Bill Text: OH HB479 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: And to amend Section 263.325 of Am. Sub. H.B. 59 of the 130th General Assembly to authorize the establishment of enterprise academy community schools that operate on an extended-day, year-round schedule, use competency-based mastery curriculum model, use blended learning for core subjects, and offer alternative college- and career-ready pathways and to give such schools priority for grants awarded under the Straight A Program.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2014-03-18 - To Education [HB479 Detail]

Download: Ohio-2013-HB479-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 479

Representative Butler 

Cosponsors: Representatives Terhar, Blair, Henne, Romanchuk 

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A BILL

To amend section 3314.06 and to enact sections

1

3314.0110, 3314.0111, and 3314.0112 of the Revised

2

Code and to amend Section 263.325 of Am. Sub. H.B.

3

59 of the 130th General Assembly to authorize the

4

establishment of enterprise academy community

5

schools that operate on an extended-day,

6

year-round schedule, use competency-based mastery

7

curriculum model, use blended learning for core

8

subjects, and offer alternative college- and

9

career-ready pathways and to give such schools

10

priority for grants awarded under the Straight A

11

Program.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 3314.06 be amended and sections	13
3314.0110, 3314.0111, and 3314.0112 of the Revised Code be enacted	14
to read as follows:	15

Sec. 3314.0110.  (A)(1) Notwithstanding anything in the	16
Revised Code to the contrary, a community school may be	17
established under this chapter as an enterprise academy, which	18
shall operate in accordance with this section. An enterprise	19
academy community school may be established in any school district	20
or, by a consortium of adjacent school districts, with a	21
population of not less than fifteen thousand persons entitled to	22
attend school under section 3314.64 or 3314.65 of the Revised	23
Code. Unless otherwise specified in this section, each enterprise	24
academy community school shall comply with all provisions of this	25
chapter.	26

(2) Each enterprise academy community school shall be	27
administered by a governing authority as described in division (E)	28
of section 3314.02 of the Revised Code, which shall be selected by	29
the board of education of the school district, or by the boards of	30
the districts of the consortium, for which the school is	31
established. Each academy shall have a sponsor, which shall be one	32
of the entities described in division (C)(1) of section 3314.02 of	33
the Revised Code. The governing authority and the sponsor shall	34
enter into a contract, as prescribed by section 3314.03 of the	35
Revised Code, which shall describe the differentiated nature of	36
the school's instructional program and prescribe an academic	37
accountability plan.	38

(3) For each enterprise academy, the board of education of	39
the school district, or the boards of the districts of the	40
consortium, for which the school is established shall complete a	41
site selection process in order to determine the location for the	42
school. In making this determination, the board or boards shall	43
ensure that the location for the school and the neighborhood	44
surrounding the school is generally considered safe for students.	45

(B) Each enterprise academy community school shall operate on	46
a year-round schedule under which the school shall be open for	47
instruction with students in attendance in each month of the	48
school year for two hundred and twenty days. Each school day shall	49
consist of not less than nine clock hours with students in	50
attendance, except in such emergency situations as are approved by	51
the state board of education.	52

Each enterprise academy community school shall provide	53
instruction for students of school age, as prescribed by division	54
(B) of section 3313.64 of the Revised Code, and to preschool age	55
children, as provided in division (C)(3) of this section.	56

Transportation to and from the school for school age children	57
shall be provided in accordance with section 3314.09 or 3314.091	58
of the Revised Code. Transportation for preschool age children may	59
be provided by the school in accordance with a plan adopted by the	60
school's governing authority.	61

(C)(1) Each enterprise academy community school is exempted	62
from the Ohio core curriculum prescribed by division (C) of	63
section 3313.603 of the Revised Code. The curriculum of the school	64
shall be developed by the governing authority. The pace of	65
completion of the curriculum shall be individualized for each	66
student. Each enterprise academy community school shall provide	67
competency, mastery-based, and blended learning opportunities so	68
that completing the high school curriculum and transitioning to	69
earning an associate degree is as seamless as possible. As used in	70
this section, "blended learning" has the same meaning as in	71
section 3301.079 of the Revised Code.	72

At a minimum, the curriculum shall include all of the	73
following:	74

(a) "Core requirement" courses, which shall provide students	75
with the ability to score at or above the proficient level, as	76
determined by the state board pursuant to division (A)(2)(b) of	77
section 3301.0710 of the Revised Code, on the state achievement	78
assessments prescribed by section 3301.0710 of the Revised Code;	79

(b) Courses on citizenship, entrepreneurship, and financial	80
literacy. Each governing authority may use either the academic	81
content standards developed by the state board of education under	82
section 3301.079 of the Revised Code or may develop its own	83
standards for these courses.	84

(c) Supervised vigorous physical activity, to be provided in	85
a manner prescribed by the governing authority. Participation in	86
varsity athletics shall be considered as satisfying this	87
requirement.	88

(d) Study hall and mentorship, which shall account for not	89
less than one clock hour per school day. Each study hall shall be	90
staffed by a qualified teacher and may include mentorship	91
activities such as career counseling. Mentorship may be provided	92
by private organizations, including, but not limited to, big	93
brothers big sisters or similar organizations.	94

(e) Courses beyond the core requirement courses, depending	95
upon the progress of each individual student. The course content	96
and the manner in which these courses are offered shall be left to	97
the discretion of the governing authority.	98

(f) Participation in a dual enrollment program, as defined by	99
section 3301.6013 of the Revised Code. Participation shall be in	100
one of the following programs:	101

(i) The post-secondary enrollment options program established	102
under Chapter 3365. of the Revised Code. Students may enroll only	103
in courses that will further college or career readiness as	104
determined by the chancellor of the Ohio board of regents and the	105
superintendent of public instruction.	106

(ii) Another dual enrollment program in an agricultural,	107
industrial, vocational, or trade school or obtainment of an	108
industry certification or apprenticeship in any field.	109

To the extent possible, instruction in dual enrollment	110
programs under division (C)(1)(f) of this section shall be	111
provided on-site at the enterprise academy community school.	112

The chancellor and the superintendent of public instruction	113
jointly shall adopt rules prescribing standards for and	114
administration of these programs. The rules shall require all	115
state institutions of higher education, as defined in section	116
3345.011 of the Revised Code, to accept and award credit for any	117
course offered at the enterprise academy community school under	118
the post-secondary enrollment options program.	119

Each enterprise academy may enter into partnerships with	120
applicable institutions and groups, including, but not limited to,	121
institutions of higher education and agricultural, industrial,	122
vocational, and trade schools. These programs shall be funded by	123
the chancellor with funds as appropriated by the general assembly.	124

(2) A combination of technology-based instruction, including	125
internet- or computer-based instruction, and classroom-based	126
instruction shall be provided to each student. Students shall be	127
grouped according to age, but shall not be assigned traditional	128
grade levels. Teachers shall permit each student to advance	129
through the curriculum at the student's own pace.	130

(3) All-day kindergarten, as defined in section 3321.05 of	131
the Revised Code, and early childhood education for children who	132
are toilet-trained and at least two and one-half years old shall	133
be provided at each enterprise academy community school. Early	134
childhood education shall be funded, to the extent possible, by	135
federal funding allocated for daycare and early childhood	136
education initiatives and by such other programs authorized by	137
state law. For purposes of this section, a "toilet-trained" child	138
is one who no longer requires the use of diapers, training pants,	139
or disposable pull-up underwear.	140

(4) Students with disabilities shall be provided with special	141
education and related services in accordance with Chapter 3323. of	142
the Revised Code.	143

(5) Notwithstanding anything to the contrary in the Revised	144
Code, an enterprise academy community school shall grant course	145
credit to any student who does not complete a course of	146
instruction but who demonstrates competency in that course's	147
subject matter by way of attaining a score, as determined by the	148
department of education, in any of the assessments required under	149
division (A) or (B)(1) of section 3301.0710 or division (B)(2) of	150
section 3301.0712 of the Revised Code. For purposes of division	151
(C)(5) of this section, if an assessment is not administered under	152
those sections for a core requirement course subject or for a	153
specific grade level, or both, the department of education shall	154
develop or select an assessment, and score range, by which a	155
student may demonstrate competency in that subject at that grade	156
level for course credit.	157

(D) Notwithstanding anything in the Revised Code to the	158
contrary, each full-time teacher employed by an enterprise academy	159
community school shall be paid not less than eighty-five thousand	160
dollars per school year.	161

(E) Annually, on the same dates designated by the	162
superintendent of public instruction under division (C) of section	163
3301.0710 of the Revised Code for the spring administration of the	164
state achievement assessments, each enterprise academy community	165
school shall report the percentage of students who have earned	166
course credit under division (C)(5) of this section by age and	167
highest grade level of competency.	168

(F) Notwithstanding anything to the contrary in section	169
3314.05 of the Revised Code, an enterprise academy community	170
school may offer classes and operate in separate buildings under	171
the same contract.	172

Sec. 3314.0111.  (A) Annually the department of education	173
shall report for each enterprise academy community school	174
established under section 3314.0110 of the Revised Code both of	175
the following components:	176

(1) For the college-ready component, the percentage of	177
students who attend a college or university within one year after	178
graduation and who complete a bachelor's degree within three years	179
of graduation from the academy;	180

(2) For the career-ready component, the percentage of	181
students who earn not less than two hundred per cent of the	182
minimum wage, as defined in Chapter 4111. of the Revised Code,	183
within one year after graduation from the academy and the	184
percentage of students who earn not less than two hundred fifty	185
per cent of the minimum wage within three years after graduation	186
from the academy.	187

(B) The department of education shall annually report a	188
letter grade for both the college- and the career-ready component	189
defined in division (A) of this section for each enterprise	190
academy. The state board of education shall prescribe benchmarks	191
based upon the criteria in division (A) of this section for the	192
assignment of these letter grades.	193

(C) No enterprise academy community school shall receive a	194
building or district grade as prescribed by sections 3302.03 and	195
3314.012 or section 3314.017 of the Revised Code.	196

Sec. 3314.0112.  The state board of education, through the	197
department of education, shall appoint the director of enterprise	198
academy community schools, who shall serve at the pleasure of the	199
state board and shall oversee the operations of enterprise	200
academies established under section 3314.0110 of the Revised Code.	201

Sec. 3314.06.  The governing authority of each community	202
school established under this chapter shall adopt admission	203
procedures that specify the following:	204

(A) That, except as otherwise provided in this section,	205
admission to the school shall be open to any individual age five	206
to twenty-two entitled to attend school pursuant to section	207
3313.64 or 3313.65 of the Revised Code in a school district in the	208
state.	209

Additionally, except as otherwise provided in this section,	210
admission to the school may be open on a tuition basis to any	211
individual age five to twenty-two who is not a resident of this	212
state. The school shall not receive state funds under section	213
3314.08 of the Revised Code for any student who is not a resident	214
of this state.	215

An individual younger than five years of age may be admitted	216
to the school in accordance with division (A)(2) of section	217
3321.01 of the Revised Code. The school shall receive funds for an	218
individual admitted under that division in the manner provided	219
under section 3314.08 of the Revised Code.	220

An individual younger than five years of age, but at least	221
two and one-half years of age, may be admitted to an enterprise	222
academy community school established under section 3314.0110 of	223
the Revised Code, in accordance with division (C)(3) of that	224
section.	225

(B)(1) That admission to the school may be limited to	226
students who have attained a specific grade level or are within a	227
specific age group; to students that meet a definition of	228
"at-risk," as defined in the contract; to residents of a specific	229
geographic area within the district, as defined in the contract;	230
or to separate groups of autistic students and nondisabled	231
students, as authorized in section 3314.061 of the Revised Code	232
and as defined in the contract.	233

(2) For purposes of division (B)(1) of this section,	234
"at-risk" students may include those students identified as gifted	235
students under section 3324.03 of the Revised Code.	236

(C) Whether enrollment is limited to students who reside in	237
the district in which the school is located or is open to	238
residents of other districts, as provided in the policy adopted	239
pursuant to the contract.	240

(D)(1) That there will be no discrimination in the admission	241
of students to the school on the basis of race, creed, color,	242
disability, or sex except that:	243

(a) The governing authority may do either of the following	244
for the purpose described in division (G) of this section:	245

(i) Establish a single-gender school for either sex;

246

(ii) Establish single-gender schools for each sex under the	247
same contract, provided substantially equal facilities and	248
learning opportunities are offered for both boys and girls. Such	249
facilities and opportunities may be offered for each sex at	250
separate locations.	251

(b) The governing authority may establish a school that	252
simultaneously serves a group of students identified as autistic	253
and a group of students who are not disabled, as authorized in	254
section 3314.061 of the Revised Code. However, unless the total	255
capacity established for the school has been filled, no student	256
with any disability shall be denied admission on the basis of that	257
disability.	258

(2) That upon admission of any student with a disability, the	259
community school will comply with all federal and state laws	260
regarding the education of students with disabilities.	261

(E) That the school may not limit admission to students on	262
the basis of intellectual ability, measures of achievement or	263
aptitude, or athletic ability, except that a school may limit its	264
enrollment to students as described in division (B) of this	265
section.	266

(F) That the community school will admit the number of	267
students that does not exceed the capacity of the school's	268
programs, classes, grade levels, or facilities.	269

(G) That the purpose of single-gender schools that are	270
established shall be to take advantage of the academic benefits	271
some students realize from single-gender instruction and	272
facilities and to offer students and parents residing in the	273
district the option of a single-gender education.	274

(H) That, except as otherwise provided under division (B) of	275
this section or section 3314.061 of the Revised Code, if the	276
number of applicants exceeds the capacity restrictions of division	277
(F) of this section, students shall be admitted by lot from all	278
those submitting applications, except preference shall be given to	279
students attending the school the previous year and to students	280
who reside in the district in which the school is located.	281
Preference may be given to siblings of students attending the	282
school the previous year.	283

Notwithstanding divisions (A) to (H) of this section, in the	284
event the racial composition of the enrollment of the community	285
school is violative of a federal desegregation order, the	286
community school shall take any and all corrective measures to	287
comply with the desegregation order.	288

Section 2. That existing section 3314.06 of the Revised Code	289
is hereby repealed.	290

Section 3. That Section 263.325 of Am. Sub. H.B. 59 of the	291
130th General Assembly be amended to read as follows:	292

Sec. 263.325. (A) The Straight A Program is hereby created	293
for fiscal years 2014 and 2015 to provide grants to city, local,	294
exempted village, and joint vocational school districts,	295
educational service centers, community schools established under	296
Chapter 3314., STEM schools established under Chapter 3326.,	297
college-preparatory boarding schools established under Chapter	298
3328. of the Revised Code, individual school buildings, education	299
consortia (which may represent a partnership among school	300
districts, school buildings, community schools, or STEM schools),	301
institutions of higher education, and private entities partnering	302
with one or more of the educational entities identified in this	303
division for projects that aim to achieve significant advancement	304
in one or more of the following goals:	305

(1) Student achievement;

306

(2) Spending reduction in the five-year fiscal forecast	307
required under section 5705.391 of the Revised Code;	308

(3) Utilization of a greater share of resources in the	309
classroom.	310

(B)(1) Grants shall be awarded by a nine-member governing	311
board consisting of the Superintendent of Public Instruction, or	312
the Superintendent's designee, four members appointed by the	313
Governor, two members appointed by the Speaker of the House of	314
Representatives, and two members appointed by the President of the	315
Senate. The Department of Education shall provide administrative	316
support to the board. No member shall be compensated for the	317
member's service on the board.	318

(2) The board shall select grant advisors with fiscal	319
expertise and education expertise. These advisors shall evaluate	320
proposals from grant applicants and advise the staff administering	321
the program. No advisor shall be compensated for this service.	322

(3) The board shall issue an annual report to the Governor,	323
the Speaker of the House of Representatives, the President of the	324
Senate, and the chairpersons of the House and Senate committees	325
that primarily deal with education regarding the types of grants	326
awarded, the grant recipients, and the effectiveness of the grant	327
program.	328

(4) The board shall create a grant application and publish on	329
the Department's web site the application and timeline for the	330
submission, review, notification, and awarding of grant proposals.	331

(5) With the approval of the board, the Department shall	332
establish a system for evaluating and scoring the grant	333
applications received under this section.	334

(C) Each grant applicant shall submit a proposal that	335
includes all of the following:	336

(1) A description of the project for which the applicant is	337
seeking a grant, including a description of how the project will	338
have substantial value and lasting impact;	339

(2) An explanation of how the project will be	340
self-sustaining. If the project will result in increased ongoing	341
spending, the applicant shall show how the spending will be offset	342
by verifiable, credible, permanent spending reductions.	343

(3) A description of quantifiable results of the project that	344
can be benchmarked.	345

If an education consortia described in division (A) of this	346
section applies for a grant, the lead applicant shall be the	347
school district, school building, community school, or STEM school	348
that is a member of the consortia and shall so indicate on the	349
grant application.	350

(D)(1) Within seventy-five days after receiving a grant	351
application, the board shall issue a decision on the application	352
of "yes," "no," "hold," or "edit." In making its decision, the	353
board shall consider whether the project has the capability of	354
being replicated in other school districts and schools or creates	355
something that can be used in other districts and schools. A grant	356
awarded under this section to a school district, educational	357
service center, community school, STEM school, college-preparatory	358
boarding school, individual school building, institution of higher	359
education, or private entity partnering with one or more of the	360
educational entities identified in division (A) of this section	361
shall not exceed $5,000,000 in each fiscal year. A grant awarded	362
to an education consortia shall not exceed $15,000,000 in each	363
fiscal year. The Superintendent of Public Instruction may make	364
recommendations to the Controlling Board that these maximum	365
amounts be exceeded. Upon Controlling Board approval, grants may	366
be awarded in excess of these amounts.	367

(2) If the board issues a "hold" or "edit" decision for an	368
application, it shall, upon returning the application to the	369
applicant, specify the process for reconsideration of the	370
application. An applicant may work with the grant advisors and	371
staff to modify or improve a grant application.	372

(E) Upon deciding to award a grant to an applicant, the board	373
shall enter into a grant agreement with the applicant that	374
includes all of the following:	375

(1) The content of the applicant's proposal as outlined under	376
division (C) of this section;	377

(2) The project's deliverables and a timetable for their	378
completion;	379

(3) Conditions for receiving grant funding;

380

(4) Conditions for receiving funding in future years if the	381
contract is a multi-year contract;	382

(5) A provision specifying that funding will be returned to	383
the board if the applicant fails to implement the agreement, as	384
determined by the Auditor of State.	385

(6) A provision specifying that the agreement may be amended	386
by mutual agreement between the board and the applicant.	387

(F) An advisory committee for the Straight A Program is	388
hereby established. The committee shall consist of not more than	389
eleven members appointed by the Governor that represent all areas	390
of the state and different interests. The committee shall annually	391
review the Straight A Program and provide strategic advice to the	392
governing board and the Director of the Governor's Office of 21st	393
Century Education.	394

(G) Each grant awarded under this section shall be subject to	395
approval by the Controlling Board prior to execution of the grant	396
agreement.	397

(H) Notwithstanding anything to the contrary, a grant	398
application submitted under this section within the applicable	399
timeline by an enterprise academy community school, established	400
under section 3314.0110 of the Revised Code, shall be considered	401
by the board to automatically meet the goals of the program	402
described in division (A) of this section. In reviewing the grant	403
applications, the board shall first consider all grants submitted	404
by enterprise academy community schools and shall issue a decision	405
for each application pursuant to division (D)(1) of this section.	406
Notwithstanding division (D)(1) of this section, grants awarded to	407
enterprise academy community schools shall not exceed $3,000,000.	408

Section 4. That existing Section 263.325 of Am. Sub. H.B. 59	409
of the 130th General Assembly is hereby repealed.	410

Section 5. In order to achieve the primary goals of the State	411
of Ohio's education system, enterprise academy community schools	412
shall be established to ensure that students are provided with an	413
alternative pathway to be adequately prepared for success in	414
college or in the career of their choice. In order to obtain this	415
success, the purpose of such schools is to do all of the	416
following:	417

(A) Produce the best informed, strongest citizens in Ohio and	418
in the nation;	419

(B) Generate the most competitive graduates in the nation and	420
attract businesses to locate their operations in Ohio;	421

(C) Help students graduate with both a high school diploma	422
and an associate's degree at the time of graduation from the	423
enterprise academy in order to minimize debt incurred for higher	424
education;	425

(D) Ensure that all graduates find well-paying and stable	426
jobs that are capable of supporting a family.	427

Section 6. If a new start-up community school is established	428
as an enterprise academy, in accordance with section 3314.0110 of	429
the Revised Code, and initially opens for operation in the	430
2014-2015 school year, the school's governing authority and the	431
governing board of the school's sponsor shall not be subject to	432
the deadlines prescribed by division (D) of section 3314.02 of the	433
Revised Code for adoption and signing of the contract entered into	434
under section 3314.03 of the Revised Code, but those parties shall	435
adopt and sign the contract, and file a copy of it with the	436
Superintendent of Public Instruction, prior to the school's	437
opening.	438