As Introduced
135th General Assembly
Regular Session H. B. No. 240
2023-2024
Representative Stoltzfus
Cosponsors: Representatives Click, Dean, Fowler Arthur, Gross, Johnson, Kick,
King, Klopfenstein, Willis
A BILL
To amend sections 3314.03 and 3326.11 and to enact 1
section 3313.473 of the Revised Code to permit 2
public schools to employ chaplains to provide 3
support services. 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03 and 3326.11 be amended 5
and section 3313.473 of the Revised Code be enacted to read as 6
follows: 7
Sec. 3313.473. (A) A school district, community school 8
established pursuant to Chapter 3314. of the Revised Code, or 9
STEM school established pursuant to Chapter 3326. of the Revised 10
Code may employ or accept as a volunteer a chaplain to provide 11
support, services, and programs for students. A chaplain 12
employed or volunteering in accordance with this section shall 13
not be required to apply for a license or certification with the 14
state board of education. 15
(B)(1) As a condition of employment or volunteerism, each 16
employee or volunteer described in division (A) of this section 17
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As Introduced
shall be subject to a criminal records check as prescribed by 18
section 3319.391 of the Revised Code. In the manner prescribed 19
by the department of education, the individual shall submit the 20
criminal records check to the department and shall register with 21
the department during the period in which the individual is 22
employed by or volunteers at the school district or school. 23
(2) If the department receives notification of the arrest 24
or conviction of an individual subject to this section, the 25
department shall promptly notify the school district or school 26
and may take any action authorized under sections 3319.31 and 27
3319.311 of the Revised Code that the department considers 28
appropriate. 29
(3) The department shall not accept the application of any 30
individual under this division if the department learns that the 31
individual has pleaded guilty to, has been found guilty by a 32
jury or court of, or has been convicted of any of the offenses 33
listed in division (C) of section 3319.31 of the Revised Code. 34
(C) Chaplain services may be offered in addition to, but 35
not in lieu of, school counselor services. 36
(D) Each school district or school may establish 37
requirements and procedures as necessary to implement this 38
section. 39
Sec. 3314.03. A copy of every contract entered into under 40
this section shall be filed with the superintendent of public 41
instruction. The department of education shall make available on 42
its web site a copy of every approved, executed contract filed 43
with the superintendent under this section. 44
(A) Each contract entered into between a sponsor and the 45
governing authority of a community school shall specify the 46
H. B. No. 240 Page 3
As Introduced
following: 47
(1) That the school shall be established as either of the 48
following: 49
(a) A nonprofit corporation established under Chapter 50
1702. of the Revised Code, if established prior to April 8, 51
2003; 52
(b) A public benefit corporation established under Chapter 53
1702. of the Revised Code, if established after April 8, 2003. 54
(2) The education program of the school, including the 55
school's mission, the characteristics of the students the school 56
is expected to attract, the ages and grades of students, and the 57
focus of the curriculum; 58
(3) The academic goals to be achieved and the method of 59
measurement that will be used to determine progress toward those 60
goals, which shall include the statewide achievement 61
assessments; 62
(4) Performance standards, including but not limited to 63
all applicable report card measures set forth in section 3302.03 64
or 3314.017 of the Revised Code, by which the success of the 65
school will be evaluated by the sponsor; 66
(5) The admission standards of section 3314.06 of the 67
Revised Code and, if applicable, section 3314.061 of the Revised 68
Code; 69
(6)(a) Dismissal procedures; 70
(b) A requirement that the governing authority adopt an 71
attendance policy that includes a procedure for automatically 72
withdrawing a student from the school if the student without a 73
legitimate excuse fails to participate in seventy-two 74
H. B. No. 240 Page 4
As Introduced
consecutive hours of the learning opportunities offered to the 75
student. 76
(7) The ways by which the school will achieve racial and 77
ethnic balance reflective of the community it serves; 78
(8) Requirements for financial audits by the auditor of 79
state. The contract shall require financial records of the 80
school to be maintained in the same manner as are financial 81
records of school districts, pursuant to rules of the auditor of 82
state. Audits shall be conducted in accordance with section 83
117.10 of the Revised Code. 84
(9) An addendum to the contract outlining the facilities 85
to be used that contains at least the following information: 86
(a) A detailed description of each facility used for 87
instructional purposes; 88
(b) The annual costs associated with leasing each facility 89
that are paid by or on behalf of the school; 90
(c) The annual mortgage principal and interest payments 91
that are paid by the school; 92
(d) The name of the lender or landlord, identified as 93
such, and the lender's or landlord's relationship to the 94
operator, if any. 95
(10) Qualifications of teachers, including a requirement 96
that the school's classroom teachers be licensed in accordance 97
with sections 3319.22 to 3319.31 of the Revised Code, except 98
that a community school may engage noncertificated persons to 99
teach up to twelve hours or forty hours per week pursuant to 100
section 3319.301 of the Revised Code. 101
(11) That the school will comply with the following 102
H. B. No. 240 Page 5
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requirements: 103
(a) The school will provide learning opportunities to a 104
minimum of twenty-five students for a minimum of nine hundred 105
twenty hours per school year. 106
(b) The governing authority will purchase liability 107
insurance, or otherwise provide for the potential liability of 108
the school. 109
(c) The school will be nonsectarian in its programs, 110
admission policies, employment practices, and all other 111
operations, and will not be operated by a sectarian school or 112
religious institution. 113
(d) The school will comply with sections 9.90, 9.91, 114
109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 115
3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 116
3313.472, 3313.473, 3313.50, 3313.539, 3313.5310, 3313.608, 117
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6020, 118
3313.6024, 3313.6025, 3313.6026, 3313.643, 3313.648, 3313.6411, 119
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 120
3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 121
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 122
3313.721, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 123
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 124
3319.238, 3319.318, 3319.321, 3319.39, 3319.391, 3319.393, 125
3319.41, 3319.46, 3320.01, 3320.02, 3320.03, 3321.01, 3321.041, 126
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3323.251, 127
3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and 128
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., 129
and 4167. of the Revised Code as if it were a school district 130
and will comply with section 3301.0714 of the Revised Code in 131
the manner specified in section 3314.17 of the Revised Code. 132
H. B. No. 240 Page 6
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(e) The school shall comply with Chapter 102. and section 133
2921.42 of the Revised Code. 134
(f) The school will comply with sections 3313.61, 135
3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the 136
Revised Code, except that for students who enter ninth grade for 137
the first time before July 1, 2010, the requirement in sections 138
3313.61 and 3313.611 of the Revised Code that a person must 139
successfully complete the curriculum in any high school prior to 140
receiving a high school diploma may be met by completing the 141
curriculum adopted by the governing authority of the community 142
school rather than the curriculum specified in Title XXXIII of 143
the Revised Code or any rules of the state board of education. 144
Beginning with students who enter ninth grade for the first time 145
on or after July 1, 2010, the requirement in sections 3313.61 146
and 3313.611 of the Revised Code that a person must successfully 147
complete the curriculum of a high school prior to receiving a 148
high school diploma shall be met by completing the requirements 149
prescribed in section 3313.6027 and division (C) of section 150
3313.603 of the Revised Code, unless the person qualifies under 151
division (D) or (F) of that section. Each school shall comply 152
with the plan for awarding high school credit based on 153
demonstration of subject area competency, and beginning with the 154
2017-2018 school year, with the updated plan that permits 155
students enrolled in seventh and eighth grade to meet curriculum 156
requirements based on subject area competency adopted by the 157
state board of education under divisions (J)(1) and (2) of 158
section 3313.603 of the Revised Code. Beginning with the 2018- 159
2019 school year, the school shall comply with the framework for 160
granting units of high school credit to students who demonstrate 161
subject area competency through work-based learning experiences, 162
internships, or cooperative education developed by the 163
H. B. No. 240 Page 7
As Introduced
department under division (J)(3) of section 3313.603 of the 164
Revised Code. 165
(g) The school governing authority will submit within four 166
months after the end of each school year a report of its 167
activities and progress in meeting the goals and standards of 168
divisions (A)(3) and (4) of this section and its financial 169
status to the sponsor and the parents of all students enrolled 170
in the school. 171
(h) The school, unless it is an internet- or computer- 172
based community school, will comply with section 3313.801 of the 173
Revised Code as if it were a school district. 174
(i) If the school is the recipient of moneys from a grant 175
awarded under the federal race to the top program, Division (A), 176
Title XIV, Sections 14005 and 14006 of the "American Recovery 177
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, 178
the school will pay teachers based upon performance in 179
accordance with section 3317.141 and will comply with section 180
3319.111 of the Revised Code as if it were a school district. 181
(j) If the school operates a preschool program that is 182
licensed by the department of education under sections 3301.52 183
to 3301.59 of the Revised Code, the school shall comply with 184
sections 3301.50 to 3301.59 of the Revised Code and the minimum 185
standards for preschool programs prescribed in rules adopted by 186
the state board under section 3301.53 of the Revised Code. 187
(k) The school will comply with sections 3313.6021 and 188
3313.6023 of the Revised Code as if it were a school district 189
unless it is either of the following: 190
(i) An internet- or computer-based community school; 191
(ii) A community school in which a majority of the 192
H. B. No. 240 Page 8
As Introduced
enrolled students are children with disabilities as described in 193
division (A)(4)(b) of section 3314.35 of the Revised Code. 194
(l) The school will comply with section 3321.191 of the 195
Revised Code, unless it is an internet- or computer-based 196
community school that is subject to section 3314.261 of the 197
Revised Code. 198
(12) Arrangements for providing health and other benefits 199
to employees; 200
(13) The length of the contract, which shall begin at the 201
beginning of an academic year. No contract shall exceed five 202
years unless such contract has been renewed pursuant to division 203
(E) of this section. 204
(14) The governing authority of the school, which shall be 205
responsible for carrying out the provisions of the contract; 206
(15) A financial plan detailing an estimated school budget 207
for each year of the period of the contract and specifying the 208
total estimated per pupil expenditure amount for each such year. 209
(16) Requirements and procedures regarding the disposition 210
of employees of the school in the event the contract is 211
terminated or not renewed pursuant to section 3314.07 of the 212
Revised Code; 213
(17) Whether the school is to be created by converting all 214
or part of an existing public school or educational service 215
center building or is to be a new start-up school, and if it is 216
a converted public school or service center building, 217