Section 3314.35 - Permanent closure; criteria(A) Except as provided in division (B) of this section and section 3314.355 of the Revised Code, this section applies to any community school that meets one of the following criteria : (1) The school does not offer a grade level higher than three and, for the three most recent school years, satisfies either of the following criteria: (a) The school has received a performance rating of one star for early literacy under division (D)(3)(e) of section 3302.03 of the Revised Code;(b) The school has received an overall performance rating of less than two stars under division (D)(3) of section 3302.03 of the Revised Code .
(2) The school offers any of grade levels four to eight but does not offer a grade level higher than nine and, for the three most recent school years, satisfies either of the following criteria: (a) The school has received a performance rating of one star for both achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and progress under division (D)(3)(c) of that section; (b) The school has received an overall performance rating of less than two stars under division (D) of section 3302.03 of the Revised Code and a performance rating of one star for progress under division (D)(3)(c) of that section.(3) The school offers any of grade levels ten to twelve and, for the three most recent school years, satisfies either of the following criteria: (a) The school has received a performance rating of "one star" for achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and has not met annual measurable objectives for gap closing under division (D)(3)(a) of that section, as determined by the department; (b) The school has received an overall performance rating of less than two stars under division (D) of section 3302.03 of the Revised Code and a performance rating of one star for progress under division (D)(1)(b) of that section. For purposes of division (A) of this section only, the department shall calculate the value-added progress dimension for a community school using assessment scores for only those students to whom the school has administered the achievement assessments prescribed by section 3301.0710 of the Revised Code for at least the two most recent school years but using value-added data from only the most recent school year.
(B) This section does not apply to either of the following: (1) Any community school in which a majority of the students are enrolled in a dropout prevention and recovery program that is operated by the school. Rather, such schools shall be subject to closure only as provided in section 3314.351 of the Revised Code. However, prior to July 1, 2014, a community school in which a majority of the students are enrolled in a dropout prevention and recovery program shall be exempt from this section only if it has been granted a waiver under section 3314.36 of the Revised Code.(2) Any community school in which a majority of the enrolled students are children with disabilities receiving special education and related services in accordance with Chapter 3323. of the Revised Code.(C) Any community school to which this section applies shall permanently close at the conclusion of the school year in which the school first becomes subject to this section. The sponsor and governing authority of the school shall comply with all procedures for closing a community school adopted by the department under division (E) of section 3314.015 of the Revised Code. The governing authority of the school shall not enter into a contract with any other sponsor under section 3314.03 of the Revised Code after the school closes. (D) Nothing in this section or in any other provision of the Revised Code prohibits the sponsor of a community school from exercising its option not to renew a contract for any reason or from terminating a contract prior to its expiration for any of the reasons set forth in section 3314.07 of the Revised Code.Amended by 135th General Assembly,SB 168,§1, eff. 10/24/2024.Amended by 135th General Assembly, HB 33,§130.100, eff. 10/3/2023.Amended by 134th General Assembly, HB 82,§1, eff. 9/30/2021.Amended by 133rd General Assembly, HB 166,§101.01, eff. 7/18/2019.Amended by 131st General Assembly, HB 2,§1, eff. 2/1/2016.Amended by 130th General Assembly, HB 487,§1, eff. 9/17/2014.Amended by 130th General Assembly, HB 59,§101.01, eff. 9/29/2013.Amended by 129th General Assembly, HB 555, §1, eff. 3/22/2013.Amended by 129th General Assembly, SB 316, §101.01, eff. 9/24/2012.Amended by 129th General Assembly, HB 153, §101.01, eff. 6/30/2011.Amended by 128th General Assembly, HB 19, §1, eff. 3/29/2010.Amended by 128th General Assembly, HB 290, §1, eff. 12/28/2010.Amended by 128th General Assembly, HB 1, §101.01, eff. 7/17/2009.Effective Date: 03-30-2007 .