Chapter 3301-102 Community Schools

3301-102-01 Purpose.

The purposes of this chapter are to define the criteria for sponsorship of a community school and to set forth the roles and responsibilities of the state board of education, the Ohio department of education, all community school sponsors and community schools, as well as to clarify their relationships with each other, in order to assist community schools in providing a public education, as a local education agency, independent of any school district, as an option to community school students and parents.

Effective: 07/24/2010
R.C. 119.032 review dates: 04/19/2013
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364
of the 124th GA
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of
ASHB 364 of the 124th GA
Prior Effective Dates: 7/7/2003

3301-102-02 Definitions.

The following terms are defined as they are used in the rules in this chapter:

(A) "Administrative office" means the primary center as designated by the community school that houses the following items, including, but not limited to:

(1) Student records;

(2) Personnel files;

(3) Financial records;

(4) School policies and procedures; and

(5) The school's main telephone line.

(B) "Administrative services" means services designed to accomplish reasonably expected functions of a public school's daily operations, including, but not limited to, services provided by a superintendent, principal, treasurer, school psychologist, or data coordinator.

(C) "Base of operation" means a central facility where an internet- or computer-based community school maintains its administrative office.

(D) "Challenged school district" means any of the following:

(1) A school district that is part of the pilot project area;

(2) A school district that is in a state of academic emergency under section 3302.03 of the Revised Code;

(3) A school district that is in a state of academic watch under section 3302.03 of the Revised Code;

(4) A big eight school district means a school district that for fiscal year 1997 met the following conditions:

(a) Had a percentage of children residing in the district and participating in the predecessor of Ohio works first greater than thirty per cent, as reported pursuant to section 3317.10 of the Revised Code; and

(b) Had an average daily membership greater than twelve thousand, as reported pursuant to former division (A) of section 3317.03 of the Revised Code.

(E) "Chief administrative officer" means the individual designated by the governing authority as the person in charge of the community school's daily operation and assigned the role of superintendent in the Ohio educational directory system - redesign (OEDS-R) or its successor system.

(F) "Conflict of interest" has the same meaning as set forth in Chapters 102. and 2921. of the Revised Code.

(G) "Community school" means a public school created under Chapter 3314. of the Revised Code, independent of any school district and part of the state's program of education.

(H) "Community school contract" means a written agreement and any amendments thereto, between the sponsor and the governing authority of a community school that establishes the duties, rights and responsibilities of both parties in accordance with all sections of the Revised Code and all rules of the Administrative Code that are applicable to sponsors and community schools.

(I) "Conversion school" means a community school created by converting all or a portion of an existing traditional public school or building operated by an educational service center or joint vocational school district to a community school.

(J) "Department" means the Ohio department of education.

(K) "Eligible entity" means any of the following:

(1) The board of education of the district in which the school is proposed to be located;

(2) The board of education of any joint vocational school district with territory in the county in which is located the majority of the territory of the district in which the school is proposed to be located;

(3) The board of education of any other city, local, or exempted village school district having territory in the same county where the district in which the school is proposed to be located has the major portion of its territory;

(4) The governing board of any educational service center, as long as the proposed school will be located in a county within the territory of the service center or in a county contiguous to such county;

(5) The board of trustees of any of the thirteen state universities listed in section 3345.011 of the Revised Code [university of Akron, Bowling Green state university, Central state university, university of Cincinnati, Cleveland state university, Kent state university, Miami university, Ohio university, the Ohio state university, Shawnee state university, university of Toledo, Wright state university, and Youngstown state university], or a sponsoring authority designated by any such board of trustees, as long as a contractually specified mission of the proposed community school will be the practical demonstration of teaching methods, educational technology, or other teaching practices that are included in the university's teacher preparation program approved by the state board;

(6) Any qualified tax-exempt entity under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3) (January 2009 ), if all of the following conditions are satisfied:

(a) The entity has been in operation for at least five years prior to the application date;

(b) The entity has net assets of at least five hundred thousand dollars that are owned by the entity and verifiable by an audited financial statement provided by a certified public accountant and has demonstrated a record of financial responsibility;

(d) The department has determined that the entity has a demonstrated record of successfully implementing educational programs; and

(e) The entity is not a community school.

(L) "Fiscal year" means July first through June thirtieth.

(M) "Governing authority" means a board of not less than five individuals who are charged with the responsibility of establishing policies and procedures for the operation and management of a new start-up or conversion community school and responsible for carrying out all of the provisions of a community school contract. The following stipulations apply to members of a governing authority:

(1) No person shall serve on the governing authority or operate the community school under contract with the governing authority so long as the person owes the state any money or is in a dispute over whether the person owes the state any money concerning the operation of a community school that has closed;

(2) No person shall serve on the governing authorities of more than two start-up community schools at the same time; and

(3) No present or former member, or immediate relative of a present or former member of the governing authority of any community school established under Chapter 3314. of the Revised Code shall be an owner, employee or consultant of any nonprofit or for-profit operator of a community school, as defined in section 3314.014 of the Revised Code, unless at least one year has elapsed since the conclusion of the person's membership.

(N) "Immediate relatives" means spouses, children, parents, grandparents, siblings, and in-laws.

(O) "Internet- or computer-based school" has the same meaning as defined in division (A)(7) of section 3314.02 of the Revised Code.

(P) "Learning opportunity" means classroom-based or non-classroom-based supervised instructional and educational activities that are defined in the community school's contract and are

(1) Provided by or supervised by a licensed teacher;

(2) Goal oriented; and

(3) Certified by a licensed teacher as meeting the criteria established for completing the learning opportunity.

(Q) "New start-up school" has the same meaning as defined in division (A)(5) of section 3314.02 of the Revised Code.

(R) "Office of Community Schools" means the office in the department established to provide advice and services for the community schools program established pursuant to Chapter 3314. of the Revised Code.

(S) "Pilot project area" means the school districts included in the territory of the former community school pilot project established by former section 50.52 of Am. Sub. H.B. No. 215 of the 122nd General Assembly. This "pilot project area" includes the entire territory of any school district having the majority of its territory in Lucas County.

(T) "Preliminary agreement" means a written agreement and any amendments thereto, between a proposing person or group and a sponsor that sets forth the intention of both parties to negotiate in good faith towards the execution of a community school contract in accordance with Chapter 3314. of the Revised Code.

(U) "Site visit" means a visit in person by a representative of the sponsor, or of the department, on-site at the location of the school with the school administrator, fiscal officer, and/or member(s) of the governing authority to review and verify contractual, local, state and federal compliance as to the following matters, including, but not limited to: health and safety, educational program, including student academic assessment, fiscal operations, governance and administration, and assessment and accountability.

(V) "Sponsor" means any of the following:

(1) An eligible entity that has been approved by the department to sponsor new start-up community schools and that has entered into a sponsorship agreement with the department regarding the manner in which it will conduct its sponsorship;

(2) An entity other than the state board of education that has entered into a community school contract to sponsor a new start-up or conversion community school on or before April 8, 2003;

(3) A city, local, or exempted village school district, educational service center, or joint vocational school district that has entered into a community school contract to sponsor a conversion community school.

(W) "Sponsor capacity" means an organization's capability of providing sufficient technical assistance, oversight, and monitoring, which includes taking steps to intervene in a school's operations to ensure that the community schools it sponsors will meet all legally mandated fiscal, academic, and operational requirements.

(X) "Sponsor oversight" means actions taken by the sponsor to fulfill its legal obligations to monitor all aspects of a school's fiscal, academic and operational performance, including, but not limited to, compliance with applicable rules and laws and all terms of the community school's contract.

(Y) "Sponsorship agreement" means a written agreement, and any amendments thereto, between the department anda sponsor which establishes the duties, rights and responsibilities of both parties in accordance with all sections of the Revised Code and all rules of the Administrative Code that are applicable to sponsors and community schools.

(Z) "State board" means the state board of education.

(AA) "Technical assistance" means providing relevant knowledge and/or expertise and/or assuring the provision of resources to assist the community school or sponsor in fulfilling its obligation under applicable rules and laws , including, but not limited to, guidance, information, written materials and manuals.

Effective: 07/24/2010
R.C. 119.032 review dates: 04/19/2013
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364
of the 124th GA
Rule Amplifies: Chapter 3314. of the Revised Code, 3314.02, Section
7 of ASHB 364 of the 124th GA
Prior Effective Dates: 7/7/2003, 5/19/06, 4/19/2008

3301-102-03 Approval of sponsors.

(A) The department shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for eligible entities that may become sponsors of new start-up community schools in challenged school districts and post that information on the department's website (education.ohio.gov) by July first each year.

(B) An eligible entity shall obtain a written application from the department to become a sponsor and shall complete it and submit it to the department no later than the deadlines posted on the department's website.

(D) The department shall provide written notice to each applicant of the department's approval or reasons for disapproval of each application after completion of the department's review process.

(E) An eligible entity shall provide as part of its initial written application, as well as during the application review process, evidence requested and deemed necessary by the department, including, but not limited to, evidence of its capacity as a sponsor and willingness to do all of the following:

(1) Demonstrate that the entity is an eligible entity capable of sponsoring a new start-up school(s) to be located in a challenged school district(s);

(2) Demonstrate that if the entity sponsors or operates schools in another state, at least one of the schools sponsored or operated by the entity must be rated comparable to or better than the performance of Ohio schools rated in continuous improvement;

(3) Demonstrate that the entity or its representative(s) possess, or are capable of providing access to, resources in order to monitor and provide technical assistance and that it shall be located within fifty miles of the location of each community school that it sponsors, or in the case of an internet- or computer-based community school, within fifty miles of each community school's base of operation, in order to provide monitoring and technical assistance;

(4) Comply with all sections of the Revised Code and all rules of the Administrative Code which are applicable to sponsors and community schools;

(5) Indicate fees, if any, which may not exceed three percent of the total amount of payments for operating expenses that the community school receives from the state, that will be charged each community school for technical assistance,oversight and monitoring pursuant to section 3314.03 of the Revised Code.

(6) Assure that a community school's accepting, purchasing, subscribing to, or otherwise using any additional services and the associated fees offered by a sponsor shall not be a precondition for sponsoring the community school, and shall be accompanied by the written assurances from the sponsor that the additional administrative services being provided:

(a) Pose no conflict of interest in accordance with Chapters 102. and 3301. of the Revised Code, and related statutory provisions, and;

(b) Shall be obtained at the lowest and best price at or below market value, as evidenced by two written price quotations from vendors not including that of the sponsor, or;

(c) If the community school accepts the sponsor's offer to provide the additional administrative services, which was not the lowest written price quotation, the sponsor has received the community's school's justification, in writing, for not selecting the lowest written price quotation, which shall be approved and adopted by the community school's governing board by resolution.

All documentation required by paragraph (E)(6) of this rule shall be provided to the department upon request.

(7) Monitor and evaluate the community school's compliance with all laws and rules applicable to community schools, including the provision of learning opportunities as specified in each community school contract, and with all other terms of the preliminary agreement and the community school contract;

(8) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school at least once each fiscal year based upon all information obtained from site visits, fiscal meetings every two months, and any other information obtained;

(9) Report the results of the evaluation conducted under paragraphs (E)(6) and (E)(7) of this rule to the parents of the students enrolled in the community school, and submit a written report of the evaluation to the department by November thirtieth of each year;

(10) Provide technical assistance to the community school in complying with all laws and rules applicable to community schools and with the terms of the preliminary agreement and the community school contract;

(11) Intervene in the community school's operation to correct problems in the community school's overall performance, declare the community school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the community school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the community school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor; and

(12) Have in place a written plan of action to be undertaken in the event that the community school experiences financial difficulties or closes prior to the end of a school year, consistent with requirements of division (E) of section 3314.015 of the Revised Code, and submit for approval the written plan of action (including, but not limited to, the handling of facilities, equipment, materials, supplies, employees, students, school records and addressing any other obligations of the community school) to the department within ten business days of the execution of the community school contract.

(F) Any eligible entity that has been approved to act as a sponsor of a community school shall enter into a sponsorship agreement with the department regarding the manner in which the entity shall conduct such sponsorship before it enters into any preliminary agreement or community school contract.

(G) The decision of the department to disapprove an entity for sponsorship of a community school may be appealed by the entity in accordance with section 119.12 of the Revised Code.

Effective: 10/31/2010
R.C. 119.032 review dates: 04/19/2003
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364 of the 124th GA
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of ASHB 364 of the 124th GA
Prior Effective Dates: 7/7/2003, 5/19/2006, 4/19/2008

3301-102-04 Sponsorship agreement.

(A) The duties and responsibilities of a sponsor of a new start-up community school in a challenged school district shall be specified in a sponsorship agreement with the department and in each community school contract to which the sponsor is a party. These duties and responsibilities include, but are not limited to, the following:

(1) Attend training sessions as required by the department, and assure that technical assistance is provided to the community school(s) that it sponsors;

(2) Verify by a site-visit prior to the community school's opening for instruction and provide in writing the annual assurances for each sponsored school no later than ten business days prior to the opening of a the school as required by section 3314.19 of the Revised Code.

(3) Indicate fees, if any, which may not exceed three percent of the total amount of payments for operating expenses that the community school receives from the state that will be charged each community school for technical assistance, oversight and monitoring pursuant to section 3314.03 of the Revised Code. A community school's accepting, purchasing, subscribing to, or otherwise using any additional services and the associated fees offered by a sponsor shall not be a precondition for sponsoring the community school and shall be accompanied by the written assurances of the sponsor that the additional administrative services being provided:

(a) Pose no conflict of interest in accordance with Chapters 102. and 3301. of the Revised Code, and related statutory provisions, and;

(b) Shall be obtained at the lowest and best price at or below market value, as evidenced by two written price quotations from vendors not including that of the sponsor, or;

(c) If the community school accepts the sponsor's offer to provide the additional administrative services which was not the lowest written price quotation, the sponsor has received the community's school's justification, in writing, for not selecting the lowest written price quotation, which shall be approved and adopted by the community school's governing board by resolution.

All documentation required by paragraph (A)(3) of this rule shall be provided to the department upon request;

(4) Monitor and evaluate the community school's compliance with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract;

(a) Conduct comprehensive site visits to the community school as necessary, but at least twice annually while classes are in session; and

(b) Make written reports of all information obtained during site visits, and provide written reports of all site visits to the department upon request.

(5) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school at least once each fiscal year;

(6) Report the results of the evaluation conducted under paragraphs (A)(4) and (A)(5) of this rule to the parents of students enrolled in the community school, and submit a written report of the evaluation results to the department by November 30th of each year;

(7) Provide technical assistance to the community school in complying with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract, and initiate intervention in a timely manner under the circumstances.

(a) The sponsor of a community school or its representative(s) shall possess, or be capable of providing access to, resources in order to monitor and provide technical assistance and shall be located within fifty miles of the location of each community school that it sponsors, or in the case of an internet- or computer-based school, within fifty miles of each community school's base of operation, in order to provide monitoring and technical assistance;

(b) A representative of the sponsor, knowledgeable in school finance (based on education or experience), shall meet with the governing authority of the community school, shall review the financial records of the school at least once every two months and shall prepare written reports, which shall be made available to the department upon request; and

(c) The sponsor shall notify the department within twenty-four hours of a community school's failure to comply with applicable state or federal laws, rules, or contractual requirements, as well as any financial difficulties, if such failure to comply or financial difficulties occur and may result in the sponsor's determination to declare the community school to be on probationary status, to suspend the operation of the community school, or to terminate the community school contract. In such circumstances, the sponsor shall provide written notice to the department within thirty days of the community school's noncompliance or financial difficulties specifying the exact nature of the problem and the plan for and status of any resolution.

(8) Comply with the financial reporting requirements as established by the department and report separately as to each individual community school's financial records that the entity sponsors in accordance with applicable accounting standards and as prescribed by all applicable sections of the Revised Code and rules of the Administrative Code;

(9) Intervene in the community school's operation to correct problems in the community school's overall performance, declare the community school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the community school pursuant to section 3314.072 of the Revised Code, or terminate the community school contract of the community school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;

(10) Have in place a written plan of action to be undertaken in the event that the community school experiences financial difficulties or closes prior to the end of a school year, and submit for approval the written plan of action (including, but not limited to, the handling of facilities, equipment, materials, supplies, employees, students, school records, including student records consistent with the requirements of section 3314.44 of the Revised Code, and addressing any other obligations of the community school) to the department within ten business days of the execution of the community school contract;

(11) Notify the department in writing within twenty-four hours of the execution of each preliminary agreement and community school contract; and

(12) Submit a copy of each preliminary agreement and community school contract executed, and any amendments thereto, in the format required by the department, within ten business days of such execution to the department.

(B) The number of preliminary agreements and community school contracts that a sponsor may enter into shall be specified in the sponsorship agreement based upon the entity's capacity as demonstrated in its sponsorship application. Sponsors may seek to modify their agreement with the department to increase the number of sponsored schools. The department shall consider such proposed modifications in a timely manner.

(C) Sponsors shall not enter into a new community school contract while any community school it sponsors is declared to be unauditable pursuant to section 265.80.20 of Amended Substitute House Bill 1 of the 128th General Assembly but may enter into a new community school contract upon notification from the auditor of state that the audit reports for the previously unauditable community schools have been released.

(D) The sponsorship agreement shall specify the geographic area in which the entity shall have authority to sponsor community schools in order for it to have the capacity to provide the necessary and proper monitoring and technical assistance in accordance with the requirements of this chapter. Sponsors may seek to modify their agreement with the department to increase the geographic area of sponsorship. The department shall consider such proposed modifications in a timely manner.

(E) The term of the sponsorship agreement shall be specified in the sponsorship agreement based upon the entity's capacity as demonstrated in its sponsorship application. At least one hundred eighty days prior to the expiration of the sponsorship agreement term, the sponsor shall notify the department as to its intent regarding the renewal of its sponsorship agreement. In any case when a sponsor becomes unwilling or unable to fulfill the obligations under the sponsorship agreement, a sponsor shall notify the department at least one hundred eighty days prior to any termination of the agreement.

(F) A sponsor shall not enter into any new or successor community school contract which has a term exceeding the term of the sponsorship agreement. If the sponsorship agreement is renewed, a new term shall be specified in the renewed sponsorship agreement based upon the entity's capacity and its effectiveness as a sponsor during the original term of the sponsorship agreement.

(G) Sponsors shall respond in a timely manner to reasonable requests from the department for information, data, and documents.

Effective: 10/31/2010
R.C. 119.032 review dates: 04/19/2013
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364 of the 124th GA
Rule Amplifies: Chapter 3314. of the Revised Code, 3314.19, 3314.44, Section 7 of ASHB 364 of the 124th GA
Prior Effective Dates: 7/7/03, 5/19/06, 4/19/08

3301-102-05 Reporting requirements for all sponsors.

(A) The reporting duties and responsibilities of all community school sponsors include, but are not limited to, the following:

((1) Verification through site-visit prior to the community school's opening for instruction and provision in writing of the annual assurances for each sponsored school no later than ten business days prior to the opening of the school as required by section 3314.19 of the Revised Code

(2) Monitor, evaluate and report the community school's compliance with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract, including, but not limited to, the following:

(a) Conduct comprehensive site visits to the community school as necessary, but at least twice annually while classes are in session; and

(b) Make written reports of all information obtained during site visits, and provide written reports of all site visits to the department upon request.

(3) Monitor and evaluate the academic and fiscal performance and the organization and operation as well as the legal compliance of the community school, and submit a written report of the evaluation results to the parents of students enrolled in the community school and to the department by November thirtieth of each year;

(4) Provide written assurance to the department as follows:

(a) The sponsor or its representative(s) shall possess, or be capable of providing access to, resources in order to monitor and provide technical assistance and shall be located within fifty miles of the location of each community school it sponsors, or in the case of each internet-or computer-based community school, within fifty miles of each community school's base of operation, in order to monitor and provide technical assistance in complying with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract, and initiate intervention in a timely manner;

(b) A representative of the sponsor, knowledgeable in school finance (based on education or experience), shall meet with the governing authority of the community school and shall review the financial records of the school at least once every two months and shall prepare written reports which shall be made available to the department upon request; and

(5) Comply with the financial reporting requirements as established by the department and report separately as to each individual community school's financial records that the entity sponsors in accordance with applicable accounting standards and as prescribed by all applicable sections of the Revised Code and rules of the Administrative Code;

(6) Intervene in the community school's operation to correct problems in the community school's overall performance, declare the community school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the community school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the community school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;

(7) Have in place a written plan of action to be undertaken in the event that the community school experiences financial difficulties or closes prior to the end of a school year, consistent with requirements of division (E) of section 3314.015 of the Revised Code and submit for approval such written plan of action (including, but not limited to, the handling of facilities, equipment, materials, supplies, employees, students, school records, which include student records that are consistent with section 3314.44 of the Revised Code, and addressing any other obligations of the community school) to the department within ten business days after each community school contract is executed.

(B) A sponsor shall notify the department in writing within twenty-four hours of the execution of each preliminary agreement or community school contract.

(C)A sponsor shall submit a copy of each preliminary agreement and community school contract, and any amendments thereto, in the format required by the department to the department within ten business days of executing any such agreement, contract or amendments.

(D) Sponsors shall respond in a timely manner to reasonable requests from the department for information, data, and documents.

Effective: 07/24/2010
R.C. 119.032 review dates: 03/31/2010 and 04/19/2013
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364
of the 124th GA
Rule Amplifies: Chapter 3314. of the Revised Code, 3314.03, 3314.19,
3314.44, Section 7 of ASHB 364 of the 124th GA
Prior Effective Dates: 7/7/03, 5/19/06, 4/19/2008

3301-102-06 Payments, adjustments and deductions for community schools.

(A) To initiate the flow of foundation payments for a new start-up or a new conversion community school, the following steps shall be taken:

(1) The community school shall submit a completed W-9 form, signed by the school's fiscal officer, as well as a completed and signed new vendor information form (OBM 3456) available at http://obm.ohio.gov/forms/ or any successor form to the department;

(2) The sponsor shall notify the department of each new community school's identifying information, including, but not limited to, the following:

(a) School name;

(b) School county of location;

(d) School contact name;

(e) School contact e-mail address;

(f) School contact telephone and fax numbers;

(g) School academic calendar as measured in either number of hours or days;

(h) First and last dates of school's academic calendar; and

(i) Actual or projected enrollment as stated in the community school contract or any amendments.

(3) The community school shall be assigned an internal retrieval number (TRN) by the department.

(B) Initial and subsequent foundation payments to new start-up, new conversion, or existing community schools shall be made by the department as follows:

(1) After the office of community schools authorizes the initial foundation payment for a new start-up or a new conversion community school, the initial payment(s), until the school opens for instruction, shall be based upon the greater of the following:

(a) The community school's actual enrollment entered by the community school and processed through the department's web-based system or its successor; or

(b) Up to fifty percent of the projected enrollment not to exceed one-hundred students approved for year one as stated in the community school's contract, as supported by any other documentation that may be requested by the department in order to facilitate the initial payment(s).

(2) Initial payment(s) for new start-up and new conversion community schools shall be computed as in paragraph (B)(1) of this rule until the community school is open for instruction and the school reports enrollment data in EMIS or any EMIS subsystem established to collect enrollment data.

((3) Once a community school is open for instruction, all payments shall be based upon the community school's actual enrollment entered by the community school and processed through the department's web-based system or its successor. No payments based on projected enrollment shall be made after September.

(4) Payments for existing community schools shall be based upon the community school's actual enrollment entered by the community school and processed through the department's web-based system or its successor.

(5) Payments shall be based upon an annual calculation and shall be processed monthly by the department.

(1) Adjustments to monthly community school foundation payments may result from a recalculation of annual amounts due to changes in enrollments or classifications of students as reported by community schools and processed through the department's web-based system or its successor.

(2) Adjustments may result from full-time equivalency reviews which are completed by the department after the end of the fiscal year and the fiscal year end closing processes, or as a result of other determinations made by the department as necessary and appropriate under the circumstances. The department shall post an explanation of the full-time equivalency review process on the department's website. These adjustments shall be made by the department after the final amount of an adjustment has been calculated.

(3) Deductions from monthly payments shall be made by the department as required by all laws and rules applicable to community schools, including, but not limited to, the school employees retirement system and the state teachers retirement system.

3301-102-07 Revocation of sponsorship authority.

(A) The department shall notify the sponsor within a reasonable time under the circumstances that it intends to seek revocation of sponsorship authority unless the sponsor can demonstrate a satisfactory remedy for the deficiencies.

(B) The state board may revoke the sponsorship authority of any sponsor at any time that the state board finds that a sponsor either is not in compliance with, or is no longer willing to comply with, any of the following:

(1) Any section of the Revised Code or any rule of the Administrative Code that is applicable to sponsors or community schools:

(2) The sponsorship agreement to which it is a party; or

(3) Any community school contract to which it is a party.

(C) The state board shall notify the sponsor and all of the community schools that it sponsors within one business day of its finding.

(D) The state board or designee shall conduct a hearing on that matter in accordance with Chapter 119. of the Revised Code.

(E) After the hearing, if the state board or designee has confirmed the original finding, the department may revoke the sponsor's authority to sponsor community schools.

(F) The department may assume the sponsorship of any community school(s) with which the sponsor has contracted until the earlier of the expiration of two school years or until a new sponsor as described in division (C) (1) of section 3314.02 of the Revised Code is secured by the community school's governing authority.

(G) The resolution of the state board to revoke the sponsor's authority to sponsor community schools may be appealed by the sponsor in accordance with section 119.12 of the Revised Code.

R.C. 119.032 review dates: 04/21/2008 and 04/19/2013

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364

Rule Amplifies: 3301.07, 3314.015, 3314.08, Section 7 of ASHB 364

Prior Effective Dates: 7/7/03