IBWCA--Community Schools and Ohio Revised Codes


Revised Code Reference	Description
9.90 and 9.91	Provisions regarding insurance benefits for educational employees.
Chapter 102.	Ohio Ethics Law (except that a member of a community school governing board specifically may also be an employee of the board and may have an interest in a board-executed contract that is not a contract with a for-profit firm for the operation or management of a school under the auspices of the governing board (R.C. 3314.03(A)(11)(e)).
109.65, 3313.672, and 3313.96	Requirements for missing children reporting, information, and 3313.96 student fingerprinting.
Chapter 117.	State fiscal auditing requirements.
121.22	The Public Meetings ("Sunshine") Law .
149.43	The Public Records Law.
Chapter 1347	Ohio Privacy Law.
2151.358	Procedures pertaining to school records of adjudicated delinquents after their court records are expunged.
2151.421	Child abuse reporting requirements.
2313.18	Employment protection for employees on jury duty .
Chapter 2744.	The Sovereign Immunity Law for public employees .
3301.0710 and 3301.0711	Statewide achievement testing.
3301.0712	Phase-in of achievement tests.
301.0714	Education Management Information System (EMIS) requirements (as prescribed by Department of Education rules adopted under R.C. 3314.17).
3301.0715	Administration and scoring of statewide diagnostic assessments and provision of intervention services.
3302.04	Requirement to develop a continuous improvement plan for certain schools that fail to meet annual yearly progress and to take other actions (such as installing a new curriculum and reconstituting schools) for schools that persistently do not demonstrate improvement, to the extent and manner prescribed in R.C. 3314.03(A)(24).
Chapter 3307.	State Teachers Retirement System .
Chapter 3309.	School Employees Retirement System.
3313.205	Requirement to adopt a policy on notification of a parent when the parent's child is absent from school. (1)
3313.375	Authorization and procedures for entering into lease-purchase contracts for the acquisition of facilities (in the same manner as school districts and educational service centers).
3313.472	Requirement to adopt a policy on parent involvement in schools. (2)
3313.50	Record requirements relating to student hearing and vision testing.
3313.602(D)	Requirement that each school devote one hour to observance of Veteran's Day.
3313.608	"Third grade reading guarantee."
3313.6012	Requirement to have policy on academic "prevention/intervention" services.
3313.61, 3313.611, 3313.614, and 3313.615	Requirement to award diplomas to students meeting the testing criteria and completing the high school curriculum. (Community schools are not subject to the Revised Code's curriculum requirements. They set their own curricula.) (3)
3313.643	Requirement that students and teachers wear industrial eye protection in certain industrial courses or activities.
3313.648	Prohibition on offering monetary payment or other in-kind gift to a student or a student's parent or guardian as an incentive for that student to enroll in a school.
3313.66, 3313.661, and 3313.662	Student suspension, expulsion, and permanent exclusion requirements.
3313.67	Requirement to keep records of student immunizations.
3313.671	Prohibition against allowing a student to remain in school longer than 14 days without submitting immunization records or evidence that immunization is in progress (except that the parental right to excuse a child from immunization for religious reasons applies).
3313.672	Requirement to request records from a child's previous school.
3313.673	Screening of new kindergartners and first-graders in hearing, vision, speech and communication, and health.
3313.69	Requirement to include hearing and vision screening if school opts to have any dental and medical screening.
3313.71	Tuberculin testing requirements.
3313.712	Requirement to provide the parent of every enrolled student a statutorily prescribed blank emergency medical authorization form. (4)
3313.716	Requirement that public schools permit students to self-administer asthma medication.
3313.80	Requirement to display the national flag.
3314.011	Community school fiscal officer education requirements.
3314 .03 (A)(6)(b)	Requirement that a community school automatically withdraw from enrollment any student who has failed without legitimate excuse to participate in 105 consecutive hours of offered learning opportunities.
3314.031	Requirement that "Internet and other computer-based community schools" use a filtering device or software to block access to materials that are obscene or harmful to juveniles on all computers provided to students for instructional use.
3314.032	Requirement that an "Internet and other computer-based community school" provide one computer to each student enrolled in the school unless a parent with more than one child from the parent's household enrolled in the school waives that right.
3314.041	Requirement that each community school distribute to parents of students at the time the students enroll in school a written statutorily-prescribed statement explaining that the school is a public school and that students are subject to achievement testing and other statutory requirements.
3319.073	Requirement for teacher in-service training in child abuse prevention.
3319.22 to 3319.30, and 3319.301	Teacher licensing requirements. (5)
3319.321	Requirements for confidentiality of student information.
3319.39	Requirements for criminal records checks of job applicants.
3321.01	Requirements relating to admittance of children to kindergarten and first grade.
3321.13	Reporting requirements related to a child withdrawing from school; requirement to report certain withdrawn students to the Registrar of Motor Vehicles.
3321.14, 3321.17, 3321.18, 3321.19, and 3321.191	Compulsory School Law enforcement requirements .
Chapter 3323.	Requirements related to special education .
3327.10	School bus driver qualifications.
Chapter 3365.	Requirement to participate in Post-Secondary Enrollment Options Program.
3365.041	Requirement that governing authority of a community school that expels a student notify the pertinent higher education institution that the student attends under the Post-Secondary Enrollment Options Program.
Chapter 3742.	Requirements to take actions to prevent lead poisoning and to control lead hazard in schools.
4111.17	Ohio Equal Pay Law (anti-discrimination related to wages).
Chapter 4112.	Ohio Civil Rights Act.
4113.52	Ohio Whistleblower Law.
Chapter 4117.	The state Collective Bargaining Law (as prescribed in R.C. 3314.10(A)(2) and (3)).
Chapter 4123.	Workers' Compensation Law.
Chapter 4141.	Unemployment Compensation Law.
Chapter 4167.	State Occupational Safety and Health Law.
5705.391	Requirements for five-year projections of school district revenues and expenditures

In addition, community schools must comply with any laws or rules that "grant certain rights to parents" and with health and safety standards established by law for school buildings.

NOTES:

         1. Although this provision is not included in the list of laws with which community schools must comply prescribed in R.C. 3314.03(A)(11)(d), it is a provision that may be characterized as granting rights to parents, and, under R.C. 3314.04, community schools are not exempt from such laws. Therefore, it appears that community schools must comply with this provision.

         2. This provision may be characterized as granting rights to parents and therefore might apply to community schools. See note 1, above.

          3. R.C. 3313.616 permits school districts and nonpublic schools to grant diplomas to certain WWII veterans. Since the statute does not mention community schools, presumably they cannot award diplomas to veterans.

         4. This provision may be characterized as granting rights to parents and therefore might apply to community schools. See note 1, above.

       5. Although community school teachers must hold an educator's license or certificate issued by the State Board of Education as prescribed in R.C. 3314.03(A)(10), the Department of Education has determined that they are not subject to the State Board rule that requires teachers to teach in the subject area or grade level for which they are licensed.

In addition, the federal No Child Left Behind Act of 2001 (NCLB), provides that all teachers hired after the start of the 2002-2003 school year who teach in core academic subjects supported by federal Title I funds must be "highly qualified" and that by the 2005-2006 school year all teachers are highly qualified. However, it appears that federal law exempts community school teachers from this requirement and requires them only to satisfy the provisions of the state's community school law. NCLB has left it up to each state to determine the definition of a "highly qualified" teacher within certain minimum specifications. In general, to be highly qualified, a teacher must be licensed by the state, hold a bachelor's degree, and demonstrate competency in the area or grade level in which the teacher practices. (See 34 C.F.R. 200.56(A)(3).)