As Introduced

134th General Assembly

Regular Session S. B. No. 209
2021-2022
Senator Brenner

A BILL
To amend sections 3314.03, 3326.11, and 3328.24 and 1
to enact sections 3313.7117, 3345.0215, and 2
4101.17 of the Revised Code with regard to mask 3
mandates and facial covering requirements for 4
public schools, state institutions of higher 5
education, and businesses. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3314.03, 3326.11, and 3328.24 be 7

amended and sections 3313.7117, 3345.0215, and 4101.17 of the 8
Revised Code be enacted to read as follows: 9

Sec. 3313.7117. Notwithstanding any provision of the 10

Revised Code or any order, rule, or other law to the contrary, 11
after the 2020-2021 school year, the state board of education, 12
the department of education, and the board of education of any 13
school district shall not require any individual, including 14
students, teachers, other school employees, and visitors, to 15
wear a facial covering to attend or participate in in-person 16
instruction, school-sponsored athletics, or another school- 17
sponsored extracurricular activity, or in any other place on 18
school premises, as defined in section 3313.77 of the Revised 19
S. B. No. 209 Page 2
As Introduced

Code. An individual may choose to wear a facial covering but 20

shall not be required to do so. 21

Nothing in this section restricts a board of health of a 22

city or general health district or the authority having the 23
duties of a board of health under section 3709.05 of the Revised 24
Code, from taking action to prevent the spread of a communicable 25
or contagious disease. 26

Sec. 3314.03. A copy of every contract entered into under 27

this section shall be filed with the superintendent of public 28
instruction. The department of education shall make available on 29
its web site a copy of every approved, executed contract filed 30
with the superintendent under this section. 31

(A) Each contract entered into between a sponsor and the 32

governing authority of a community school shall specify the 33
following: 34

(1) That the school shall be established as either of the 35

following: 36

(a) A nonprofit corporation established under Chapter 37

1702. of the Revised Code, if established prior to April 8, 38
2003; 39

(b) A public benefit corporation established under Chapter 40

1702. of the Revised Code, if established after April 8, 2003. 41

(2) The education program of the school, including the 42

school's mission, the characteristics of the students the school 43
is expected to attract, the ages and grades of students, and the 44
focus of the curriculum; 45

(3) The academic goals to be achieved and the method of 46

measurement that will be used to determine progress toward those 47
S. B. No. 209 Page 3
As Introduced

goals, which shall include the statewide achievement 48

assessments; 49

(4) Performance standards, including but not limited to 50

all applicable report card measures set forth in section 3302.03 51
or 3314.017 of the Revised Code, by which the success of the 52
school will be evaluated by the sponsor; 53

(5) The admission standards of section 3314.06 of the 54

Revised Code and, if applicable, section 3314.061 of the Revised 55
Code; 56

(6)(a) Dismissal procedures; 57

(b) A requirement that the governing authority adopt an 58

attendance policy that includes a procedure for automatically 59
withdrawing a student from the school if the student without a 60
legitimate excuse fails to participate in seventy-two 61
consecutive hours of the learning opportunities offered to the 62
student. 63

(7) The ways by which the school will achieve racial and 64
ethnic balance reflective of the community it serves; 65

(8) Requirements for financial audits by the auditor of 66

state. The contract shall require financial records of the 67
school to be maintained in the same manner as are financial 68
records of school districts, pursuant to rules of the auditor of 69
state. Audits shall be conducted in accordance with section 70
117.10 of the Revised Code. 71

(9) An addendum to the contract outlining the facilities 72

to be used that contains at least the following information: 73

(a) A detailed description of each facility used for 74

instructional purposes; 75
S. B. No. 209 Page 4
As Introduced

(b) The annual costs associated with leasing each facility 76

that are paid by or on behalf of the school; 77

(c) The annual mortgage principal and interest payments 78

that are paid by the school; 79

(d) The name of the lender or landlord, identified as 80

such, and the lender's or landlord's relationship to the 81
operator, if any. 82

(10) Qualifications of teachers, including a requirement 83

that the school's classroom teachers be licensed in accordance 84
with sections 3319.22 to 3319.31 of the Revised Code, except 85
that a community school may engage noncertificated persons to 86
teach up to twelve hours or forty hours per week pursuant to 87
section 3319.301 of the Revised Code. 88

(11) That the school will comply with the following 89

requirements: 90

(a) The school will provide learning opportunities to a 91

minimum of twenty-five students for a minimum of nine hundred 92
twenty hours per school year. 93

(b) The governing authority will purchase liability 94

insurance, or otherwise provide for the potential liability of 95
the school. 96

(c) The school will be nonsectarian in its programs, 97

admission policies, employment practices, and all other 98
operations, and will not be operated by a sectarian school or 99
religious institution. 100

(d) The school will comply with sections 9.90, 9.91, 101
109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 102
3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3313.472, 103
S. B. No. 209 Page 5
As Introduced

3313.50, 3313.539, 3313.5310, 3313.608, 3313.609, 3313.6012, 104

3313.6013, 3313.6014, 3313.6015, 3313.6020, 3313.6024, 105
3313.6025, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 106
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 107
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 108
3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 109
3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.86, 110
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.321, 111
3319.39, 3319.391, 3319.41, 3319.46, 3320.01, 3320.02, 3320.03, 112
3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 113
3321.19, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, and 114
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 115
4123., 4141., and 4167. of the Revised Code as if it were a 116
school district and will comply with section 3301.0714 of the 117
Revised Code in the manner specified in section 3314.17 of the 118
Revised Code. 119

(e) The school shall comply with Chapter 102. and section 120
2921.42 of the Revised Code. 121

(f) The school will comply with sections 3313.61, 122

3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the 123
Revised Code, except that for students who enter ninth grade for 124
the first time before July 1, 2010, the requirement in sections 125
3313.61 and 3313.611 of the Revised Code that a person must 126
successfully complete the curriculum in any high school prior to 127
receiving a high school diploma may be met by completing the 128
curriculum adopted by the governing authority of the community 129
school rather than the curriculum specified in Title XXXIII of 130
the Revised Code or any rules of the state board of education. 131
Beginning with students who enter ninth grade for the first time 132
on or after July 1, 2010, the requirement in sections 3313.61 133
and 3313.611 of the Revised Code that a person must successfully 134
S. B. No. 209 Page 6
As Introduced

complete the curriculum of a high school prior to receiving a 135

high school diploma shall be met by completing the requirements 136
prescribed in division (C) of section 3313.603 of the Revised 137
Code, unless the person qualifies under division (D) or (F) of 138
that section. Each school shall comply with the plan for 139
awarding high school credit based on demonstration of subject 140
area competency, and beginning with the 2017-2018 school year, 141
with the updated plan that permits students enrolled in seventh 142
and eighth grade to meet curriculum requirements based on 143
subject area competency adopted by the state board of education 144
under divisions (J)(1) and (2) of section 3313.603 of the 145
Revised Code. Beginning with the 2018-2019 school year, the 146
school shall comply with the framework for granting units of 147
high school credit to students who demonstrate subject area 148
competency through work-based learning experiences, internships, 149
or cooperative education developed by the department under 150
division (J)(3) of section 3313.603 of the Revised Code. 151

(g) The school governing authority will submit within four 152
months after the end of each school year a report of its 153
activities and progress in meeting the goals and standards of 154
divisions (A)(3) and (4) of this section and its financial 155
status to the sponsor and the parents of all students enrolled 156
in the school. 157

(h) The school, unless it is an internet- or computer- 158

based community school, will comply with section 3313.801 of the 159
Revised Code as if it were a school district. 160

(i) If the school is the recipient of moneys from a grant 161

awarded under the federal race to the top program, Division (A), 162
Title XIV, Sections 14005 and 14006 of the "American Recovery 163
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, 164
S. B. No. 209 Page 7
As Introduced

the school will pay teachers based upon performance in 165

accordance with section 3317.141 and will comply with section 166
3319.111 of the Revised Code as if it were a school district. 167

(j) If the school operates a preschool program that is 168

licensed by the department of education under sections 3301.52 169
to 3301.59 of the Revised Code, the school shall comply with 170
sections 3301.50 to 3301.59 of the Revised Code and the minimum 171
standards for preschool programs prescribed in rules adopted by 172
the state board under section 3301.53 of the Revised Code. 173

(k) The school will comply with sections 3313.6021 and 174
3313.6023 of the Revised Code as if it were a school district 175
unless it is either of the following: 176

(i) An internet- or computer-based community school; 177

(ii) A community school in which a majority of the 178

enrolled students are children with disabilities as described in 179
division (A)(4)(b) of section 3314.35 of the Revised Code. 180

(l) The school will comply with section 3321.191 of the 181
Revised Code, unless it is an internet- or computer-based 182
community school that is subject to section 3314.261 of the 183
Revised Code. 184

(12) Arrangements for providing health and other benefits 185

to employees; 186

(13) The length of the contract, which shall begin at the 187
beginning of an academic year. No contract shall exceed five 188
years unless such contract has been renewed pursuant to division 189
(E) of this section. 190

(14) The governing authority of the school, which shall be 191

responsible for carrying out the provisions of the contract; 192
S. B. No. 209 Page 8
As Introduced

(15) A financial plan detailing an estimated school budget 193

for each year of the period of the contract and specifying the 194
total estimated per pupil expenditure amount for each such year. 195

(16) Requirements and procedures regarding the disposition 196

of employees of the school in the event the contract is 197
terminated or not renewed pursuant to section 3314.07 of the 198
Revised Code; 199

(17) Whether the school is to be created by converting all 200

or part of an existing public school or educational service 201
center building or is to be a new start-up school, and if it is 202
a converted public school or service center building, 203
specification of any duties or responsibilities of an employer 204
that the board of education or service center governing board 205
that operated the school or building before conversion is 206
delegating to the governing authority of the community school 207
with respect to all or any specified group of employees provided 208
the delegation is not prohibited by a collective bargaining 209
agreement applicable to such employees; 210

(18) Provisions establishing procedures for resolving 211

disputes or differences of opinion between the sponsor and the 212
governing authority of the community school; 213

(19) A provision requiring the governing authority to 214

adopt a policy regarding the admission of students who reside 215
outside the district in which the school is located. That policy 216
shall comply with the admissions procedures specified in 217
sections 3314.06 and 3314.061 of the Revised Code and, at the 218
sole discretion of the authority, shall do one of the following: 219

(a) Prohibit the enrollment of students who reside outside 220

the district in which the school is located; 221
S. B. No. 209 Page 9
As Introduced

(b) Permit the enrollment of students who reside in 222

districts adjacent to the district in which the school is 223
located; 224

(c) Permit the enrollment of students who reside in any 225

other district in the state. 226

(20) A provision recognizing the authority of the 227

department of education to take over the sponsorship of the 228
school in accordance with the provisions of division (C) of 229
section 3314.015 of the Revised Code; 230

(21) A provision recognizing the sponsor's authority to 231

assume the operation of a school under the conditions specified 232
in division (B) of section 3314.073 of the Revised Code; 233

(22) A provision recognizing both of the following: 234

(a) The authority of public health and safety officials to 235

inspect the facilities of the school and to order the facilities 236
closed if those officials find that the facilities are not in 237
compliance with health and safety laws and regulations; 238

(b) The authority of the department of education as the 239

community school oversight body to suspend the operation of the 240
school under section 3314.072 of the Revised Code if the 241
department has evidence of conditions or violations of law at 242
the school that pose an imminent danger to the health and safety 243
of the school's students and employees and the sponsor refuses 244
to take such action. 245

(23) A description of the learning opportunities that will 246

be offered to students including both classroom-based and non- 247
classroom-based learning opportunities that is in compliance 248
with criteria for student participation established by the 249
department under division (H)(2) of section 3314.08 of the 250
S. B. No. 209 Page 10
As Introduced

Revised Code; 251

(24) The school will comply with sections 3302.04 and 252
3302.041 of the Revised Code, except that any action required to 253
be taken by a school district pursuant to those sections shall 254
be taken by the sponsor of the school. However, the sponsor 255
shall not be required to take any action described in division 256
(F) of section 3302.04 of the Revised Code. 257

(25) Beginning in the 2006-2007 school year, the school 258

will open for operation not later than the thirtieth day of 259
September each school year, unless the mission of the school as 260
specified under division (A)(2) of this section is solely to 261
serve dropouts. In its initial year of operation, if the school 262
fails to open by the thirtieth day of September, or within one 263
year after the adoption of the contract pursuant to division (D) 264
of section 3314.02 of the Revised Code if the mission of the 265
school is solely to serve dropouts, the contract shall be void. 266

(26) Whether the school's governing authority is planning 267

to seek designation for the school as a STEM school equivalent 268
under section 3326.032 of the Revised Code; 269

(27) That the school's attendance and participation 270

policies will be available for public inspection; 271

(28) That the school's attendance and participation 272

records shall be made available to the department of education, 273
auditor of state, and school's sponsor to the extent permitted 274
under and in accordance with the "Family Educational Rights and 275
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, 276
and any regulations promulgated under that act, and section 277
3319.321 of the Revised Code; 278

(29) If a school operates using the blended learning 279

S. B. No. 209 Page 11
As Introduced

model, as defined in section 3301.079 of the Revised Code, all 280

of the following information: 281

(a) An indication of what blended learning model or models 282

will be used; 283

(b) A description of how student instructional needs will 284

be determined and documented; 285

(c) The method to be used for determining competency, 286

granting credit, and promoting students to a higher grade level; 287

(d) The school's attendance requirements, including how 288

the school will document participation in learning 289
opportunities; 290

(e) A statement describing how student progress will be 291

monitored; 292

(f) A statement describing how private student data will 293

be protected; 294

(g) A description of the professional development 295

activities that will be offered to teachers. 296

(30) A provision requiring that all moneys the school's 297

operator loans to the school, including facilities loans or cash 298
flow assistance, must be accounted for, documented, and bear 299
interest at a fair market rate; 300

(31) A provision requiring that, if the governing 301

authority contracts with an attorney, accountant, or entity 302
specializing in audits, the attorney, accountant, or entity 303
shall be independent from the operator with which the school has 304
contracted. 305

(32) A provision requiring the governing authority to 306

S. B. No. 209 Page 12
As Introduced

adopt an enrollment and attendance policy that requires a 307

student's parent to notify the community school in which the 308
student is enrolled when there is a change in the location of 309
the parent's or student's primary residence. 310

(33) A provision requiring the governing authority to 311

adopt a student residence and address verification policy for 312
students enrolling in or attending the school. 313

(B) The community school shall also submit to the sponsor 314
a comprehensive plan for the school. The plan shall specify the 315
following: 316

(1) The process by which the governing authority of the 317

school will be selected in the future; 318

(2) The management and administration of the school; 319

(3) If the community school is a currently existing public 320

school or educational service center building, alternative 321
arrangements for current public school students who choose not 322
to attend the converted school and for teachers who choose not 323
to teach in the school or building after conversion; 324

(4) The instructional program and educational philosophy 325

of the school; 326

(5) Internal financial controls. 327

When submitting the plan under this division, the school 328
shall also submit copies of all policies and procedures 329
regarding internal financial controls adopted by the governing 330
authority of the school. 331

(C) A contract entered into under section 3314.02 of the 332

Revised Code between a sponsor and the governing authority of a 333
community school may provide for the community school governing 334
S. B. No. 209 Page 13
As Introduced

authority to make payments to the sponsor, which is hereby 335

authorized to receive such payments as set forth in the contract 336
between the governing authority and the sponsor. The total 337
amount of such payments for monitoring, oversight, and technical 338
assistance of the school shall not exceed three per cent of the 339
total amount of payments for operating expenses that the school 340
receives from the state. 341

(D) The contract shall specify the duties of the sponsor 342
which shall be in accordance with the written agreement entered 343
into with the department of education under division (B) of 344
section 3314.015 of the Revised Code and shall include the 345
following: 346

(1) Monitor the community school's compliance with all 347

laws applicable to the school and with the terms of the 348
contract; 349

(2) Monitor and evaluate the academic and fiscal 350

performance and the organization and operation of the community 351
school on at least an annual basis; 352

(3) Report on an annual basis the results of the 353

evaluation conducted under division (D)(2) of this section to 354
the department of education and to the parents of students 355
enrolled in the community school; 356

(4) Provide technical assistance to the community school 357

in complying with laws applicable to the school and terms of the 358
contract; 359

(5) Take steps to intervene in the school's operation to 360

correct problems in the school's overall performance, declare 361
the school to be on probationary status pursuant to section 362
3314.073 of the Revised Code, suspend the operation of the 363
S. B. No. 209 Page 14
As Introduced

school pursuant to section 3314.072 of the Revised Code, or 364

terminate the contract of the school pursuant to section 3314.07 365
of the Revised Code as determined necessary by the sponsor; 366

(6) Have in place a plan of action to be undertaken in the 367

event the community school experiences financial difficulties or 368
closes prior to the end of a school year. 369

(E) Upon the expiration of a contract entered into under 370

this section, the sponsor of a community school may, with the 371
approval of the governing authority of the school, renew that 372
contract for a period of time determined by the sponsor, but not 373
ending earlier than the end of any school year, if the sponsor 374
finds that the school's compliance with applicable laws and 375
terms of the contract and the school's progress in meeting the 376
academic goals prescribed in the contract have been 377
satisfactory. Any contract that is renewed under this division 378
remains subject to the provisions of sections 3314.07, 3314.072, 379
and 3314.073 of the Revised Code. 380

(F) If a community school fails to open for operation 381

within one year after the contract entered into under this 382
section is adopted pursuant to division (D) of section 3314.02 383
of the Revised Code or permanently closes prior to the 384
expiration of the contract, the contract shall be void and the 385
school shall not enter into a contract with any other sponsor. A 386
school shall not be considered permanently closed because the 387
operations of the school have been suspended pursuant to section 388
3314.072 of the Revised Code. 389

Sec. 3326.11. Each science, technology, engineering, and 390

mathematics school established under this chapter and its 391
governing body shall comply with sections 9.90, 9.91, 109.65, 392
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 393
S. B. No. 209 Page 15
As Introduced

3301.0714, 3301.0715, 3301.0729, 3301.948, 3313.14, 3313.15, 394

3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 395
3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.608, 396
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6020, 397
3313.6021, 3313.6024, 3313.6025, 3313.61, 3313.611, 3313.614, 398
3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 399
3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 400
3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 401
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 402
3313.7112, 3313.7117, 3313.721, 3313.80, 3313.801, 3313.814, 403
3313.816, 3313.817, 3313.818, 3313.86, 3313.89, 3313.96, 404
3319.073, 3319.077, 3319.078, 3319.21, 3319.32, 3319.321, 405
3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3319.46, 3320.01, 406
3320.02, 3320.03, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 407
3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3323.251, 408
3327.10, 4111.17, 4113.52, 5502.262, and 5705.391 and Chapters 409
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 410
4123., 4141., and 4167. of the Revised Code as if it were a 411
school district. 412

Sec. 3328.24. A college-preparatory boarding school 413

established under this chapter and its board of trustees shall 414
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 415
3301.0714, 3301.0729, 3301.948, 3313.6013, 3313.6021, 3313.6024, 416
3313.6025, 3313.617, 3313.618, 3313.6114, 3313.6411, 3313.668, 417
3313.669, 3313.6610, 3313.7112, 3313.7117, 3313.721, 3313.89, 418
3319.073, 3319.077, 3319.078, 3319.39, 3319.391, 3319.46, 419
3320.01, 3320.02, 3320.03, 3323.251, and 5502.262, and Chapter 420
3365. of the Revised Code as if the school were a school 421
district and the school's board of trustees were a district 422
board of education. 423

Sec. 3345.0215. (A) Notwithstanding any provision of the 424

S. B. No. 209 Page 16
As Introduced

Revised Code or any order, rule, or other law to the contrary, 425
after the 2020-2021 academic year, no state institution of 426
higher education, as defined in section 3345.011 of the Revised 427
Code, shall require an individual to wear a facial covering to 428
attend or participate in in-person instruction, institution- 429
sponsored athletics, institution-sponsored extracurricular 430
activities, in dormitories, or at any other time in any location 431
on an institution's or university's campus. An individual may 432
choose to wear a facial covering but shall not be required to do 433
so. 434

(B) The requirements prescribed in division (A) of this 435

section do not apply to an individual in a medical setting at a 436
state institution of higher education. 437

Nothing in this section restricts a board of health of a 438

city or general health district or the authority having the 439
duties of a board of health under section 3709.05 of the Revised 440
Code, from taking action to prevent the spread of a communicable 441
or contagious disease. 442

Sec. 4101.17. If any business elects to require the 443

wearing of facial coverings by employees, visitors, and patrons 444
while on the business's premises, the business shall post notice 445
of the requirement in a conspicuous place. The notice shall 446
state that an exemption to the requirement exists for 447
individuals that have a documented medical condition that 448
contraindicates the wearing of a facial covering. 449

Section 2. That existing sections 3314.03, 3326.11, and 450

3328.24 of the Revised Code are hereby repealed. 451

Section 3. The General Assembly, applying the principle 452

stated in division (B) of section 1.52 of the Revised Code that 453
S. B. No. 209 Page 17
As Introduced

amendments are to be harmonized if reasonably capable of 454

simultaneous operation, finds that the following sections, 455
presented in this act as composites of the sections as amended 456
by the acts indicated, are the resulting versions of the 457
sections in effect prior to the effective date of the sections 458
as presented in this act: 459

Section 3314.03 of the Revised Code as amended by H.B. 460

123, H.B. 164, H.B. 166, H.B. 409, H.B. 436, S.B. 68, and S.B. 461
89, all of the 133rd General Assembly. 462

Section 3326.11 of the Revised Code as amended by H.B. 463

123, H.B. 164, H.B. 166, H.B. 436, and S.B. 68, all of the 133rd 464
General Assembly. 465

Section 3328.24 of the Revised Code as amended by H.B. 466

123, H.B. 164, H.B. 166, H.B. 436, and S.B. 68, all of the 133rd 467
General Assembly. 468