| 138 |
|
or any specified group of employees provided the
delegation is
| 139 |
|
not
prohibited by a collective bargaining agreement applicable
to
| 140 |
|
such
employees;
| 141 |
| (25) Beginning in the 2006-2007 school year, the school will
| 188 |
|
open for operation not later than the thirtieth day of September
| 189 |
|
each school year, unless the mission of the school as specified
| 190 |
|
under division (A)(2) of this section is solely to serve dropouts.
| 191 |
|
In its initial year of operation, if the school fails to open by
| 192 |
|
the thirtieth day of September, or within one year after the
| 193 |
|
adoption of the contract pursuant to division (D) of section
| 194 |
|
3314.02 of the Revised Code if the mission of the school is solely
| 195 |
|
to serve dropouts, the contract shall be void.
| 196 |
|
(E) Upon the expiration of a
contract entered into under
this
| 247 |
|
section, the sponsor of a
community school may, with the
approval
| 248 |
|
of the governing authority
of the school, renew that
contract for
| 249 |
|
a period of time determined by the sponsor, but not
ending earlier
| 250 |
|
than the end of any school year, if the sponsor
finds that the
| 251 |
|
school's compliance with applicable laws and terms
of the contract
| 252 |
|
and the school's progress in meeting the academic
goals prescribed
| 253 |
|
in the contract have been satisfactory. Any
contract that is
| 254 |
|
renewed
under this division remains subject to
the provisions of
| 255 |
|
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
| 256 |
| (F) If a community school fails to open for operation within
| 257 |
|
one year after the contract entered into under this section is
| 258 |
|
adopted pursuant to division (D) of section 3314.02 of the Revised
| 259 |
|
Code or permanently closes prior to the expiration of the
| 260 |
|
contract, the contract shall be void and the school shall not
| 261 |
|
enter into a contract with any other sponsor. A school shall not
| 262 |
|
be considered permanently closed because the operations of the
| 263 |
|
school have been suspended pursuant to section 3314.072 of the
| 264 |
|
Revised Code. Any contract that becomes void under this division
| 265 |
|
shall not count toward any statewide limit on the number of such
| 266 |
|
contracts prescribed by section 3314.013 of the Revised Code.
| 267 |
| (A) The state board of education shall issue educational
aide | 274 |
|
permits and educational paraprofessional licenses for
educational | 275 |
|
assistants and shall adopt rules for
the issuance and
renewal of | 276 |
|
such permits and licenses
which shall be consistent
with the | 277 |
|
provisions of this section. Educational aide permits and | 278 |
|
educational
paraprofessional licenses may be of several types and | 279 |
|
the
rules shall prescribe the minimum qualifications of
education, | 280 |
|
health, and character for the service to be authorized under each | 281 |
|
type. The prescribed minimum
qualifications may require special | 282 |
|
training or educational
courses designed to qualify a person to | 283 |
|
perform effectively the
duties authorized under an educational | 284 |
|
aide permit or educational
paraprofessional license. | 285 |
| (C) Educational assistants shall at all times while in
the | 299 |
|
performance of their duties be under the supervision and
direction | 300 |
|
of a teacher as defined in section 3319.09 of the
Revised Code. | 301 |
|
Educational assistants may assist a teacher
to whom assigned in | 302 |
|
the supervision of pupils, in assisting with
instructional tasks, | 303 |
|
and in the performance of duties which, in
the judgment of the | 304 |
|
teacher to whom the assistant is
assigned, may be performed by a | 305 |
|
person not licensed
pursuant to sections
3319.22 to 3319.30 of the | 306 |
|
Revised Code and for which a teaching
license, issued pursuant to | 307 |
|
sections 3319.22 to
3319.30 of
the Revised Code is not required. | 308 |
|
The duties of an educational
assistant shall not include the | 309 |
|
assignment of grades
to
pupils. The duties of an educational | 310 |
assistantsassistant need not
be performed in the physical | 311 |
|
presence of the
teacher to whom assigned, but the
activity of an | 312 |
|
educational
assistant shall at all times be
under the direction of | 313 |
|
the teacher
to whom assigned. The assignment of an
educational | 314 |
|
assistant need
not be limited to assisting a
single teacher. In | 315 |
|
the event an
educational assistant is
assigned to assist more than | 316 |
|
one teacher
the assignments shall be clearly
delineated and so | 317 |
|
arranged that
the educational assistant
shall never be subject to | 318 |
|
simultaneous
supervision or direction by more than
one teacher. | 319 |
| Except when expressly permitted solely for the purposes
of | 325 |
|
section 3317.029 of the Revised Code, educational assistants may | 326 |
|
not be used in place
of
classroom
teachers or other employees and | 327 |
|
any payment of compensation by
boards of education to educational | 328 |
|
assistants for such
services is
prohibited. The ratio between the | 329 |
|
number of
licensed teachers and the pupils in a school district | 330 |
|
may not be
decreased
by utilization of educational assistants and | 331 |
|
no grouping,
or other
organization of pupils, for utilization of | 332 |
|
educational
assistants shall be established which is inconsistent | 333 |
|
with sound
educational
practices and procedures. A school
district | 334 |
|
may employ up to one
full time equivalent educational
assistant | 335 |
|
for each six
full time
equivalent licensed employees of
the | 336 |
|
district.
Educational assistants shall not be counted as
licensed | 337 |
|
employees for purposes
of state support in the school
foundation | 338 |
|
program and no grouping
or regrouping of pupils with
educational | 339 |
|
assistants may be
counted as a class or unit for
school foundation | 340 |
|
program purposes. Neither
special courses
required by the | 341 |
|
regulations of the state board of
education,
prescribing minimum | 342 |
|
qualifications of education for an
educational
assistant, nor | 343 |
|
years of service as an
educational assistant shall
be counted in | 344 |
|
any way toward
qualifying for a teacher license, for
a teacher | 345 |
|
contract of any type, or for
determining placement on a
salary | 346 |
|
schedule in a school district
as a teacher. | 347 |
| Except as provided in this section nonteaching employees | 356 |
|
shall not serve as educational assistants without first
obtaining | 357 |
|
an appropriate educational aide permit or educational | 358 |
|
paraprofessional license from the state board of
education. A | 359 |
|
nonteaching employee who is the holder of a valid
educational aide | 360 |
|
permit or educational paraprofessional license shall
neither | 361 |
|
render nor be required to render services inconsistent with the | 362 |
|
type
of services authorized
by the permit or license held. No | 363 |
|
person shall receive compensation
from a
board of education for | 364 |
|
services rendered as an educational
assistant
in violation of this | 365 |
|
provision. | 366 |
| Nonteaching employees whose functions are solely | 367 |
|
secretarial-clerical and who do not perform any other duties as | 368 |
|
educational assistants, even though they assist a teacher
and work | 369 |
|
under the direction of a teacher shall not be required to hold a | 370 |
|
permit or license issued pursuant to this section. Students | 371 |
|
preparing
to become licensed teachers or educational
assistants | 372 |
|
shall not be
required to hold an educational aide permit or | 373 |
|
paraprofessional license
for such periods of
time as such students | 374 |
|
are assigned, as part of their training
program, to work with a | 375 |
|
teacher in a school district. Such
students shall not be | 376 |
|
compensated for such services. | 377 |
| (E) No person who is, or who has been employed as an | 386 |
|
educational assistant shall divulge, except to the teacher
to whom | 387 |
|
assigned, or the administrator of the school in the absence of
the | 388 |
|
teacher to whom assigned, or when required to testify in a
court | 389 |
|
or proceedings, any personal information concerning any
pupil in | 390 |
|
the school district which was obtained or obtainable by
the | 391 |
|
educational assistant while so employed. Violation of
this | 392 |
|
provision is grounds for disciplinary action or dismissal, or | 393 |
|
both. | 394 |
Sec. 3319.41. (A)(1) Beginning September 1, 1994, and
except | 395 |
as provided in division (C) of this section, noNo person
employed | 396 |
|
or engaged as a teacher, principal, administrator,
nonlicensed | 397 |
|
school employee, or bus driver in a public or chartered nonpublic | 398 |
|
school
may inflict or
cause to be inflicted corporal punishment | 399 |
as a
means of discipline
upon a pupil attending such school, | 400 |
unless
the board of education
of the school district in which the | 401 |
school
is located adopts a
resolution no later than September 1, | 402 |
1994,
to permit corporal
punishment as a means of discipline and | 403 |
does
not adopt a
resolution prohibiting corporal punishment | 404 |
pursuant
to division
(B) of this section. No board shall adopt a | 405 |
resolution permitting
corporal punishment before receiving and | 406 |
studying the report of
the local discipline task force appointed | 407 |
under division (A)(2) of
this section. | 408 |
(2) The board of education of each city, local, exempted | 409 |
village, and joint vocational school district that has not
adopted | 410 |
a rule prohibiting corporal punishment under section
3313.20 of | 411 |
the Revised Code prior to the effective date of this
amendment | 412 |
shall appoint, and any board that has adopted a rule
under that | 413 |
section prior to the effective date of this amendment
may appoint, | 414 |
no later than April 1, 1994, a local discipline task
force to | 415 |
conduct a study of effective discipline measures that
are | 416 |
appropriate for that school district. Members of the task
force | 417 |
shall include teachers, administrators, nonlicensed
school | 418 |
employees, school psychologists, members of the medical | 419 |
profession, pediatricians when available, and representatives of | 420 |
parents' organizations. | 421 |
The task force shall hold meetings regularly. All meetings
of | 422 |
the task force shall be open to the public and at least one of
the | 423 |
meetings shall be for the purpose of inviting public | 424 |
participation. The board of education shall provide public
notice | 425 |
of any public meeting of the task force in newspapers or
other | 426 |
periodicals of general circulation in the school district.
The | 427 |
task force shall report its findings and recommendations in | 428 |
writing to the board of education no later than July 15, 1994.
The | 429 |
task force's written report must be available for inspection
by | 430 |
the public at the board's offices for at least five years
after | 431 |
being submitted to the board. | 432 |
(B)(1) At any time after September 1, 1996, the board of | 433 |
education of any city, local, exempted village, or joint | 434 |
vocational school district in which corporal punishment is | 435 |
permitted may adopt a resolution to prohibit corporal punishment. | 436 |
After the adoption of a resolution prohibiting corporal
punishment | 437 |
pursuant to division (B)(1) of this section, the board
of | 438 |
education of any city, local, exempted village, or joint | 439 |
vocational school district may adopt a resolution permitting | 440 |
corporal punishment after complying with division (B)(3) of this | 441 |
section. | 442 |
(b) Any board of education described in division (B)(1) or | 458 |
(2) of this section that intends to adopt a resolution permitting | 459 |
corporal punishment as a means of discipline shall appoint a | 460 |
secondary local discipline task force to conduct a study of | 461 |
effective discipline measures that are appropriate for that
school | 462 |
district. Membership on the secondary local discipline
task force | 463 |
shall consist of the same types of persons that are
required to be | 464 |
included as members of the local discipline task
force pursuant to | 465 |
division (A)(2) of this section. The secondary
local discipline | 466 |
task force shall follow the same procedures with
respect to | 467 |
holding meetings, the provision of public notice, and
the | 468 |
production and inspection of a written report of findings and | 469 |
recommendations that are applicable to the local discipline task | 470 |
force pursuant to division (A)(2) of this section, except that
the | 471 |
secondary local discipline task force is not required to
present | 472 |
its written report to the board of education on a date
that is no | 473 |
later than July 15, 1994. | 474 |
(E) A person employed or otherwise engaged as a teacher, | 491 |
principal, or administrator by a board of education permitting | 492 |
corporal punishment pursuant to division (A)(1) of this section
or | 493 |
by a nonpublic school, except as otherwise provided by the | 494 |
governing authority of the nonpublic school, may inflict or cause | 495 |
to be inflicted reasonable corporal punishment upon a pupil | 496 |
attending the school to which the person is assigned whenever
such | 497 |
punishment is reasonably necessary in order to preserve
discipline | 498 |
while the student is subject to school authority. | 499 |
(F) A board of education of a school district that permits | 500 |
the use of corporal punishment as a means of discipline pursuant | 501 |
to a resolution adopted by the board pursuant to division (A)(1) | 502 |
of this section shall permit as part of its discipline policy the | 503 |
parents, guardian, or custodian of a child that is attending any | 504 |
school within the school district to request that corporal | 505 |
punishment not be used as a means of discipline on that child; | 506 |
upon the receipt of a request of that nature, shall ensure that
an | 507 |
alternative disciplinary measure is applied with respect to
that | 508 |
child; and shall include a procedure for the exercise of
that | 509 |
option in the resolution adopted pursuant to division (A)(1)
of | 510 |
this section. | 511 |
(G) Persons employed or engaged as teachers, principals,
or | 512 |
|
administrators in a school, whether public or private, and | 513 |
|
nonlicensed school employees and school bus drivers may,
within | 514 |
|
the scope of their employment, use and apply such amount
of force | 515 |
|
and restraint as is reasonable and necessary to quell a | 516 |
|
disturbance threatening physical injury to others, to obtain | 517 |
|
possession of weapons or other dangerous objects upon the person | 518 |
|
or within the control of the pupil, for the purpose of | 519 |
|
self-defense, or for the protection of persons or property. | 520 |
| Sec. 3326.11. Each science, technology, engineering, and
| 521 |
|
mathematics school established under this chapter and its
| 522 |
|
governing body shall comply
with sections 9.90, 9.91, 109.65,
| 523 |
|
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
| 524 |
|
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
| 525 |
|
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
| 526 |
|
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013, 3313.6014,
| 527 |
|
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
| 528 |
|
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
| 529 |
|
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
| 530 |
|
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.32, | 531 |
|
3319.321, 3319.35, 3319.39,
3319.391, 3319.41, 3319.45,
3321.01,
| 532 |
|
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191,
3327.10, | 533 |
|
4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
| 534 |
|
2744.,
3307., 3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
| 535 |
|
4167. of
the Revised Code
as if it were
a school district.
| 536 |
