3306.33 Actions for failure to comply.
3306.33 Actions for failure to comply.
(A) Not earlier than July 1, 2011, the department of education shall take action under this section with respect to a school district in either of the following circumstances:
(1) The department determines that the school district has failed to comply with any applicable expenditure or reporting standard prescribed by rule adopted under section 3306.25 of the Revised Code.
(2) The district fails to submit a spending plan under section 3306.30 and, if applicable, section 3306.31 of the Revised Code.
(B) When a circumstance described in division (A) of this section applies, the department shall provide the school district with technical assistance to bring the district into compliance with the expenditure and reporting standards adopted under section 3306.25 of the Revised Code and the requirements of this chapter, as applicable to the circumstance triggering action under this section. In addition, the board of the district shall take all of the following actions:
(1) Develop and submit to the department a three-year operations improvement plan containing all of the following:
(a) An analysis of the reasons for the failure to meet the applicable expenditure or reporting standards or requirements of this chapter;
(b) Specific strategies the board will use to address the problems in meeting the standards or requirements;
(c) Identification of the resources the board will use to meet the standards or requirements;
(d)A description of how the board will measure its progress in meeting the standards or requirements.
If the district is required to have a continuous improvement plan under section 3302.04 of the Revised Code, the three-year operations improvement plan required by this section shall be aligned with the continuous improvement plan.
(2)Notify the parent or guardian of each student served by the district either in writing or by electronic means, of the standards or requirements that were not met, the actions being taken to meet the standards or requirements, and any progress achieved in the immediately preceding school year toward meeting the standards or requirements.
(3) Present the plan, and take public testimony with respect to it, in a public hearing before the board.
(C) When a circumstance described in division (A) of this section applies to a school district for a second consecutive year, whether it is the same or a different circumstance, the department shall provide the district with technical assistance to bring the district into compliance with the expenditure or reporting standards adopted under section 3306.25 of the Revised Code and the requirements of this chapter, as applicable to the circumstance triggering action under this section. In addition, both of the following apply:
(1)The board shall take all of the actions prescribed in divisions (B)(1) to (3) of this section;
(2)The department shall establish a state intervention team to evaluate all aspects of the district’s operations, including, but not limited to, management, instructional methods, resource allocation, and scheduling. The intervention team shall include teachers and administrators recognized as outstanding in their fields. The team shall make recommendations regarding methods for bringing the district into compliance with the applicable standards adopted under section 3306.25 of the Revised Code and requirements of this chapter. The superintendent of public instruction shall establish guidelines for the intervention teams. The district shall pay the costs of the intervention team.
(D) When a circumstance described in division (A) of this section applies to a school district for a third consecutive year, whether it is the same or a different circumstance as in the preceding years, the superintendent of public instruction shall either:
(1) Establish an accountability compliance commission under section 3306.34 of the Revised Code;
(2)Appoint a trustee who shall govern the district in place of the board of education of the school district until the beginning of the first year that none of the circumstances described in division (A) of this section apply to the district.
(E) When a circumstance described in division (A) of this section applies to a school district for a fourth consecutive year, whether it is the same or a different circumstance as in the preceding years, the state board of education shall proceed under section 3301.16 of the Revised Code to revoke the district’s charter.
(F)At any time, the state board may proceed under section 3301.16 of the Revised Code to revoke the charter of a school district that fails to meet the operating standards established under division (D)(3) of section 3301.07 of the Revised Code or fails to comply with this section.
Added by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/17/2009.