(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.
(C) Confirmation of applications received shall be 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.
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