As Introduced
136th General Assembly
Regular Session H. B. No. 97
2025-2026
Representatives Brewer, Mohamed
Cosponsors: Representatives Abdullahi, Brennan, Brent, Brownlee, Denson,
Glassburn, Grim, McNally, Rader, Russo, Sigrist, Synenberg, Upchurch, Rogers
A B I L L
To amend sections 3314.03, 3326.11, and 3328.24 and
to enact section 3313.8110 of the Revised Code
to require public schools to provide meals and
related services to students.
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 3313.8110 of the Revised Code be enacted to
read as follows:
Sec. 3313.8110. (A) Regardless of whether a student has
money to pay for a meal or owes money for earlier meals, each
school district shall provide a meal to a student who requests
one.
(B) No district shall do any of the following:
(1) Require that a student discard a meal after it has
been served because of the student's inability to pay for the
meal or because money is owed for previously provided meals;
(2) Require a student who cannot pay for a meal or who
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owes a meal debt to do chores or other work to pay for meals,
provided that chores or work required of all students regardless
of a meal debt is permitted;
(3) Refuse a meal to a student as a form of disciplinary
action;
(4) Publicly identify or stigmatize a student who cannot
pay for a meal or who owes a meal debt.
(C) Each district shall direct communications about a
student's meal debt to a parent or guardian and not to the
student, except that if a student inquires about that student's
meal debt, the district may answer the student's inquiry.
Nothing in this section shall prohibit a district from sending a
student home with a letter addressed to a parent or guardian.
(D) The department of education and workforce shall
provide guidance for districts relating to the collection of
student meal debt and post the guidance on the department's
publicly accessible web site. The guidance shall include best
practices and information on creating an online system for the
payment of school debt.
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:
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(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, 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
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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.
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(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, 3301.948, 3302.037,
3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319,
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020,
3313.6024, 3313.6025, 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,
3313.8110, 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, 3319.614,
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.,
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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
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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
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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.
(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,
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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;
(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
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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
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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
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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.
(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;
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(3) If the community school is a currently existing public
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;
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(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.
(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
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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, 3301.948, 3302.037, 3313.14,
3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 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, 3313.6025, 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,
3313.8110, 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, 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.,
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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, 3313.5318, 3313.5319,
3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6025,
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, 3313.8110, 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. 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.
214, H.B. 250, and S.B. 168, all of the 135th General Assembly.
Section 3326.11 of the Revised Code as amended by H.B. 47,
H.B. 214, and S.B. 168, all of the 135th General Assembly.
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451 H. B. No. 97 Page 17
As Introduced
Section 3328.24 of the Revised Code as amended by both
H.B. 82 and H.B. 110 of the 134th General Assembly.
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