Chapter 3301-106 Community Learning Center Elections

3301-106-01 Community learning center elections.

(A) As used in this rule:

(1) "Community learning center" has the same meaning as in section 3302.16 of the Revised Code.

(2) "Eligible parent" includes both of the following:

(a) The parent of a student who is enrolled in the school;

(b) The parent of a student who is entitled to attend the school but instead is enrolled in a school operated by a joint vocational school district.

(3) "Eligible staff" means teachers and nonteaching employees who are assigned to the school.

(4) "Parent" means the natural or adoptive parent, guardian, or other person having care of a child.

(B) Following a public information hearing to inform the community about the community learning center process, as required by division (B) of section 3302.17 of the Revised Code, the board of education of a school district or the governing authority of a community school that seeks to implement a community learning center shall conduct an election in accordance with paragraph (D) of this rule to determine if there is sufficient support among eligible parents and eligible staff to initiate the transition of the school to a community learning center. The board or governing authority shall initiate the transition only if the election results satisfy the conditions specified in division (D) of section 3302.17 of the Revised Code.

(C) If the transition to a community learning center has been initiated and a school action team established under section 3302.18 of the Revised Code has approved a community learning center improvement plan, the district board or community school governing authority shall conduct an election in accordance with paragraph (D) of this rule to determine if there is sufficient support among eligible parents and eligible staff to submit the plan to the board or governing authority for possible adoption. The school action team shall submit the plan to the board or governing authority only if the election results satisfy the conditions specified in division (G) of section 3302.17 of the Revised Code.

(D) Conduct of election:

(1) The district board or community school governing authority shall designate at least one person to oversee the election. The designee(s) shall be responsible for establishing policies and procedures that ensure a fair and valid election process. The policies and procedures shall address the dates of the election, who may vote, how ballots must be distributed and returned, the counting of ballots, and any other matters determined necessary by the designee(s). The designee(s) shall post the policies and procedures on the district's or school's website and make copies available at the school in advance of the election.

(2) The election period shall begin at least forty-five days after the date of the first public information hearing or approval of the improvement plan by the school action team, as applicable, but no later than ninety days after that date. However, if the district or school is not in session during this period due to summer break, the election period shall begin no later than one hundred twenty days after the date of the hearing or approval of the plan.

(3) The duration of the election period shall be ten school days. During that time, voters may submit their ballots.

(4) The designee(s) shall distribute paper ballots to all eligible parents and eligible staff in accordance with division (C) of section 3302.17 of the Revised Code.

(5) Ballots shall be available in each language spoken by at least five per cent of the student population.

(6) The ballot shall include:

(a) In the case of an election required under paragraph (B) of this rule, a brief description of community learning centers and the following question:

Do you want the [insert name of school district or community school] to start the process of establishing a community learning center at [insert name of school]?

________ Yes

________ No

(b) In the case of an election required under paragraph (C) of this rule, a summary of the community learning center improvement plan and the following question:

Do you want the school action team for [insert name of school] to submit the improvement plan to the [insert name of school district board of education or community school governing authority] for possible adoption?

________ Yes

________ No

(7) The ballot shall indicate the deadline for submitting ballots and the manner in which the ballots must be submitted.

(E) The initiation of the transition of a school to a community learning center or the operation of school as a community learning center based on the favorable results of an election conducted under this rule does not exempt a school district or school from any requirement of state or federal law, rule, or regulation regarding school improvement or the reporting of accountability data that is otherwise applicable to the district or school.

(F) Nothing in this rule precludes a district board or community school governing authority from initiating or operating a community learning center model, or any part of such model, through a process that is different than the process prescribed in sections 3302.16 to 3302.18 of the Revised Code. However, if a board or governing authority chooses to comply with the process prescribed in those sections, it also shall comply with this rule.

Effective: 1/2/2017
Five Year Review (FYR) Dates: 01/02/2022
Promulgated Under: 119.03
Statutory Authority: 3302.17
Rule Amplifies: 3302.17