Ohio 2025 2025-2026 Regular Session

Ohio House Bill HB190 Introduced / Bill

                    As Introduced
136th General Assembly
Regular Session	H. B. No. 190
2025-2026
Representatives Newman, Williams
Cosponsors: Representatives Dean, Gross, Click, Mullins
To amend sections 3313.473, 3314.03, 3326.11, and 
3328.24 and to enact section 3313.475 of the 
Revised Code to enact the Given Name Act 
regarding the use of gender pronouns in public 
schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.473, 3314.03, 3326.11, and 
3328.24 be amended and section 3313.475 of the Revised Code be 
enacted to read as follows:
Sec. 3313.473. (A) The general assembly maintains that a 
parent has a fundamental right to make decisions concerning the 
upbringing, education, and care of the parent's child.
(B) Not later than the first day of July following the 
effective date of this section July 1, 2025, the board of 
education of each city, local, exempted village, and joint 
vocational school district shall develop and adopt a policy to 
promote parental involvement in the public school system. The 
policy shall require a school district to do all of the 
following:
(1)(a) Ensure that any sexuality content is age-
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appropriate and developmentally appropriate for the age of the 
student receiving the instruction, regardless of the age or 
grade level of the student.
(b) Prior to providing instruction that includes sexuality 
content or permitting a third party to provide such instruction 
on behalf of the district, provide parents the opportunity to 
review any instructional material that includes sexuality 
content. Upon request of the student's parent, a student shall 
be excused from instruction that includes sexuality content and 
be permitted to participate in an alternative assignment.
(2) Promptly notify a student's parent of any substantial 
change in the student's services, including counseling services, 
or monitoring related to the student's mental, emotional, or 
physical health or well-being or the school's ability to provide 
a safe and supportive learning environment for the student. The 
policy shall specify in what manner a student's parent will be 
notified of any substantial change in the student's services.
The policy shall specify that notice to parents shall 
reinforce the fundamental right of parents to make decisions 
regarding the upbringing and control of their children, and that 
the school district shall not inhibit parental access to the 
student's education and health records maintained by the school.
(3) Prohibit school district personnel from directly or 
indirectly encouraging a student to withhold from a parent 
information concerning the student's mental, emotional, or 
physical health or well-being, or a change in related services 
or monitoring. 
The policy shall prohibit school district personnel from 
discouraging or prohibiting parental notification of and 
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involvement in decisions affecting a student's mental, 
emotional, or physical health or well-being.
(4) Adopt a procedure to obtain authorization from parents 
prior to providing any type of health care service to the 
student, including physical, mental, and behavioral health care 
services. Under the procedure, a parent may choose whether to 
authorize a district to provide a health care service to the 
parent's child. The procedure shall require the school district 
to do both of the following:
(a) At the beginning of the school year, notify parents of 
each health care service offered at, or facilitated in 
cooperation with, their student's school and their option to 
withhold consent or decline any specified service. Parental 
consent to health care services does not waive the parent's 
right to access the parent's student's educational or health 
records or to be notified about a change in the student's 
services or monitoring as provided in this section.
(b) Prior to providing a health care service to a student, 
notify a parent whether the service is required to be provided 
by the school district under state law and if other options for 
a student to access the service exist. This requirement may be 
satisfied by an annual notice to parents at the beginning of the 
school year.
Division (B)(4) of this section does not apply to 
emergency situations, first aid, other unanticipated minor 
health care services, or health care services provided pursuant 
to a student's IEP or a school district's obligation under 
section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794.
(5) Permit a parent to file with a school principal or 
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assistant principal a written concern regarding a topic 
addressed in this section. The policy shall establish a process 
for a principal or assistant principal to resolve such concerns 
within thirty days after their receipt. Under the policy, school 
districts shall notify parents of their right to file a written 
concern. A parent may appeal a principal's or assistant 
principal's decision to the superintendent of that district.
If a parent appeals the principal's or assistant 
principal's decision, the superintendent, or a designee of the 
superintendent, shall conduct a hearing on the decision. Based 
on the findings of that hearing, the superintendent shall decide 
whether to affirm the principal's or assistant principal's 
decision. If the superintendent does not affirm the decision, 
the superintendent shall determine a resolution to the parent's 
concern. A parent may appeal the superintendent's decision to 
the board of education of the school district. The board shall 
review the superintendent's decision and, if the board 
determines it necessary, hold a hearing on the decision and, 
based on that hearing, either affirm the superintendent's 
decision or determine a new resolution to the parent's concern. 
Nothing in division (B)(5) of this section shall prevent a 
parent from contacting a member of a board of education 
regarding the parent's concerns with the operation of a school 
under the supervision of that board.
(6) Ensure full compliance with the requirements 
prescribed under section 3313.475 of the Revised Code and 
describe a parent's or guardian's right to a cause of action 
under division (G) of that section.
(C) Each school district shall make its policy adopted 
under this section publicly available and post it prominently on 
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its publicly accessible web site, if it has one.
(D) This section does not prescribe all rights of parents 
or preempt or foreclose claims or remedies in support of 
parental rights that are available under the constitution, 
statutes, or common law of this state.
(E) No school district or third party acting on behalf of 
a district shall provide instruction that includes sexuality 
content to students in grades kindergarten through three.
(F)(1) Nothing in this section shall require disclosure or 
activity that is in conflict with or in violation of any of the 
following:
(a) The HIPAA privacy rule;
(b) Chapter 3798. of the Revised Code;
(c) Section 2317.02, 4732.19, or 5122.04 of the Revised 
Code;
(d) The "Family Educational Rights and Privacy Act of 
1974," 20 U.S.C. 1232g;
(e) Ohio Constitution, Article I, Section 10a and any laws 
enacted to implement that section, including sections 2930.07 
and 2930.10 of the Revised Code.
(2) Nothing in this section requires disclosure or 
activity in violation of any court order, including any of the 
following:
(a) A condition of bond;
(b) A protection order or consent agreement issued 
pursuant to section 2151.34, 2903.213, 2903.214, 2919.26, or 
3113.31 of the Revised Code;
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(c) A condition of a community control sanction, post-
release control sanction, or parole.
(3) Nothing in this section requires disclosure or 
activity in violation of a specific request for nondisclosure 
made pursuant to a criminal investigation or grand jury subpoena 
in which the student is the victim and a parent is the alleged 
perpetrator.
(4) Nothing in this section prohibits or prevents 
mandatory reporting under section 2151.421 of the Revised Code.
(5) Nothing in this section prohibits or limits the career 
and academic mentoring and counseling between teachers and 
students in the regular course of the school day. 
(G) As used in this section:
(1) "Biological sex" means the biological indication of 
male and female, including sex chromosomes, naturally occurring 
sex hormones, gonads, and unambiguous internal and external 
genitalia present at birth, without regard to an individual's 
psychological, chosen, or subjective experience of gender.
(2) "HIPAA privacy rule" has the same meaning as in 
section 3798.01 of the Revised Code.
(3) "IEP" has the same meaning as in section 3323.01 of 
the Revised Code.
(4) "Parent" has the same meaning as in section 3313.98 of 
the Revised Code.
(5) "Sexuality content" means any oral or written 
instruction, presentation, image, or description of sexual 
concepts or gender ideology provided in a classroom setting.
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"Sexuality content" does not mean any of the following:
(a) Instruction or presentations in sexually transmitted 
infection education, child sexual abuse prevention, and sexual 
violence prevention education provided under division (A)(5) of 
section 3313.60 or section 3314.0310 or 3326.091 of the Revised 
Code;
(b) Instruction or presentations in sexually transmitted 
infection education emphasizing abstinence provided under 
section 3313.6011 of the Revised Code;
(c) Incidental references to sexual concepts or gender 
ideology occurring outside of formal instruction or 
presentations on such topics, including references made during 
class participation and in schoolwork.
(6) "Student's mental, emotional, or physical health or 
well-being" includes, at a minimum, any of the following:
(a) A student's academic performance;
(b) Any significant sickness or physical injury, or any 
psychological trauma suffered by a student;
(c) Any harassment, intimidation, or bullying, as defined 
in section 3313.666 of the Revised Code, by or against a student 
in violation of school district policy;
(d) Any request by a student to identify as a gender that 
does not align with the student's biological sex;
(e) Exhibition of suicidal ideation or persistent symptoms 
of depression, or severe anxiety, or other mental health issues. 
(7) "Age-appropriate" and "developmentally appropriate" 
content refers to activities or items that are generally 
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accepted as suitable for children of the same chronological age 
or level of maturity or that are determined to be 
developmentally appropriate for a child, based on the 
development of cognitive, emotional, physical, and behavioral 
capacities that are typical for an age or age group.
Sec. 3313.475.  	(A) As used in this section:  
(1) "Biological sex" means the biological indication of 
male and female in the context of reproductive potential or 
capacity, such as sex chromosomes, naturally occurring sex 
hormones, gonads, and nonambiguous internal and external 
genitalia as listed on an individual's official birth 
certificate or certificate of birth issued upon adoption, if the 
certificate of birth was issued at or near the time of the 
individual's birth.
(2) "Contractor" means any individual working in any 
capacity for any public school through a contract between any 
such school or board of education or employee or contractor of 
or member of any school or board of education and that 
individual or that individual's employer.
(3) "Employee" means any individual working in any 
capacity, whether performance of such work is voluntary or paid, 
including teachers, administrators, janitors, cafeteria workers, 
or other individuals working at any public school.
(4) "Public school" means any of the following that offers 
any of grades prekindergarten through twelve:
(a) A school district; 
(b) A community school established under Chapter 3314. of 
the Revised Code; 
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(c) A STEM school established under Chapter 3326. of the 
Revised Code;
(d) A college-preparatory boarding school established 
under Chapter 3328.24 of the Revised Code.
(B)(1) A public school employee or contractor, regardless 
of the scope of the employee's or contractor's official duties, 
shall not knowingly and intentionally address an unemancipated 
student under the age of eighteen by any of the following:
(a) A name other than the name listed on the student's 
birth certificate, or a derivative of the name listed on the 
student's birth certificate, without the written permission of 
the student's parent, legal guardian, or custodian;
(b) A pronoun or title that is inconsistent with the 
student's biological sex unless the employee or contractor has 
the written permission of the student's parent, legal guardian, 
or custodian.
(2) A public school employee or contractor, regardless of 
the scope of the employee's or contractor's official duties, 
shall not do any of the following:
(a) Inform students of the employee's or contractor's 
pronouns or title if the pronouns or title are inconsistent with 
the employee's or contractor's biological sex;
(b) Request that a student provide preferred pronouns or a 
title that are inconsistent with the student's biological sex;
(c) Penalize or otherwise subject a student to adverse or 
discriminatory treatment for failing to respond to a request to 
provide the student's preferred name, pronoun, or title.
(C) If a student requests an accommodation from a public 
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school employee or contractor that is intended to affirm the 
student's gender identity, including a request that the employee 
or contractor address the student by a name, pronoun, or title 
that is inconsistent with the student's biological sex, the 
employee or contractor shall report that request to a school 
administrator, and the school administrator shall report the 
student's request to the student's parent.
(D) A public school shall not do any of the following:
(1) Require a public school employee or contractor to 
address any individual using a name other than the individual's 
legal name, or a derivative of that name, or by a pronoun or 
title that is inconsistent with the individual's biological sex;
(2) Subject an employee or contractor to adverse 
employment action for declining to provide the employee's or 
contractor's pronouns or to address any individual using a name 
other than the individual's legal name, or a derivative of that 
name, or by a pronoun or title that is inconsistent with the 
individual's biological sex;
(3) Penalize or otherwise subject a student to adverse or 
discriminatory treatment for declining to identify the student's 
pronouns or to address any individual using a name other than 
the individual's legal name, or a derivative of that name, or by 
a pronoun or title that is inconsistent with the individual's 
biological sex.
(E) Nothing in this section shall be construed to prohibit 
employees or contractors from discussing any matters of public 
concern outside the context of their official duties.
(F) The department of education and workforce shall 
establish a procedure under which an individual may submit a 
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complaint about an alleged violation of this section by a public 
school or its employee or contractor. The department shall 
conduct an investigation regarding the complaint and submit a 
report of its findings to the director of education and 
workforce. If the director determines the school or its employee 
violated this section, the department shall withhold ten per 
cent of the school's state foundation aid under Chapter 3317. of 
the Revised Code each month until such time that the school is 
confirmed by the director to be in compliance with this section. 
A school in violation of this section shall report back to the 
director within forty-five days after the department determines 
the school or it's employee violated the section to affirm it is 
in compliance with this section. 
(G) When a school or its employee knowingly violates 
division (B) of this section a parent or guardian may bring a 
cause of action for the following: 
(1) Injunctive relief; 
(2) Reasonable attorney's fees and costs.
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 
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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, 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; 
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(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 
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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, 3301.948, 3302.037, 
3313.472, 3313.473, 3313.474, 3313.475, 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, 3313.643, 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, 
3313.69, 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, 3313.86, 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 
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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 
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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: 
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(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. 
(12) Arrangements for providing health and other benefits 
to employees; 
(13) The length of the contract, which shall begin at the 
beginning of an academic year. No contract shall exceed five 
years unless such contract has been renewed pursuant to division 
(E) of this section. 
(14) The governing authority of the school, which shall be 
responsible for carrying out the provisions of the contract; 
(15) A financial plan detailing an estimated school budget 
for each year of the period of the contract and specifying the 
total estimated per pupil expenditure amount for each such year. 
(16) Requirements and procedures regarding the disposition 
of employees of the school in the event the contract is 
terminated or not renewed pursuant to section 3314.07 of the 
Revised Code; 
(17) Whether the school is to be created by converting all 
or part of an existing public school or educational service 
center building or is to be a new start-up school, and if it is 
a converted public school or service center building, 
specification of any duties or responsibilities of an employer 
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that the board of education or service center governing board 
that operated the school or building before conversion is 
delegating to the governing authority of the community school 
with respect to all or any specified group of employees provided 
the delegation is not prohibited by a collective bargaining 
agreement applicable to such employees; 
(18) Provisions establishing procedures for resolving 
disputes or differences of opinion between the sponsor and the 
governing authority of the community school; 
(19) A provision requiring the governing authority to 
adopt a policy regarding the admission of students who reside 
outside the district in which the school is located. That policy 
shall comply with the admissions procedures specified in 
sections 3314.06 and 3314.061 of the Revised Code and, at the 
sole discretion of the authority, shall do one of the following: 
(a) Prohibit the enrollment of students who reside outside 
the district in which the school is located; 
(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; 
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(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) 
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As Introduced
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; 
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(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. 
(B) The community school shall also submit to the sponsor 
a comprehensive plan for the school. The plan shall specify the 
following: 
(1) The process by which the governing authority of the 
school will be selected in the future; 
(2) The management and administration of the school; 
(3) If the community school is a currently existing public 
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As Introduced
school or educational service center building, alternative 
arrangements for current public school students who choose not 
to attend the converted school and for teachers who choose not 
to teach in the school or building after conversion; 
(4) The instructional program and educational philosophy 
of the school; 
(5) Internal financial controls. 
When submitting the plan under this division, the school 
shall also submit copies of all policies and procedures 
regarding internal financial controls adopted by the governing 
authority of the school. 
(C) A contract entered into under section 3314.02 of the 
Revised Code between a sponsor and the governing authority of a 
community school may provide for the community school governing 
authority to make payments to the sponsor, which is hereby 
authorized to receive such payments as set forth in the contract 
between the governing authority and the sponsor. The total 
amount of such payments for monitoring, oversight, and technical 
assistance of the school shall not exceed three per cent of the 
total amount of payments for operating expenses that the school 
receives from the state. 
(D) The contract shall specify the duties of the sponsor 
which shall be in accordance with the written agreement entered 
into with the department 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 
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619 H. B. No. 190 Page 23
As Introduced
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. 
(E) Upon the expiration of a contract entered into under 
this section, the sponsor of a community school may, with the 
approval of the governing authority of the school, renew that 
contract for a period of time determined by the sponsor, but not 
ending earlier than the end of any school year, if the sponsor 
finds that the school's compliance with applicable laws and 
terms of the contract and the school's progress in meeting the 
academic goals prescribed in the contract have been 
satisfactory. Any contract that is renewed under this division 
remains subject to the provisions of sections 3314.07, 3314.072, 
and 3314.073 of the Revised Code. 
(F) If a community school fails to open for operation 
within one year after the contract entered into under this 
section is adopted pursuant to division (D) of section 3314.02 
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As Introduced
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, 3301.948, 3302.037, 3313.14, 
3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 
3313.473, 3313.474, 3313.475, 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, 3313.61, 
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, 3313.69, 3313.71, 
3313.716, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 
3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 
3313.817, 3313.818, 3313.819, 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, 3319.90, 
3319.614, 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 
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679 H. B. No. 190 Page 25
As Introduced
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, 3313.475, 
3313.5318, 3313.5319, 3313.6013, 3313.6021, 3313.6023, 
3313.6024, 3313.6026, 3313.6029, 3313.617, 3313.618, 3313.6114, 
3313.6411, 3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 
3313.7112, 3313.7117, 3313.721, 3313.753, 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 3313.473, 3314.03, 
3326.11, and 3328.24 of the Revised Code are hereby repealed.
Section 3. This act shall be known as The Given Name 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 H.B. 8, 
H.B. 214, H.B. 250, S.B. 104, S.B. 168, S.B. 208, and S.B. 234, 
all of the 135th General Assembly.
Section 3326.11 of the Revised Code as amended by H.B. 8, 
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As Introduced
H.B. 47, H.B. 214, S.B. 104, S.B. 168, S.B. 208, and S.B. 234, 
all of the 135th General Assembly.
Section 3328.24 of the Revised Code as amended by both 
S.B. 208 and S.B. 234 of the 135th General Assembly.
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