Ohio House Bill 164

Section 1. That sections 3313.601, 3314.03, 3326.11, and
 3328.24 be amended and sections 3320.01, 3320.02, and 3320.03 of
 the Revised Code be enacted to read as follows:

Sec. 3313.601. The board of education of each school
 district may provide for a moment of silence each school day for
 prayer, reflection, or meditation upon a moral, philosophical,
 or patriotic theme. No board of education, school, or employee
 of the school district shall require a pupil to participate in a
 moment of silence provided for pursuant to this section.

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No
board of education shall prohibit a classroom teacher from
 providing in the teacher's classroom reasonable periods of time
 for activities of a moral, philosophical, or patriotic theme. No
 pupil shall be required to participate in such activities if
 they are contrary to the religious convictions of the pupil or
 the pupil's parents or guardians.
 No board of education of a school district shall adopt any
 policy or rule respecting or promoting an establishment of
 religion or prohibiting any pupil from the free, individual, and
 voluntary exercise or expression of the pupil's religious
 beliefs in any primary or secondary school. The board of
 education may limit the exercise or expression of the pupil's
 religious beliefs as described in this section to lunch periods
 or other noninstructional time periods when pupils are free to
 associate.

Sec. 3314.03. A copy of every contract entered into under
 this section shall be filed with the superintendent of public
 instruction. The department of education shall make available on
 its web site a copy of every approved, executed contract filed
 with the superintendent under this section.

(A) Each contract entered into between a sponsor and the
 governing authority of a community school shall specify the
 following:

(1) That the school shall be established as either of the
 following:

(a) A nonprofit corporation established under Chapter
 1702. of the Revised Code, if established prior to April 8,
 2003;

(b) A public benefit corporation established under Chapter
 1702. of the Revised Code, if established after April 8, 2003.


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(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;

(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


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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 3319.22 to 3319.31 of the Revised Code, except
 that a community school may engage noncertificated persons to
 teach up to twelve hours per week pursuant to section 3319.301
 of the Revised Code.

(11) That the school will comply with the following
 requirements:

(a) The school will provide learning opportunities to a
 minimum of twenty-five students for a minimum of nine hundred
 twenty hours per school year.

(b) The governing authority will purchase liability
 insurance, or otherwise provide for the potential liability of
 the school.


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(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, 3313.472,
 3313.50, 3313.536, 3313.539, 3313.5310, 3313.608, 3313.609,
 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6020, 3313.643,
 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
 3313.667, 3313.668, 3313.67, 3313.671, 3313.672, 3313.673,
 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112,
 3313.721, 3313.80, 3313.814, 3313.816, 3313.817, 3313.86,
 3313.89, 3313.96, 3319.073, 3319.074, 3319.321, 3319.39,
 3319.391, 3319.41, 3319.46, 3320.01, 3320.02, 3320.03, 3321.01,
 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19,
 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.
 of the Revised Code as if it were a school district and will
 comply with section 3301.0714 of the Revised Code in the manner
 specified in section 3314.17 of the Revised Code.

(e) The school shall comply with Chapter 102. and section
 2921.42 of the Revised Code.

(f) The school will comply with sections 3313.61,
 3313.611, and 3313.614 of the Revised Code, except that for
 students who enter ninth grade for the first time before July 1,
 2010, the requirement in sections 3313.61 and 3313.611 of the
 Revised Code that a person must successfully complete the
 curriculum in any high school prior to receiving a high school
 diploma may be met by completing the curriculum adopted by the


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governing authority of the community school rather than the
 curriculum specified in Title XXXIII of the Revised Code or any
 rules of the state board of education. Beginning with students
 who enter ninth grade for the first time on or after July 1,
 2010, the requirement in sections 3313.61 and 3313.611 of the
 Revised Code that a person must successfully complete the
 curriculum of a high school prior to receiving a high school
 diploma shall be met by completing the requirements prescribed
 in division (C) of section 3313.603 of the Revised Code, unless
 the person qualifies under division (D) or (F) of that section.
 Each school shall comply with the plan for awarding high school
 credit based on demonstration of subject area competency, 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 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 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 computerbased community school, will comply with section 3313.801 of the
 Revised Code as if it were a school district.


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(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 of education 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 state board 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:

(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 3314.35 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;


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(15) A financial plan detailing an estimated school budget
 for each year of the period of the contract and specifying the
 total estimated per pupil expenditure amount for each such year.

(16) Requirements and procedures regarding the disposition
 of employees of the school in the event the contract is
 terminated or not renewed pursuant to section 3314.07 of the
 Revised Code;

(17) Whether the school is to be created by converting all
 or part of an existing public school or educational service
 center building or is to be a new start-up school, and if it is
 a converted public school or service center building,
 specification of any duties or responsibilities of an employer
 that the board of education or service center governing board
 that operated the school or building before conversion is
 delegating to the governing authority of the community school
 with respect to all or any specified group of employees provided
 the delegation is not prohibited by a collective bargaining
 agreement applicable to such employees;

(18) Provisions establishing procedures for resolving
 disputes or differences of opinion between the sponsor and the
 governing authority of the community school;

(19) A provision requiring the governing authority to
 adopt a policy regarding the admission of students who reside
 outside the district in which the school is located. That policy
 shall comply with the admissions procedures specified in
 sections 3314.06 and 3314.061 of the Revised Code and, at the
 sole discretion of the authority, shall do one of the following:

(a) Prohibit the enrollment of students who reside outside
 the district in which the school is located;


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(b) Permit the enrollment of students who reside in
 districts adjacent to the district in which the school is
 located;

(c) Permit the enrollment of students who reside in any
 other district in the state.

(20) A provision recognizing the authority of the
 department of education to take over the sponsorship of the
 school in accordance with the provisions of division (C) of
 section 3314.015 of the Revised Code;

(21) A provision recognizing the sponsor's authority to
 assume the operation of a school under the conditions specified
 in division (B) of section 3314.073 of the Revised Code;

(22) A provision recognizing both of the following:

(a) The authority of public health and safety officials to
 inspect the facilities of the school and to order the facilities
 closed if those officials find that the facilities are not in
 compliance with health and safety laws and regulations;

(b) The authority of the department of education as the
 community school oversight body to suspend the operation of the
 school under section 3314.072 of the Revised Code if the
 department has evidence of conditions or violations of law at
 the school that pose an imminent danger to the health and safety
 of the school's students and employees and the sponsor refuses
 to take such action.

(23) A description of the learning opportunities that will
 be offered to students including both classroom-based and nonclassroom-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;
 

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(24) The school will comply with sections 3302.04 and
 3302.041 of the Revised Code, except that any action required to
 be taken by a school district pursuant to those sections shall
 be taken by the sponsor of the school. However, the sponsor
 shall not be required to take any action described in division
 (F) of section 3302.04 of the Revised Code.

(25) Beginning in the 2006-2007 school year, the school
 will open for operation not later than the thirtieth day of
 September each school year, unless the mission of the school as
 specified under division (A)(2) of this section is solely to
 serve dropouts. In its initial year of operation, if the school
 fails to open by the thirtieth day of September, or within one
 year after the adoption of the contract pursuant to division (D)
 of section 3314.02 of the Revised Code if the mission of the
 school is solely to serve dropouts, the contract shall be void.

(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 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 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;


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(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;

(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.


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(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;

(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.


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(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 of education under division (B) of
 section 3314.015 of the Revised Code and shall include the
.following:

(1) Monitor the community school's compliance with all
 laws applicable to the school and with the terms of the
 contract;

(2) Monitor and evaluate the academic and fiscal
 performance and the organization and operation of the community
 school on at least an annual basis;

(3) Report on an annual basis the results of the
 evaluation conducted under division (D)(2) of this section to
 the department of education and to the parents of students
 enrolled in the community school;

(4) Provide technical assistance to the community school
 in complying with laws applicable to the school and terms of the
 contract;

(5) Take steps to intervene in the school's operation to
 

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correct problems in the school's overall performance, declare
 the school to be on probationary status pursuant to section
 3314.073 of the Revised Code, suspend the operation of the
 school pursuant to section 3314.072 of the Revised Code, or
 terminate the contract of the school pursuant to section 3314.07
 of the Revised Code as determined necessary by the sponsor;

(6) Have in place a plan of action to be undertaken in the
 event the community school experiences financial difficulties or
 closes prior to the end of a school year.

(E) Upon the expiration of a contract entered into under
 this section, the sponsor of a community school may, with the
 approval of the governing authority of the school, renew that
 contract for a period of time determined by the sponsor, but not
 ending earlier than the end of any school year, if the sponsor
 finds that the school's compliance with applicable laws and
 terms of the contract and the school's progress in meeting the
 academic goals prescribed in the contract have been
 satisfactory. Any contract that is renewed under this division
 remains subject to the provisions of sections 3314.07, 3314.072,
 and 3314.073 of the Revised Code.

(F) If a community school fails to open for operation
 within one year after the contract entered into under this
 section is adopted pursuant to division (D) of section 3314.02
 of the Revised Code or permanently closes prior to the
 expiration of the contract, the contract shall be void and the
 school shall not enter into a contract with any other sponsor. A
 school shall not be considered permanently closed because the
 operations of the school have been suspended pursuant to section
 3314.072 of the Revised Code.


Sec. 3320.01.
(A) Sections 3320.01, 3320.02, and 3320.03
 of the Revised Code shall be collectively known as the "Ohio Student Religious Liberties Act of 2019 ."


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(B) As used in sections 3320.01 to 3320.03 of the Revised Code, "religious expression" includes any of the following:
(1) Prayer;
(2) Religious gatherings, including but not limited to prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings;
(3) Distribution of written materials or literature of a religious nature;
(4) Any other activity of a religious nature, including wearing symbolic clothing or expression of a religious viewpoint, provided that the activity is not obscene, vulgar, offensively lewd, or indecent.

Sec. 3320.02. (A) A student enrolled in a public school may engage in religious expression before, during, and after school hours in the same manner and to the same extent that a student is permitted to engage in secular activities or expression before, during, and after school hours. (B) A school district, community school established under Chapter 3314., STEM school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall give the same access to school facilities to students who wish to conduct a meeting for the purpose of engaging in religious expression as is given to secular student groups, without regard to the content of a student's or group's expression. 

Sec. 3320.03. No school district board of education, governing authority of a community school established under Chapter 3314. of the Revised Code,

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governing body of a STEM school established under Chapter 3326. of the Revised Code, or board of trustees of a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall prohibit a student from engaging in religious expression in the completion of homework, artwork, or other written or oral assignments. Assignment grades and scores shall be calculated using ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and shall not penalize or reward a student based on the religious content of a student's work.

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, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 3313.536, 3313.539, 3313.5310, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6020, 3313.6021, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.721, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.89, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3319.46, 3320.01, 3320.02, 3320.03, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district.

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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, 3313.536, 3313.6013, 3313.6021, 3313.6411, 3313.7112, 3313.721, 3313.89, 3319.39, 3319.391, and 3319.46, 3320.01, 3320.02, and 3320.03 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 3313.601, 3314.03, 3326.11, and 3328.24 of the Revised Code are hereby repealed.

Section 3. Section 3328.24 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 410 and Sub. S.B. 3 of the 131st General Assembly. 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 composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.

Section 4. Nothing in this act is intended or shall be construed to limit or abrogate religious expression of students already guaranteed under the Ohio Constitution and the United States Constitution.