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hb847_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 847
2025-2026
Representatives Jarrells, Williams
Cosponsor: Representative Rogers
To
amend sections 3314.03, 3326.11, and 3328.24 and to enact section
3313.675 of the Revised Code
to
enact the Return to Learn Act regarding return-to-school support
policies after a traumatic brain injury.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3314.03, 3326.11, and 3328.24 be amended and section
3313.675 of the Revised Code be enacted to read as follows:
Sec.
3313.675.
The
board of education of each city, local, exempted village, and joint
vocational school district shall adopt a policy that supports
students returning to school after a traumatic brain injury. Each
policy shall require the district to either develop a coordinated
system of support for a student returning to school after a traumatic
brain injury or to refer the student to an organization that can
provide the student with a coordinated system of support.
If
a district chooses to develop a system of support for a student
returning to school after a traumatic brain injury, it may include
the following:
(A)
A multi-disciplinary team of academic, medical, and family
representatives to help coordinate and facilitate a student's return
to school;
(B)
A plan to gradually increase the student's academic workload as the
student's symptoms improve;
(C)
Formal and informal assessments to monitor the student's symptoms;
(D)
Specific accommodations and supports based on the student's symptom
profile that can be implemented by the school to help the student.
Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director 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.
(2)
The education program of the school, including the school's mission
and educational philosophy, 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 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 employees, including both of the following:
(a)
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 or forty hours per week pursuant to section
3319.301 of the Revised Code;
(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.
(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.
(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, 3301.24, 3301.948, 3302.037, 3313.472,
3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318,
3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673,
3313.675,
3313.69,
3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117,
3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077,
3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39,
3319.391, 3319.393, 3319.41, 3319.46, 3319.90, 3319.614, 3320.01,
3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14,
3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251,
3327.10, 4111.17, 4113.52, 5502.262, 5502.703, 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, 3313.614,
3313.617, 3313.618, and 3313.6114 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 governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. 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 section 3313.6027 and
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
department 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 computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.
(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 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 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 department of children and youth 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 (B)(2) of section
3314.35 of the Revised Code.
(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.
(m)
The school will comply with section 3313.7118 of the Revised Code if
it serves elementary school students.
(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 (D) of this section.
(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;
(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.
(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 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, both of the following:
(a)
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;
(b)
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.
(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;
(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 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 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 non-classroom-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;
(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.
(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, 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;
(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.
(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.
(34)
A provision establishing the process by which the governing authority
of the school will be selected in the future.
(35)
A description of the management and administration of the school.
(36)
A provision requiring the governing authority to adopt policies and
procedures to establish internal financial controls for the school.
(B)
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.
(C)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department 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)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;
(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 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;
(5)
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.
(D)
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.
(E)
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.
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, 3301.24, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024,
3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61, 3313.611,
3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671,
3313.672, 3313.673,
3313.675,
3313.69,
3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112,
3313.7117, 3313.7118, 3313.721, 3313.753, 3313.80, 3313.801,
3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86,
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21,
3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39,
3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3319.90,
3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05,
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, 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.
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,
3302.037, 3313.474, 3313.5318, 3313.5319, 3313.6013, 3313.6021,
3313.6023, 3313.6024, 3313.6026, 3313.6029, 3313.6031, 3313.617,
3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669,
3313.6610,
3313.675,
3313.717,
3313.7112, 3313.7117, 3313.721, 3313.753, 3313.8110, 3313.89,
3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391,
3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and
5502.262, 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 3314.03, 3326.11, and 3328.24 of the Revised Code
are hereby repealed.
Section
3.
This
act shall be known as the Return to Learn Act.
Section
4.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
3314.03 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.
Section
3326.11 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.
Section
3328.24 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.