Dissolve existing academic distress commissions and repeal law

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 610

2025-2026

Representatives Brent, McNally

Cosponsors: Representatives Russo,
Grim, Abdullahi, Piccolantonio, Upchurch

A
BILL

To
amend sections 133.06, 3302.036, 3302.042, 3302.043, 3302.12,
3302.17, 3310.03, 3311.29, and 3314.102 and to repeal sections
3302.10, 3302.103, 3302.11, and 3302.111 of the Revised Code
to
dissolve existing academic distress commissions, to repeal the law
that creates new commissions, and to declare an emergency.

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

Section
1.
That
sections 133.06, 3302.036, 3302.042, 3302.043, 3302.12, 3302.17,
3310.03, 3311.29, and 3314.102 of the Revised Code be amended to read
as follows:

Sec.
133.06.
(A)
A school district shall not incur, without a vote of the electors,
net indebtedness that exceeds an amount equal to one-tenth of one per
cent of its tax valuation, except as provided in divisions (G) and
(H) of this section and in division (D) of section 3313.372 of the
Revised Code, or as prescribed in section 3318.052 or 3318.44 of the
Revised Code, or as provided in division (J) of this section.

(B)
Except as provided in divisions (E), (F), and (I) of this section, a
school district shall not incur net indebtedness that exceeds an
amount equal to nine per cent of its tax valuation.

(C)
A school district shall not submit to a vote of the electors the
question of the issuance of securities in an amount that will make
the district's net indebtedness after the issuance of the securities
exceed an amount equal to four per cent of its tax valuation, unless
the director of education and workforce, acting under policies
adopted by the department of education and workforce, and the tax
commissioner, acting under written policies of the commissioner,
consent to the submission. A request for the consents shall be made
at least one hundred twenty days prior to the election at which the
question is to be submitted.

The
director of education and workforce shall certify to the district the
director's and the tax commissioner's decisions within thirty days
after receipt of the request for consents.

If
the electors do not approve the issuance of securities at the
election for which the director of education and workforce and tax
commissioner consented to the submission of the question, the school
district may submit the same question to the electors on the date
that the next special election may be held under section 3501.01 of
the Revised Code without submitting a new request for consent. If the
school district seeks to submit the same question at any other
subsequent election, the district shall first submit a new request
for consent in accordance with this division.

(D)
In calculating the net indebtedness of a school district, none of the
following shall be considered:

(1)
Securities issued to acquire school buses and other equipment used in
transporting pupils or issued pursuant to division (D) of section
133.10 of the Revised Code;

(2)
Securities issued under division (F) of this section and, to the
extent in excess of the limitation stated in division (B) of this
section, under division (E) of this section;

(3)
Indebtedness resulting from the dissolution of a joint vocational
school district under section 3311.217 of the Revised Code, evidenced
by outstanding securities of that joint vocational school district;

(4)
Loans, evidenced by any securities, received under sections 3313.483,
3317.0210, and 3317.0211 of the Revised Code;

(5)
Debt incurred under section 3313.374 of the Revised Code;

(6)
Debt incurred pursuant to division (B)(5) of section 3313.37 of the
Revised Code to acquire computers and related hardware;

(7)
Debt incurred under section 3318.042 of the Revised Code;

(8)
Debt incurred under section 5705.2112 or 5705.2113 of the Revised
Code by the fiscal board of a qualifying partnership of which the
school district is a participating school district.

(E)
A school district may become a special needs district as to certain
securities as provided in division (E) of this section.

(1)
A board of education, by resolution, may declare its school district
to be a special needs district by determining both of the following:

(a)
The student population is not being adequately serviced by the
existing permanent improvements of the district.

(b)
The district cannot obtain sufficient funds by the issuance of
securities within the limitation of division (B) of this section to
provide additional or improved needed permanent improvements in time
to meet the needs.

(2)
The board of education shall certify a copy of that resolution to the
director of education and workforce with a statistical report showing
all of the following:

(a)
The history of and a projection of the growth of the tax valuation;

(b)
The projected needs;

(c)
The estimated cost of permanent improvements proposed to meet such
projected needs.

(3)
The director of education and workforce shall certify the district as
an approved special needs district if the director finds both of the
following:

(a)
The district does not have available sufficient additional funds from
state or federal sources to meet the projected needs.

(b)
The projection of the potential average growth of tax valuation
during the next five years, according to the information certified to
the director and any other information the director obtains,
indicates a likelihood of potential average growth of tax valuation
of the district during the next five years of an average of not less
than one and one-half per cent per year. The findings and
certification of the director shall be conclusive.

(4)
An approved special needs district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in an amount that does not exceed an amount equal to the
greater of the following:

(a)
Twelve per cent of the sum of its tax valuation plus an amount that
is the product of multiplying that tax valuation by the percentage by
which the tax valuation has increased over the tax valuation on the
first day of the sixtieth month preceding the month in which its
board determines to submit to the electors the question of issuing
the proposed securities;

(b)
Twelve per cent of the sum of its tax valuation plus an amount that
is the product of multiplying that tax valuation by the percentage,
determined by the director of education and workforce, by which that
tax valuation is projected to increase during the next ten years.

(F)
A school district may issue securities for emergency purposes, in a
principal amount that does not exceed an amount equal to three per
cent of its tax valuation, as provided in this division.

(1)
A board of education, by resolution, may declare an emergency if it
determines both of the following:

(a)
School buildings or other necessary school facilities in the district
have been wholly or partially destroyed, or condemned by a
constituted public authority, or that such buildings or facilities
are partially constructed, or so constructed or planned as to require
additions and improvements to them before the buildings or facilities
are usable for their intended purpose, or that corrections to
permanent improvements are necessary to remove or prevent health or
safety hazards.

(b)
Existing fiscal and net indebtedness limitations make adequate
replacement, additions, or improvements impossible.

(2)
Upon the declaration of an emergency, the board of education may, by
resolution, submit to the electors of the district pursuant to
section 133.18 of the Revised Code the question of issuing securities
for the purpose of paying the cost, in excess of any insurance or
condemnation proceeds received by the district, of permanent
improvements to respond to the emergency need.

(3)
The procedures for the election shall be as provided in section
133.18 of the Revised Code, except that:

(a)
The form of the ballot shall describe the emergency existing, refer
to this division as the authority under which the emergency is
declared, and state that the amount of the proposed securities
exceeds the limitations prescribed by division (B) of this section;

(b)
The resolution required by division (B) of section 133.18 of the
Revised Code shall be certified to the county auditor and the board
of elections at least one hundred days prior to the election;

(c)
The county auditor shall advise and, not later than ninety-five days
before the election, confirm that advice by certification to, the
board of education of the information required by division (C) of
section 133.18 of the Revised Code;

(d)
The board of education shall then certify its resolution and the
information required by division (D) of section 133.18 of the Revised
Code to the board of elections not less than ninety days prior to the
election.

(4)
Notwithstanding division (B) of section 133.21 of the Revised Code,
the first principal payment of securities issued under this division
may be set at any date not later than sixty months after the earliest
possible principal payment otherwise provided for in that division.

(G)(1)
The board of education may contract with an architect, professional
engineer, or other person experienced in the design and
implementation of energy conservation measures for an analysis and
recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce energy
consumption in buildings owned by the district. The report shall
include estimates of all costs of such installations, modifications,
or remodeling, including costs of design, engineering, installation,
maintenance, repairs, measurement and verification of energy savings,
and debt service, forgone residual value of materials or equipment
replaced by the energy conservation measure, as defined by the Ohio
facilities construction commission, a baseline analysis of actual
energy consumption data for the preceding three years with the
utility baseline based on only the actual energy consumption data for
the preceding twelve months, and estimates of the amounts by which
energy consumption and resultant operational and maintenance costs,
as defined by the commission, would be reduced.

If
the board finds after receiving the report that the amount of money
the district would spend on such installations, modifications, or
remodeling is not likely to exceed the amount of money it would save
in energy and resultant operational and maintenance costs over the
ensuing fifteen years, the board may submit to the commission a copy
of its findings and a request for approval to incur indebtedness to
finance the making or modification of installations or the remodeling
of buildings for the purpose of significantly reducing energy
consumption.

The
facilities construction commission, in consultation with the auditor
of state, may deny a request under division (G)(1) of this section by
the board of education of any school district that is in a state of
fiscal watch pursuant to division (A) of section 3316.03 of the
Revised Code, if it determines that the expenditure of funds is not
in the best interest of the school district.

No
district board of education of a school district that is in a state
of fiscal emergency pursuant to division (B) of section 3316.03 of
the Revised Code shall submit a request without submitting evidence
that the installations, modifications, or remodeling have been
approved by the district's financial planning and supervision
commission established under section 3316.05 of the Revised Code.

No
board of education of a school district for which an academic
distress commission has been established under section 3302.10 of the
Revised Code shall submit a request without first receiving approval
to incur indebtedness from the district's academic distress
commission established under that section, for so long as such
commission continues to be required for the district.

(2)
The board of education may contract with a person experienced in the
implementation of student transportation to produce a report that
includes an analysis of and recommendations for the use of
alternative fuel vehicles by school districts. The report shall
include cost estimates detailing the return on investment over the
life of the alternative fuel vehicles and environmental impact of
alternative fuel vehicles. The report also shall include estimates of
all costs associated with alternative fuel transportation, including
facility modifications and vehicle purchase costs or conversion
costs.

If
the board finds after receiving the report that the amount of money
the district would spend on purchasing alternative fuel vehicles or
vehicle conversion is not likely to exceed the amount of money it
would save in fuel and resultant operational and maintenance costs
over the ensuing five years, the board may submit to the commission a
copy of its findings and a request for approval to incur indebtedness
to finance the purchase of new alternative fuel vehicles or vehicle
conversions for the purpose of reducing fuel costs.

The
facilities construction commission, in consultation with the auditor
of state, may deny a request under division (G)(2) of this section by
the board of education of any school district that is in a state of
fiscal watch pursuant to division (A) of section 3316.03 of the
Revised Code, if it determines that the expenditure of funds is not
in the best interest of the school district.

No
district board of education of a school district that is in a state
of fiscal emergency pursuant to division (B) of section 3316.03 of
the Revised Code shall submit a request without submitting evidence
that the purchase or conversion of alternative fuel vehicles has been
approved by the district's financial planning and supervision
commission established under section 3316.05 of the Revised Code.

No
board of education of a school district for which an academic
distress commission has been established under section 3302.10 of the
Revised Code shall submit a request without first receiving approval
to incur indebtedness from the district's academic distress
commission established under that section, for so long as such
commission continues to be required for the district.

(3)
The facilities construction commission shall approve the board's
request provided that the following conditions are satisfied:

(a)
The commission determines that the board's findings are reasonable.

(b)
The request for approval is complete.

(c)
If the request was submitted under division (G)(1) of this section,
the installations, modifications, or remodeling are consistent with
any project to construct or acquire classroom facilities, or to
reconstruct or make additions to existing classroom facilities under
sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the
Revised Code.

Upon
receipt of the commission's approval, the district may issue
securities without a vote of the electors in a principal amount not
to exceed nine-tenths of one per cent of its tax valuation for the
purpose specified in division (G)(1) or (2) of this section, but the
total net indebtedness of the district without a vote of the electors
incurred under this and all other sections of the Revised Code,
except section 3318.052 of the Revised Code, shall not exceed one per
cent of the district's tax valuation.

(4)(a)
So long as any securities issued under division (G)(1) of this
section remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs of
buildings in which installations or modifications have been made or
remodeling has been done pursuant to that division. Except as
provided in division (G)(4)(b) of this section, the board shall
maintain and annually update a report in a form and manner prescribed
by the facilities construction commission documenting the reductions
in energy consumption and resultant operational and maintenance cost
savings attributable to such installations, modifications, or
remodeling. The resultant operational and maintenance cost savings
shall be certified by the school district treasurer. The report shall
be submitted annually to the commission.

(b)
If the facilities construction commission verifies that the certified
annual reports submitted to the commission by a board of education
under division (G)(4)(a) of this section fulfill the guarantee
required under division (B) of section 3313.372 of the Revised Code
for three consecutive years, the board of education shall no longer
be subject to the annual reporting requirements of division (G)(4)(a)
of this section.

(5)
So long as any securities issued under division (G)(2) of this
section remain outstanding, the board of education shall monitor the
purchase of new alternative fuel vehicles or vehicle conversions
pursuant to that division. The board shall maintain and annually
update a report in a form and manner prescribed by the facilities
construction commission documenting the purchase of new alternative
fuel vehicles or vehicle conversions, the associated environmental
impact, and return on investment. The resultant fuel and operational
and maintenance cost savings shall be certified by the school
district treasurer. The report shall be submitted annually to the
commission.

(H)
With the consent of the director of education and workforce, a school
district may incur without a vote of the electors net indebtedness
that exceeds the amounts stated in divisions (A) and (G) of this
section for the purpose of paying costs of permanent improvements, if
and to the extent that both of the following conditions are
satisfied:

(1)
The fiscal officer of the school district estimates that receipts of
the school district from payments made under or pursuant to
agreements entered into pursuant to section 725.02, 1728.10,
3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.45, 5709.57,
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the
Revised Code, or distributions under division (C) of section 5709.43
or division (B) of section 5709.47 of the Revised Code, or any
combination thereof, are, after accounting for any appropriate
coverage requirements, sufficient in time and amount, and are
committed by the proceedings, to pay the debt charges on the
securities issued to evidence that indebtedness and payable from
those receipts, and the taxing authority of the district confirms the
fiscal officer's estimate, which confirmation is approved by the
director of education and workforce;

(2)
The fiscal officer of the school district certifies, and the taxing
authority of the district confirms, that the district, at the time of
the certification and confirmation, reasonably expects to have
sufficient revenue available for the purpose of operating such
permanent improvements for their intended purpose upon acquisition or
completion thereof, and the director of education and workforce
approves the taxing authority's confirmation.

The
maximum maturity of securities issued under division (H) of this
section shall be the lesser of twenty years or the maximum maturity
calculated under section 133.20 of the Revised Code.

(I)
A school district may incur net indebtedness by the issuance of
securities in accordance with the provisions of this chapter in
excess of the limit specified in division (B) or (C) of this section
when necessary to raise the school district portion of the basic
project cost and any additional funds necessary to participate in a
project under Chapter 3318. of the Revised Code, including the cost
of items designated by the facilities construction commission as
required locally funded initiatives, the cost of other locally funded
initiatives in an amount that does not exceed fifty per cent of the
district's portion of the basic project cost, and the cost for site
acquisition. A school district shall notify the director of education
and workforce whenever that district will exceed either limit
pursuant to this division.

(J)
A school district whose portion of the basic project cost of its
classroom facilities project under sections 3318.01 to 3318.20 of the
Revised Code is greater than or equal to one hundred million dollars
may incur without a vote of the electors net indebtedness in an
amount up to two per cent of its tax valuation through the issuance
of general obligation securities in order to generate all or part of
the amount of its portion of the basic project cost if the
controlling board has approved the facilities construction
commission's conditional approval of the project under section
3318.04 of the Revised Code. The school district board and the Ohio
facilities construction commission shall include the dedication of
the proceeds of such securities in the agreement entered into under
section 3318.08 of the Revised Code. No state moneys shall be
released for a project to which this section applies until the
proceeds of any bonds issued under this section that are dedicated
for the payment of the school district portion of the project are
first deposited into the school district's project construction fund.

Sec.
3302.036.
(A)
Notwithstanding anything in the Revised Code to the contrary, the
department of education and workforce shall not assign an overall
letter grade under division (C)(3) of section 3302.03 of the Revised
Code for any school district or building for the 2014-2015,
2015-2016,
or

and

2016-2017
school years, may, at the discretion of the department, not assign an
individual grade to any component prescribed under division (C)(3) of
section 3302.03 of the Revised Code, and shall not rank school
districts, community schools established under Chapter 3314. of the
Revised Code, or STEM schools established under Chapter 3326. of the
Revised Code under section 3302.21 of the Revised Code for those
school years. The report card ratings issued for the 2014-2015,
2015-2016,
or

and

2016-2017
school years shall not be considered in determining whether a school
district or a school is subject to sanctions or penalties. However,
the report card ratings of any previous or subsequent years shall be
considered in determining whether a school district or building is
subject to sanctions or penalties. Accordingly, the report card
ratings for the 2014-2015, 2015-2016,
or

and

2016-2017
school years shall have no effect in determining sanctions or
penalties, but shall not create a new starting point for
determinations that are based on ratings over multiple years.

(B)
The provisions from which a district or school is exempt under
division (A) of this section shall be the following:

(1)
Any restructuring provisions established under this chapter, except
as required under the "No Child Left Behind Act of 2001";

(2)
Provisions for the Columbus city school pilot project under section
3302.042 of the Revised Code;

(3)

Provisions
for academic distress commissions under former section 3302.10 of the
Revised Code as it existed prior to October 15, 2015. The provisions
of this section do not apply to academic distress commissions under
the version of that section as it exists on or after October 15,
2015.

(4)

Provisions
prescribing new buildings where students are eligible for the
educational choice scholarships under section 3310.03 of the Revised
Code;

(5)

(4)

Provisions
defining "challenged school districts" in which new
start-up community schools were required to be located, as prescribed
in section 3314.02 of the Revised Code as it existed prior to
September 30, 2021;

(6)

(5)

Provisions
prescribing community school closure requirements under section
3314.35 or 3314.351 of the Revised Code.

(C)
Notwithstanding anything in the Revised Code to the contrary and
except as provided in Section 3 of H.B. 7 of the 131st general
assembly, no school district, community school, or STEM school shall
utilize at any time during a student's academic career a student's
score on any assessment administered under division (A) of section
3301.0710 or division (B)(2) of section 3301.0712 of the Revised Code
in the 2014-2015, 2015-2016,
or

and

2016-2017
school years as a factor in any decision to promote or to deny the
student promotion to a higher grade level or in any decision to grant
course credit. No individual student score reports on such
assessments administered in the 2014-2015, 2015-2016, or 2016-2017
school years shall be released, except to a student's school district
or school or to the student or the student's parent or guardian.

Sec.
3302.042.
(A)
This section shall operate as a pilot project that applies to any
school that has been ranked according to performance index score
under section 3302.21 of the Revised Code in the lowest five per cent
of all public school buildings statewide for three or more
consecutive school years and is operated by the Columbus city school
district. The pilot project shall commence once the department of
education and workforce establishes implementation guidelines for the
pilot project in consultation with the Columbus city school district.

(B)
Except as provided in division (D), (E), or (F) of this section, if
the parents or guardians of at least fifty per cent of the students
enrolled in a school to which this section applies, or if the parents
or guardians of at least fifty per cent of the total number of
students enrolled in that school and the schools of lower grade
levels whose students typically matriculate into that school, by the
thirty-first day of December of any school year in which the school
is subject to this section, sign and file with the school district
treasurer a petition requesting the district board of education to
implement one of the following reforms in the school, and if the
validity and sufficiency of the petition is certified in accordance
with division (C) of this section, the board shall implement the
requested reform in the next school year:

(1)
Reopen the school as a community school under Chapter 3314. of the
Revised Code;

(2)
Replace at least seventy per cent of the school's personnel who are
related to the school's poor academic performance or, at the request
of the petitioners, retain not more than thirty per cent of the
personnel;

(3)
Contract with another school district or a nonprofit or for-profit
entity with a demonstrated record of effectiveness to operate the
school;

(4)
Turn operation of the school over to the department;

(5)
Any other major restructuring of the school that makes fundamental
reforms in the school's staffing or governance.

(C)
Not later than thirty days after receipt of a petition under division
(B) of this section, the district treasurer shall verify the validity
and sufficiency of the signatures on the petition and certify to the
district board whether the petition contains the necessary number of
valid signatures to require the board to implement the reform
requested by the petitioners. If the treasurer certifies to the
district board that the petition does not contain the necessary
number of valid signatures, any person who signed the petition may
file an appeal with the county auditor within ten days after the
certification. Not later than thirty days after the filing of an
appeal, the county auditor shall conduct an independent verification
of the validity and sufficiency of the signatures on the petition and
certify to the district board whether the petition contains the
necessary number of valid signatures to require the board to
implement the requested reform. If the treasurer or county auditor
certifies that the petition contains the necessary number of valid
signatures, the district board shall notify the department of the
certification.

(D)
The district board shall not implement the reform requested by the
petitioners in any of the following circumstances:

(1)
The district board has determined that the request is for reasons
other than improving student academic achievement or student safety.

(2)
The department has determined that implementation of the requested
reform would not comply with the model of differentiated
accountability described in section 3302.041 of the Revised Code.

(3)
The petitioners have requested the district board to implement the
reform described in division (B)(4) of this section and the
department has not agreed to take over the school's operation.

(4)
When all of the following have occurred:

(a)
After a public hearing on the matter, the district board issued a
written statement explaining the reasons that it is unable to
implement the requested reform and agreeing to implement one of the
other reforms described in division (B) of this section.

(b)
The district board submitted its written statement to the department
along with evidence showing how the alternative reform the district
board has agreed to implement will enable the school to improve its
academic performance.

(c)
The department has approved implementation of the alternative reform.

(E)
If the provisions of this section conflict in any way with the
requirements of federal law, federal law shall prevail over the
provisions of this section.

(F)
If a school is restructured under this section, section
3302.10
or
3302.12
of the Revised Code, or federal law, the school shall not be required
to restructure again under state law for three consecutive years
after the implementation of that prior restructuring.

(G)
Beginning not later than six months after the first petition under
this section has been resolved, the department shall annually
evaluate the pilot program and submit a report to the general
assembly under section 101.68 of the Revised Code. Such reports shall
contain its recommendations to the general assembly with respect to
the continuation of the pilot program, its expansion to other school
districts, or the enactment of further legislation establishing the
program statewide under permanent law.

Sec.
3302.043.
(A)
As used in this section, "eligible district" means a city
school district
to
which both of the following apply:

(1)
The district
that

has
persistently low performance ratings, as determined by the department
of education and workforce, under section 3302.03 of the Revised
Code.

(2)
The district is not subject to an academic distress commission under
section 3302.10 of the Revised Code.

(B)
The department shall establish the career promise academy summer
demonstration pilot program. Under the pilot program, which shall
operate in the 2021-2022 and 2022-2023 school years, the department
shall solicit proposals from eligible districts to establish and
operate a career promise academy during the summer to provide
students entering ninth grade with intensive literacy instruction,
internship or mentoring experiences, and instruction regarding
academic preparedness skills, life skills, and financial literacy.
The department shall approve one proposal based on the criteria
prescribed under division (C) of this section. The department shall
award a grant to the eligible district with an approved proposal.

(C)
The department shall adopt criteria under which to approve a proposal
for a career promise academy, which shall include all of the
following:

(1)
A requirement that the career promise academy operate as follows:

(a)
For four consecutive weeks in the summer of 2021;

(b)
For five consecutive weeks in the summer of 2022.

(2)
A requirement that not more than seventy-five students participate in
the career promise academy in one summer;

(3)
A requirement for the eligible district to submit to the department,
in a form and manner prescribed by the department, any data that the
department and district jointly determine is necessary to evaluate
the pilot program;

(4)
A method to determine student eligibility to participate in the
career promise academy. The method shall identify students entering
ninth grade who are at risk of not qualifying for a high school
diploma based on the student's scores on the English language arts
and mathematics assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code and other academic or
social-emotional factors.

(5)
A description of the instruction and internship or mentoring
experiences that participating students will receive;

(6)
An agreement with the district's business advisory council
established under section 3313.82 of the Revised Code and other
organizations or businesses to identify or provide internship and
mentoring experiences to participating students;

(7)
An agreement with at least one institution of higher education to
identify and engage with prospective teachers to serve as mentors and
academic coaches to participating students.

(D)
The department shall adopt guidelines and procedures to operate the
pilot program established under this section.

Sec.
3302.12.
(A)(1)
Except as provided in divisions (C) and (D) of this section, this
section applies to a school building that is ranked according to
performance index score under section 3302.21 of the Revised Code in
the lowest five per cent of public school buildings statewide for
three consecutive years and that meets any combination of the
following for three consecutive years:

(a)
The school building has received a grade of "F" for the
value-added progress dimension under division (A)(1)(e), (B)(1)(e),
or (C)(1)(e) of section 3302.03 of the Revised Code;

(b)
The school building has received an overall grade of "F"
under section 3302.03 of the Revised Code;

(c)
The school building has received a performance rating of one star for
progress under division (D)(3)(c) of section 3302.03 of the Revised
Code;

(d)
The school building has received an overall performance rating of
less than two stars under section 3302.03 of the Revised Code.

(2)
In the case of a building to which this section applies, the district
board of education in control of that building shall do one of the
following at the conclusion of the school year in which the building
first becomes subject to this section:

(a)
Close the school and direct the district superintendent to reassign
the students enrolled in the school to other school buildings that
demonstrate higher academic achievement;

(b)
Contract with another school district or a nonprofit or for-profit
entity with a demonstrated record of effectiveness to operate the
school;

(c)
Replace the principal and all teaching staff of the school and, upon
request from the new principal, exempt the school from all requested
policies and regulations of the board regarding curriculum and
instruction. The board also shall distribute funding to the school in
an amount that is at least equal to the product of the per pupil
amount of state and local revenues received by the district
multiplied by the student population of the school.

(d)
Reopen the school as a conversion community school under Chapter
3314. of the Revised Code.

(B)
If an action taken by the board under division (A)(2) of this section
causes the district to no longer maintain all grades kindergarten
through twelve, as required by section 3311.29 of the Revised Code,
the board shall enter into a contract with another school district
pursuant to section 3327.04 of the Revised Code for enrollment of
students in the schools of that other district to the extent
necessary to comply with the requirement of section 3311.29 of the
Revised Code. Notwithstanding any provision of the Revised Code to
the contrary, if the board enters into and maintains a contract under
section 3327.04 of the Revised Code, the district shall not be
considered to have failed to comply with the requirement of section
3311.29 of the Revised Code. If, however, the district board fails to
or is unable to enter into or maintain such a contract, the state
board of education shall take all necessary actions to dissolve the
district as provided in division (A) of section 3311.29 of the
Revised Code.

(C)
If a particular school is required to restructure under this section
and a petition with respect to that same school has been filed and
verified under divisions (B) and (C) of section 3302.042 of the
Revised Code, the provisions of that section and the petition filed
and verified under it shall prevail over the provisions of this
section and the school shall be restructured under that section.
However, if division (D)(1), (2), or (3) of section 3302.042 of the
Revised Code also applies to the school, the school shall be subject
to restructuring under this section and not section 3302.042 of the
Revised Code.

If
the provisions of this section conflict in any way with the
requirements of federal law, federal law shall prevail over the
provisions of this section.

(D)
If a school is restructured under this section
,

or

section 3302.042
or
3302.10
of
the Revised Code, or federal law, the school shall not be required to
restructure again under state law for three consecutive years after
the implementation of that prior restructuring.

Sec.
3302.17.
(A)
Any school building operated by a city, exempted village, or local
school district, or a community school established under Chapter
3314. of the Revised Code is eligible to initiate the community
learning center process as prescribed by this section.

(B)
Beginning with the 2015-2016 school year, each district board of
education or community school governing authority may initiate a
community learning center process for any school building to which
this section applies.

First,
the board or governing authority shall conduct a public information
hearing at each school building to which this section applies to
inform the community of the community learning center process. The
board or governing authority may do all of the following with regard
to the public information hearing:

(1)
Announce the meeting not less than forty-five days in advance at the
school and on the school's or district's web sites and using tools to
ensure effective communication with individuals with disabilities;

(2)
Schedule the meeting for an evening or weekend time;

(3)
Provide interpretation services and written materials in all
languages spoken by five per cent or more of the students enrolled in
the school;

(4)
Provide child care services for parents attending the meeting;

(5)
Provide parents, students, teachers, nonteaching employees, and
community members with the opportunity to speak at the meeting;

(6)
Comply with section 149.43 of the Revised Code.

In
preparing for the public information hearing, the board or governing
authority shall ensure that information about the hearing is broadly
distributed throughout the community.

The
board or governing authority may enter into an agreement with any
civic engagement organizations, community organizations, or employee
organizations to support the implementation of the community learning
center process.

The
board or governing authority shall conduct a follow-up hearing at
least once annually until action is further taken under the section
with respect to the school building or until the conditions described
in division (A) of this section no longer apply to the school
building.

(C)
Not sooner than forty-five days after the first public information
hearing, the board or governing authority shall conduct an election,
by paper ballot, to initiate the process to become a community
learning center. Only parents or guardians of students enrolled in
the school and students enrolled in a different school operated by a
joint vocational school district but are otherwise entitled to attend
the school, and teachers and nonteaching employees who are assigned
to the school may vote in the election.

The
board or governing authority shall distribute the ballots by mail and
shall make copies available at the school and on the web site of the
school. The board or governing authority also may distribute the
ballots by directly giving ballots to teachers and nonteaching
employees and sending home ballots with every student enrolled in the
school building.

(D)
The board or governing authority shall initiate the transition of the
building to a community learning center if the results of the
election held under division (C) of this section are as follows:

(1)
At least fifty per cent of parents and guardians of students enrolled
in the eligible school building and students enrolled in a different
building operated by a joint vocational school district but who are
entitled to attend the school cast ballots by a date set by the board
or governing authority, and of those ballots at least sixty-seven per
cent are in favor of initiating the process; and

(2)
At least fifty per cent of teachers and nonteaching employees who are
assigned to the school cast ballots by a date set by the board or
governing authority, and of those ballots at least sixty-seven per
cent are in favor of initiating the process.

(E)
If a community learning center process is initiated under this
section, the board or governing authority shall create a school
action team under section 3302.18 of the Revised Code. Within four
months upon selection, the school action team shall conduct and
complete, in consultation with community partners, a performance
audit of the school and review, with parental input, the needs of the
school with regard to restructuring under section
3302.10,
3302.12, or
3302.042

or 3302.12

of the Revised Code, or federal law.

The
school action team shall provide quarterly updates of its work in a
public hearing that complies with the same specifications prescribed
in division (B) of this section.

(F)
Upon completion of the audit and review, the school action team shall
present its findings at a public hearing that complies with the same
specifications prescribed in division (B) of this section. After the
school action team presents its findings at the public hearing, it
shall create a community learning center improvement plan that
designates appropriate interventions, which may be based on the
recommendations developed by the department under division (H)(1)(b)
of this section.

If
there is a federally mandated school improvement planning process,
the team shall coordinate its work with that plan.

The
school action team shall approve the plan by a majority vote.

(G)
Upon approval of the plan by the school action team, the team shall
submit the community learning center improvement plan to the same
individuals described in division (C) of this section. Ballots shall
be distributed and an election shall be conducted in the same manner
as indicated under that division.

The
school action team shall submit the plan to the district board of
education or community school governing authority, if the results of
the election under division (G) of this section are as follows:

(1)
At least thirty per cent of parents and guardians of students
enrolled in the eligible school building and students enrolled in a
different building operated by a joint vocational school district but
who are entitled to attend the school cast ballots by a date set by
the board or governing authority, and of those ballots at least fifty
per cent are in favor of initiating the process; and

(2)
At least thirty per cent of teachers and nonteaching employees who
are assigned to the school cast ballots by a date set by the board or
governing authority, and of those ballots at least fifty per cent are
in favor of initiating the process.

The
board or governing authority shall evaluate the plan and determine
whether to adopt it. The board or governing authority shall adopt the
plan in full or adopt portions of the plan. If the board or governing
authority does not adopt the plan in full, it shall provide a written
explanation of why portions of the plan were rejected.

(H)(1)
The department shall do all of the following with respect to this
section:

(a)
Adopt rules regarding the elections required under this section;

(b)
Develop appropriate interventions for a community learning center
improvement plan that may be used by a school action team under
division (F) of this section;

(c)
Publish a menu of programs and services that may be offered by
community learning centers. The information shall be posted on the
department's web site. To compile this information the department
shall solicit input from resource coordinators of existing community
learning centers.

(d)
Provide information regarding implementation of comprehensive
community-based programs and supportive services including the
community learning center model to school buildings meeting any of
the following conditions:

(i)
The building is in improvement status as defined by the "No
Child Left Behind Act of 2001" or under an agreement between the
Ohio department of education and workforce and the United States
secretary of education.

(ii)
The building is a secondary school that is among the lowest achieving
fifteen per cent of secondary schools statewide, as determined by the
department.

(iii)
The building is a secondary school with a graduation rate of sixty
per cent or lower for three or more consecutive years.

(iv)
The building is a school that the department determines is
persistently low-performing.

(2)
The department may do the following with respect to this section:

(a)
Provide assistance, facilitation, and training to school action teams
in the conducting of the audit required under this section;

(b)
Provide opportunities for members of school action teams from
different schools to share school improvement strategies with
parents, teachers, and other relevant stakeholders in higher
performing schools;

(c)
Provide financial support in a school action team's planning process
and create a grant program to assist in the implementation of a
qualified community learning center plan.

(I)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after October 15, 2015. However, the board or governing
authority and the teachers' labor organization may negotiate
additional factors to be considered in the adoption of a community
learning center plan.

Sec.
3310.03.
For
the 2021-2022 school year and each school year thereafter, subject to
division (G) of this section, a student is an "eligible student"
for purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which the
pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code, the student satisfies one
of the conditions in division (A)
,

or

(B)
,
or (C)

of this section, and the student maintains eligibility to receive a
scholarship under division (D) of this section.

However,
any student who received a scholarship for the 2020-2021 school year
under this section, as it existed prior to March 2, 2021, shall
continue to receive that scholarship until the student completes
grade twelve, as long as the student maintains eligibility to receive
a scholarship under division (D) of this section.

(A)(1)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district and to
which both of the following apply:

(a)
The building was ranked in the lowest twenty per cent of all
buildings operated by city, local, and exempted village school
districts according to performance index score as determined by the
department of education and workforce, as follows:

(i)
For a scholarship sought for the 2021-2022 or 2022-2023 school year,
the building was ranked in the lowest twenty per cent of buildings
for each of the 2017-2018 and 2018-2019 school years.

(ii)
For a scholarship sought for the 2023-2024 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2018-2019 and 2021-2022 school years.

(iii)
For a scholarship sought for the 2024-2025 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2021-2022 and 2022-2023 school years.

(iv)
For a scholarship sought for the 2025-2026 school year or any school
year thereafter, the building was ranked in the lowest twenty per
cent of buildings for at least two of the three most recent
consecutive rankings issued prior to the first day of July of the
school year for which a scholarship is sought.

(b)
The building is operated by a school district in which, for the three
consecutive school years prior to the school year for which a
scholarship is sought, an average of twenty per cent or more of the
students entitled to attend school in the district, under section
3313.64 or 3313.65 of the Revised Code, were qualified to be included
in the formula to distribute funds under Title I of the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.

When
ranking school buildings under division (A)(1) of this section, the
department shall not include buildings operated by a school district
in which the pilot project scholarship program is operating in
accordance with sections 3313.974 to 3313.979 of the Revised Code.

(2)
A student is eligible for a scholarship if the student will be
enrolling in any of grades kindergarten through twelve in this state
for the first time in the school year for which a scholarship is
sought, will be at least five years of age, as defined in section
3321.01 of the Revised Code, by the first day of January of the
school year for which a scholarship is sought, and otherwise would be
assigned under section 3319.01 of the Revised Code in the school year
for which a scholarship is sought, to a school building described in
division (A)(1) of this section.

(3)
A student is eligible for a scholarship if the student is enrolled in
a community school established under Chapter 3314. of the Revised
Code but otherwise would be assigned under section 3319.01 of the
Revised Code to a building described in division (A)(1) of this
section.

(4)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district or in a
community school established under Chapter 3314. of the Revised Code
and otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.

(5)
A student is eligible for a scholarship if the student was enrolled
in a public or nonpublic school or was homeschooled in the prior
school year and completed any of grades eight through eleven in that
school year and otherwise would be assigned under section 3319.01 of
the Revised Code to a school building described in division (A)(1) of
this section in the school year for which the scholarship is sought.

(B)
A student is eligible for a scholarship if the student is enrolled in
a nonpublic school at the time the school is granted a charter by the
director of education and workforce under section 3301.16 of the
Revised Code and the student meets the standards of division (B) of
section 3310.031 of the Revised Code.

(C)
A student is eligible for a scholarship if the student's resident
district
is

was

subject
to
former

section
3302.10 of the Revised Code

and the student either:

(1)
Is enrolled in a school building operated by the resident district or
in a community school established under Chapter 3314. of the Revised
Code;

(2)
Will be both enrolling in any of grades kindergarten through twelve
in this state for the first time and at least five years of age by
the first day of January of the school year for which a scholarship
is sought
as
it existed prior to the effective date of this amendment, and the
student remains an eligible student pursuant to division (D) of this
section. The department shall cease awarding first-time scholarships
pursuant to division (C) of this section on the effective date of
this amendment
.

(D)
A student who receives a scholarship under the educational choice
scholarship pilot program remains an eligible student and may
continue to receive scholarships in subsequent school years until the
student completes grade twelve, so long as all of the following
apply:

(1)
The student's resident district remains the same, or the student
transfers to a new resident district and otherwise would be assigned
in the new resident district to a school building described in
division (A)(1) or (C) of this section.

(2)
The student takes each assessment prescribed for the student's grade
level under section 3301.0710, 3301.0712, or 3313.619 of the Revised
Code while enrolled in a chartered nonpublic school, unless one of
the following applies to the student:

(a)
The student is excused from taking that assessment under federal law,
the student's individualized education program, or division
(C)(1)(c)(i) of section 3301.0711 of the Revised Code.

(b)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.

(c)
The student is enrolled in any of grades three to eight and takes an
alternative standardized assessment under division (K)(1) of section
3301.0711 of the Revised Code.

(d)
The student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.

(3)
In each school year that the student is enrolled in a chartered
nonpublic school, the student is absent from school for not more than
twenty days that the school is open for instruction, not including
excused absences.

(E)(1)

(E)

The
department shall cease awarding first-time scholarships pursuant to
divisions (A)(1) to (5) of this section with respect to a school
building that, in the most recent ratings of school buildings under
section 3302.03 of the Revised Code prior to the first day of July of
the school year, ceases to meet the criteria in division (A)(1) of
this section.

(2)
The department shall cease awarding first-time scholarships pursuant
to division (C) of this section with respect to a school district
subject to section 3302.10 of the Revised Code when the academic
distress commission established for the district ceases to exist.

(3)

However,
students who have received scholarships in the prior school year
remain eligible students pursuant to division (D) of this section.

(F)
The department shall adopt rules defining excused absences for
purposes of division (D)(3) of this section.

(G)
Notwithstanding anything to the contrary in this section or section
3310.031 of the Revised Code, a student shall not be required to be
enrolled or enrolling in a school building operated by the student's
resident district or a community school in order to be eligible for a
scholarship, as follows:

(1)
For a scholarship sought for the 2021-2022 school year, a student
entering any of grades kindergarten through two;

(2)
For a scholarship sought for the 2022-2023 school year, a student
entering any of grades kindergarten through four;

(3)
For a scholarship sought for the 2023-2024 school year, a student
entering any of grades kindergarten through six;

(4)
For a scholarship sought for the 2024-2025 school year, a student
entering any of grades kindergarten through eight;

(5)
For a scholarship sought for the 2025-2026 school year, and each
school year thereafter, a student entering any of grades kindergarten
through twelve.

(H)
Except as provided for in section 3310.13 of the Revised Code and in
division (C)(2) of section 3365.07 of the Revised Code, the
department shall not require the parent of a student who applies for
or receives a scholarship under this section or section 3310.033,
3310.034, or 3310.035 of the Revised Code to complete any kind of
income verification regarding the student's family income.

Sec.
3311.29.
(A)
Except as provided under division (B), (C), or (D) of this section,
no school district shall be created and no school district shall
exist which does not maintain within such district public schools
consisting of grades kindergarten through twelve and any such
existing school district not maintaining such schools shall be
dissolved and its territory joined with another school district or
districts by order of the state board of education if no agreement is
made among the surrounding districts voluntarily, which order shall
provide an equitable division of the funds, property, and
indebtedness of the dissolved school district among the districts
receiving its territory. The state board of education may authorize
exceptions to school districts where topography, sparsity of
population, and other factors make compliance impracticable.

The
director of education and workforce is without authority to
distribute funds under Chapter 3317. of the Revised Code to any
school district that does not maintain schools with grades
kindergarten through twelve and to which no exception has been
granted by the state board of education.

(B)
Division (A) of this section does not apply to any joint vocational
school district or any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code.

(C)(1)(a)
Except as provided in division (C)(3) of this section, division (A)
of this section does not apply to any cooperative education school
district established pursuant to section 3311.521 of the Revised Code
nor to the city, exempted village, or local school districts that
have territory within such a cooperative education district.

(b)
The cooperative district and each city, exempted village, or local
district with territory within the cooperative district shall
maintain the grades that the resolution adopted or amended pursuant
to section 3311.521 of the Revised Code specifies.

(2)
Any cooperative education school district described under division
(C)(1) of this section that fails to maintain the grades it is
specified to operate shall be dissolved by order of the state board
of education unless prior to such an order the cooperative district
is dissolved pursuant to section 3311.54 of the Revised Code. Any
such order shall provide for the equitable adjustment, division, and
disposition of the assets, property, debts, and obligations of the
district among each city, local, and exempted village school district
whose territory is in the cooperative district and shall provide that
the tax duplicate of each city, local, and exempted village school
district whose territory is in the cooperative district shall be
bound for and assume its share of the outstanding indebtedness of the
cooperative district.

(3)
If any city, exempted village, or local school district described
under division (C)(1) of this section fails to maintain the grades it
is specified to operate the cooperative district within which it has
territory shall be dissolved in accordance with division (C)(2) of
this section and upon that dissolution any city, exempted village, or
local district failing to maintain grades kindergarten through twelve
shall be subject to the provisions for dissolution in division (A) of
this section.

(D)
Division (A) of this section does not apply to any school district
that
is
or
has
ever been subject to
former

section
3302.10 of the Revised Code, as it
exists

existed

on
and after October 15, 2015, and has had a majority of its schools
reconstituted or closed under that section.

Sec.
3314.102.
(A)
As used in this section
:

(1)
"Chief executive officer" means a chief executive officer
appointed by an academic distress commission pursuant to section
3302.10 of the Revised Code.

(2)
"Municipal
,
"municipal
school
district" and "mayor" have the same meanings as in
section 3311.71 of the Revised Code.

(B)
Notwithstanding section 3314.10 and sections 4117.03 to 4117.18 of
the Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees of a conversion
community school that is sponsored by the board of education of a
municipal school district
or
a school district for which an academic distress commission has been
established under section 3302.10 of the Revised Code
shall
cease to be subject to any future collective bargaining agreement, if
the mayor
or
chief executive officer
submits
to the board of education sponsoring the school and to the state
employment relations board a statement requesting that all employees
of the community school be removed from a collective bargaining unit.
The employees of the community school who are covered by a collective
bargaining agreement in effect on the date the mayor
or
chief executive officer
submits
the statement shall remain subject to that collective bargaining
agreement until the collective bargaining agreement expires on its
terms. Upon expiration of that collective bargaining agreement, the
employees of that school are not subject to Chapter 4117. of the
Revised Code and may not organize or collectively bargain pursuant to
that chapter.

Section
2.
That
existing sections 133.06, 3302.036, 3302.042, 3302.043, 3302.12,
3302.17, 3310.03, 3311.29, and 3314.102 of the Revised Code are
hereby repealed.

Section
3.
That
sections 3302.10, 3302.103, 3302.11, and 3302.111 of the Revised Code
are hereby repealed.

Section
4.
Any
academic distress commission organized for a school district under
former section 3302.10 of the Revised Code as it existed prior to the
effective date of this section, and any related academic improvement
plan under section 3302.103 of the Revised Code, is hereby dissolved.
The board of education of each district in which an academic distress
commission previously was established shall reassume all the powers
granted to it under the Revised Code, and the employees of that
district shall reassume all the rights granted to them under the
Revised Code.

Section
5.
This
act is hereby declared to be an emergency measure necessary for the
immediate preservation of the public peace, health, and safety. The
reason for such necessity is so that all academic distress
commissions be dissolved immediately and new commissions cannot be
formed. Therefore, this act shall go into immediate effect.