(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
or guardian of a student who is enrolled in the
school;
(b) The parent
or guardian 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
has the same meaning as in section
3313.64 of the Revised
Code.
(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.
Elections to initiate the process to transition a
school to a community learning center, as provided in division (B) of section
3302.17 of the Revised Code, are
governed by paragraph (D) of this rule.
(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.
Elections to submit the
community center learning center improvement plan, as provided in division (G)
of section 3302.17 of the Revised Code, are
governed by paragraph (D) of this rule.
(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
begins
at least
not sooner than 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
not 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 not 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)(3) 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)(4) Ballots shall be
available in each language
all languages spoken by
at least five per cent
or more of the student
population
students enrolled in the
school.
(6)(5) 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 community learning center
improvement plan to the [insert name of school district board of education or
community school governing authority] for possible adoption?
________Yes
________No
(7)(6) 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.
