Ohio Revised Code § 3313.413 - Priority Consideration Of High-performing Community Schools In Sale Or Lease Of Real Property Or School Facilities.

(A) As used in this section, "high-performing community school" means a community school established under Chapter 3314. of the Revised Code that meets the following conditions:

(1) Except as provided in division (A)(2) or (3) of this section, the school both:

(a) Has received a grade of "A," "B," or "C" for the performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code or has increased its performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code in each of the previous three years of operation; and

(b) Has received a grade of "A" or "B" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code on its most recent report card rating issued under that section.

(2) If the school serves only grades kindergarten through three, the school received a grade of "A" or "B" for making progress in improving literacy in grades kindergarten through three under division (C)(1)(g) of section 3302.03 of the Revised Code on its most recent report card issued under that section.

(3) If the school primarily serves students enrolled in a dropout prevention and recovery program as described in division (A)(4)(a) of section 3314.35 of the Revised Code, the school received a rating of "exceeds standards" on its most recent report card issued under section 3314.017 of the Revised Code.

(B) When a school district board of education decides to dispose of real property it owns in its corporate capacity under section 3313.41 of the Revised Code, prior to offering that property to all start-up community schools and any college-preparatory boarding school located in the district as prescribed by division (G) of that section, the board shall first offer that property for sale to the governing authorities of high-performing community schools and any newly established community schools that are implementing a community school model that has a track record of high quality academic performance, as determined by the department of education. If no such governing authority notifies the district treasurer of its intention to purchase the property within sixty days after the offer is made, the board shall offer that property to all start-up community schools and college-preparatory boarding schools located in the district pursuant to division (G) of section 3313.41 of the Revised Code and then subsequently may offer the property for sale in the manner prescribed under divisions (A) to (F) of that section.

(C) When a school district board of education is required to offer unused school facilities for lease or sale pursuant to section 3313.411 of the Revised Code, prior to offering those facilities to all start-up community schools and any college-preparatory boarding school located in the district as prescribed by that section, the board shall first offer those facilities for lease or sale to the governing authorities of high-performing community schools. If no such governing authority notifies the district treasurer of its intention to lease or purchase those facilities within sixty days after the offer is made, the board shall offer those facilities to all start-up community schools and college-preparatory boarding schools located in the district pursuant to section 3313.411 of the Revised Code.

(D) Notwithstanding anything to the contrary in sections 3313.41 and 3313.411 of the Revised Code, the purchase price of any real property sold to the governing authority of a high-performing community school in accordance with division (B) of this section and of any unused school facilities sold to any of those entities in accordance with division (C) of this section shall not be more than the appraised fair market value of that property as determined in an appraisal of the property that is not more than one year old.

Added by 131st General Assembly File No. TBD, HB 64, ยง101.01, eff. 9/29/2015.

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Last modified: October 10, 2016