As Reported by the Senate Education Committee            1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 396   5            

      1997-1998                                                    6            


 REPRESENTATIVES MEAD-GARDNER-REID-TIBERI-SCHULER-JONES-GARCIA-    8            

     THOMAS-COLONNA-CORBIN-PRINGLE-O'BRIEN-TAVARES-BRADING-        9            

    ROMAN-HARRIS-WINKLER-BENDER-OLMAN-FOX-LUCAS-PATTON-LEWIS-      10           

   AMSTUTZ-OPFER-VESPER-JOHNSON-MOTTL-WHALEN-SALERNO-MOTTLEY-      11           

    BOYD-MAIER-HAINES-PERZ-TERWILLEGER-OGG-KREBS-HOUSEHOLDER-      12           

      SENATORS FURNEY-SHOEMAKER-OELSLAGER-SCHAFRATH-KEARNS         13           


                                                                   15           

                           A   B I L L                                          

             To amend sections 2950.11, 3301.50, 3301.52,          18           

                3301.53, 3301.54, 3301.541, 3301.55, 3301.57,                   

                3301.58, 3313.61, 3325.08, and 5104.02 and to      19           

                enact section 3301.581 of the Revised Code to      20           

                permit the "home" school districts of students     21           

                receiving high school diplomas from the State      23           

                School for the Blind or State School for the Deaf               

                also to grant these students high school diplomas  25           

                and to require "home" districts to grant diplomas               

                to such students if they meet the graduation       27           

                requirements of the district; to require Head      28           

                Start programs to be licensed by the Department    29           

                of Education instead of the Department of Human    30           

                Services; to require the Department of Education   31           

                to issue annual reports concerning its             32           

                inspections of preschool and school child                       

                programs; to eliminate provisions that permit      33           

                exempt child day-care entities to elect to be      34           

                licensed by the Department of Human Services and                

                that make the election irrevocable; and to         36           

                maintain the provisions of this act on and after   37           

                July 1, 1998, by amending the version of section   38           

                3313.61 of the Revised Code that takes effect on   39           

                                                          2      

                                                                 
                that date.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        41           

      Section 1.  That sections 2950.11, 3301.50, 3301.52,         44           

3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58, 3313.61,    45           

3325.08, and 5104.02 be amended and section 3301.581 of the                     

Revised Code be enacted to read as follows:                        47           

      Sec. 2950.11.  (A)  As used in this section, "specified      56           

geographical notification area" means the geographic area or       57           

areas within which the attorney general, by rule adopted under     58           

section 2950.13 of the Revised Code, requires the notice           59           

described in division (B) of this section to be given to the       60           

persons identified in divisions (A)(2) to (8) of this section.     61           

If a person is convicted of or pleads guilty to, or has been       62           

convicted of or pleaded guilty to, a sexually oriented offense,    64           

and if the offender has been adjudicated as being a sexual         65           

predator relative to the sexually oriented offense and the court   66           

has not subsequently determined pursuant to division (D) of        67           

section 2950.09 of the Revised Code that the offender no longer    68           

is a sexual predator or the offender has been determined pursuant               

to division (C) of section 2950.09 of the Revised Code to be a     69           

habitual sex offender and the court has imposed a requirement      70           

under that division subjecting the habitual sex offender to this   71           

section, the sheriff with whom the offender has most recently      72           

registered under section 2950.04 or 2950.05 of the Revised Code,   74           

within the period of time specified in division (C) of this        75           

section, shall provide a written notice containing the             76           

information set forth in division (B) of this section to all of    77           

the following persons:                                                          

      (1)  All occupants of residences adjacent to the offender's  79           

place of residence that are located within the county served by    80           

the sheriff and all additional neighbors of the offender who are   81           

within any category that the attorney general by rule adopted      82           

under section 2950.13 of the Revised Code requires to be provided  83           

                                                          3      

                                                                 
the notice and who reside within the county served by the          84           

sheriff;                                                                        

      (2)  The executive director of the public children services  86           

agency, as defined in section 2151.011 of the Revised Code, that   88           

has jurisdiction within the specified geographical notification    89           

area and that is located within the county served by the sheriff;               

      (3)  The superintendent of each board of education of a      91           

school district that has schools within the specified              92           

geographical notification area and that is located within the      93           

county served by the sheriff;                                                   

      (4)  The appointing or hiring officer of each chartered      95           

nonpublic school located within the specified geographical         96           

notification area and within the county served by the sheriff or   97           

of each other school located within the specified geographical     98           

notification area and within the county served by the sheriff and  99           

that is not operated by a board of education described in          101          

division (A)(3) of this section;                                                

      (5)  The director, head teacher, or elementary principal,    103          

OR SITE ADMINISTRATOR of each preschool program governed by        105          

Chapter 3301. of the Revised Code that is located within the       106          

specified geographical notification area and within the county     107          

served by the sheriff;                                                          

      (6)  The administrator of each child day-care center or      109          

type A family day-care home that is located within the specified   111          

geographical notification area and within the county served by     112          

the sheriff, and the provider of each certified type B family      113          

day-care home that is located within the specified geographical    114          

notification area and within the county served by the sheriff.     115          

As used in this division, "child day-care center," "type A family  116          

day-care home," and "certified type B family day-care home" have   117          

the same meanings as in section 5104.01 of the Revised Code.                    

      (7)  The president or other chief administrative officer of  119          

each institution of higher education, as defined in section        121          

2907.03 of the Revised Code, that is located within the specified  122          

                                                          4      

                                                                 
geographical notification area and within the county served by                  

the sheriff, and the chief law enforcement officer of the state    124          

university law enforcement agency or campus police department      125          

established under section 3345.04 or 1713.50 of the Revised Code,  126          

if any, that serves that institution.;                             127          

      (8)  The sheriff of each county that includes any portion    129          

of the specified geographical notification area.;                  130          

      (9)  If the offender resides within the county served by     132          

the sheriff, the chief of police, marshal, or other chief law      133          

enforcement officer of the municipal corporation in which the      134          

offender resides or, if the offender resides in an unincorporated  135          

area, the constable or chief of the police department or police    136          

district police force of the township in which the offender        137          

resides.                                                                        

      (B)  The notice required under division (A) of this section  139          

shall include all of the following information regarding the       140          

subject offender:                                                               

      (1)  The offender's name;                                    142          

      (2)  The address or addresses at which the offender          144          

resides;                                                                        

      (3)  The sexually oriented offense of which the offender     146          

was convicted or to which the offender pleaded guilty;             147          

      (4)  A statement that the offender has been adjudicated as   149          

being a sexual predator and that, as of the date of the notice,    150          

the court has not entered a determination that the offender no     151          

longer is a sexual predator, or a statement that the sentencing    153          

judge has determined that the offender is a habitual sex           154          

offender.                                                                       

      (C)  If a sheriff with whom an offender registers under      156          

section 2950.04 or 2950.05 of the Revised Code is required by      157          

division (A) of this section to provide notices regarding an       158          

offender and if, pursuant to that requirement, the sheriff         159          

provides a notice to a sheriff of one or more other counties in    160          

accordance with division (A)(8) of this section, the sheriff of    161          

                                                          5      

                                                                 
each of the other counties who is provided notice under division   162          

(A)(8) of this section shall provide the notices described in                   

divisions (A)(1) to (7) and (A)(9) of this section to each person  165          

or entity identified within those divisions that is located        166          

within the geographical notification area and within the county    167          

served by the sheriff in question.                                              

      (D)(1)  A sheriff required by division (A) or (C) of this    170          

section to provide notices regarding an offender shall provide                  

the notice to the neighbors that is described in division (A)(1)   171          

of this section and the notices to law enforcement personnel that  172          

are described in divisions (A)(8) and (9) of this section no       173          

later than seventy-two hours after the offender registers with     175          

the sheriff or, if the sheriff is required by division (C) to      176          

provide the notices, no later than seventy-two hours after the                  

sheriff is provided the notice described in division (A)(8) of     177          

this section.                                                                   

      (2)  A sheriff required by division (A) or (C) of this       179          

section to provide notices regarding an offender shall provide     180          

the notices to all other specified persons that are described in   181          

divisions (A)(2) to (7) of this section not later than seven days  182          

after the offender registers with the sheriff or, if the sheriff   183          

is required by division (C) to provide the notices, no later than  185          

seventy-two hours after the sheriff is provided the notice         186          

described in division (A)(8) of this section.                                   

      (E)  All information that a sheriff possesses regarding a    188          

sexual predator or a habitual sex offender that is described in    189          

division (B) of this section and that must be provided in a        191          

notice required under division (A) or (C) of this section is a     192          

public record that is open to inspection under section 149.43 of   193          

the Revised Code.                                                               

      (F)  The notification provisions of this section do not      195          

apply regarding a person who is convicted of or pleads guilty to,  196          

or has been convicted of or pleaded guilty to, a sexually          197          

oriented offense, who has not been adjudicated as being a sexual   198          

                                                          6      

                                                                 
predator relative to that sexually oriented offense, and who is    199          

determined pursuant to division (F) of section 2950.09 of the                   

Revised Code to be a habitual sex offender unless the sentencing   201          

court imposes a requirement in the offender's sentence and in the  202          

judgment of conviction that contains the sentence that subjects    203          

the offender to the provisions of this section.                    204          

      (G)  The department of human services shall compile,         206          

maintain, and update in January and July of each year, a list of   207          

all agencies, centers, or homes of a type described in division    208          

(A)(2) or (6) of this section that contains the name of each       210          

agency, center, or home of that type, the county in which it is    211          

located, its address and telephone number, and the name of an      212          

administrative officer or employee of the agency, center, or       213          

home.  The department of education shall compile, maintain, and    214          

update in January and July of each year, a list of all boards of   216          

education, schools, or programs of a type described in division    217          

(A)(3), (4), or (5) of this section that contains the name of      218          

each board of education, school, or program of that type, the      219          

county in which it is located, its address and telephone number,   220          

the name of the superintendent of the board or of an               221          

administrative officer or employee of the school or program, and,  222          

in relation to a board of education, the county or counties in     223          

which each of its schools is located and the address of each such  224          

school.  The Ohio board of regents shall compile, maintain, and    225          

update in January and July of each year, a list of all             227          

institutions of a type described in division (A)(7) of this        228          

section that contains the name of each such institution, the       229          

county in which it is located, its address and telephone number,   230          

and the name of its president or other chief administrative        231          

officer.  A sheriff required by division (A) or (C) of this        232          

section to provide notices regarding an offender, or a designee    233          

of a sheriff of that type, may request the department of human     234          

services, department of education, or Ohio board of regents, by    236          

telephone, in person, or by mail, to provide the sheriff or        237          

                                                          7      

                                                                 
designee with the names, addresses, and telephone numbers of the   238          

appropriate persons and entities to whom the notices described in  239          

divisions (A)(2) to (7) of this section are to be provided.  Upon  241          

receipt of a request, the department or board shall provide the    242          

requesting sheriff or designee with the names, addresses, and      243          

telephone numbers of the appropriate persons and entities to whom  244          

those notices are to be provided.                                  245          

      Sec. 3301.50.  Except as otherwise provided under division   254          

(B) of section 3301.54 of the Revised Code, the issuing of any     255          

educator license designated for teaching in a preschool setting    256          

pursuant to section 3319.22 of the Revised Code shall not be       257          

construed as requiring any person who does not hold such a         258          

license to obtain one in order to be employed as a teacher in a    260          

pre-kindergarten program except that.  HOWEVER, a person hired     261          

after July 1, 1988, to direct a preschool program regulated by     262          

the state board of education under sections 3301.52 to 3301.57 of  263          

the Revised Code, other than a program operated by a               264          

nontax-supported eligible nonpublic school, shall hold a valid     265          

educator license designated as appropriate for teaching or being   266          

an administrator in a preschool setting issued pursuant to                      

section 3319.22 of the Revised Code plus coursework THE FOUR       267          

COURSES required by DIVISION (A)(1) OF section 3301.54 of the      268          

Revised Code, UNLESS DIVISION (A)(4) OF THAT SECTION APPLIES TO    270          

THE PERSON.                                                        271          

      Sec. 3301.52.  As used in sections 3301.52 to 3301.59 of     280          

the Revised Code:                                                  281          

      (A)  "Preschool program" means either of the following:      283          

      (1)  A child day-care program for preschool children that    285          

is operated by a school district board of education or, an         286          

eligible nonpublic school, A HEAD START GRANTEE, OR A HEAD START   287          

DELEGATE AGENCY.                                                   288          

      (2)  A child day-care program for preschool children age     290          

three or older that is operated by a county MR/DD board.           291          

      (B)  "Preschool child" or "child" means a child who has not  293          

                                                          8      

                                                                 
entered kindergarten and is not of compulsory school age.          294          

      (C)  "Parent, guardian, or custodian" means the person or    296          

government agency that is or will be responsible for a child's     297          

school attendance under section 3321.01 of the Revised Code.       298          

      (D)  "Superintendent" means the superintendent of a school   300          

district or the chief administrative officer of an eligible        301          

nonpublic school.                                                  302          

      (E)  "Director" means the director, head teacher, or         304          

elementary principal, OR SITE ADMINISTRATOR who is THE INDIVIDUAL  306          

ON SITE AND responsible for supervision of a preschool program.    307          

      (F)  "Preschool staff member" means a preschool employee     309          

whose primary responsibility is care, teaching, or supervision of  310          

preschool children.                                                311          

      (G)  "Nonteaching employee" means a preschool program or     313          

school child program employee whose primary responsibilities are   314          

duties other than care, teaching, and supervision of preschool     315          

children or school children.                                       316          

      (H)  "Eligible nonpublic school" means a nonpublic school    318          

chartered as described in division (B)(8) of section 5104.02 of    319          

the Revised Code or chartered by the state board of education for  320          

any combination of grades one through twelve, regardless of        321          

whether it also offers kindergarten.                               322          

      (I)  "County MR/DD board" means a county board of mental     324          

retardation and developmental disabilities.                        325          

      (J)  "School child program" means a child day-care program   327          

for only school children that is operated by a school district     328          

board of education, county MR/DD board, or eligible nonpublic      329          

school.                                                            330          

      (K)  "School child" and "child day-care" have the same       332          

meanings as in section 5104.01 of the Revised Code.                333          

      (L)  "School child program staff member" means an employee   335          

whose primary responsibility is the care, teaching, or             336          

supervision of children in a school child program.                 337          

      (M)  "HEAD START" MEANS A PROGRAM OPERATED IN ACCORDANCE     339          

                                                          9      

                                                                 
WITH SUBCHAPTER II OF THE "COMMUNITY ECONOMIC DEVELOPMENT ACT,"    341          

95 STAT. 489 (1981), 42 U.S.C. 9831, AND AMENDMENTS THERETO.       342          

      Sec. 3301.53.  (A)  Not later than July 1, 1988, the state   351          

board of education, in consultation with the director of human     352          

services, shall formulate and prescribe by rule adopted under      353          

Chapter 119. of the Revised Code minimum standards to be applied   354          

to preschool programs operated by school district boards of        355          

education, county MR/DD boards, and by eligible nonpublic          357          

schools, HEAD START GRANTEES, AND HEAD START DELEGATE AGENCIES.                 

The rules shall include the following:                             358          

      (1)  Standards ensuring that the preschool program is        360          

located in a safe and convenient facility that accommodates the    361          

enrollment of the program, is of the quality to support the        362          

growth and development of the children according to the program    363          

objectives, and meets the requirements of section 3301.55 of the   364          

Revised Code;                                                      365          

      (2)  Standards ensuring that supervision, discipline, and    367          

programs will be administered according to established objectives  368          

and procedures;                                                    369          

      (3)  Standards ensuring that preschool staff members and     371          

nonteaching employees are recruited, employed, assigned,           372          

evaluated, and provided inservice education without                373          

discrimination on the basis of age, color, national origin, race,  374          

or sex; and that preschool staff members and nonteaching           375          

employees are assigned responsibilities in accordance with         376          

written position descriptions commensurate with their training     377          

and experience;                                                    378          

      (4)  A requirement that boards of education intending to     380          

establish a preschool program on or after March 17, 1989,          381          

demonstrate a need for a preschool program that is not being met   382          

by any existing program providing child day-care, prior to         383          

establishing the program;                                          384          

      (5)  Requirements that children participating in preschool   386          

programs have been immunized to the extent considered appropriate  387          

                                                          10     

                                                                 
by the state board to prevent the spread of communicable disease;  388          

      (6)  Requirements that the parents of preschool children     390          

complete the emergency medical authorization form specified in     391          

section 3313.712 of the Revised Code.                              392          

      (B)  The state board of education in consultation with the   394          

director of human services shall ensure that the rules adopted by  395          

the state board under sections 3301.52 to 3301.58 of the Revised   396          

Code are consistent with and meet or exceed the requirements of    397          

Chapter 5104. of the Revised Code with regard to child day-care    398          

centers.  The state board and the director of human services       399          

shall review all such rules at least once every five years.        400          

      (C)  On or before January 1, 1992, the state board of        402          

education, in consultation with the department of human services,  403          

shall adopt rules for school child programs that are consistent    404          

with and meet or exceed the requirements of the rules adopted for  405          

school child day-care centers under Chapter 5104. of the Revised   406          

Code.                                                              407          

      Sec. 3301.54.  (A)(1)  Each preschool program shall be       416          

directed and supervised by a director, a head teacher, or an       417          

elementary principal, OR A SITE ADMINISTRATOR WHO IS ON SITE AND   418          

RESPONSIBLE FOR SUPERVISION OF THE PROGRAM.  Except as otherwise   419          

provided in this division (A)(2), (3), OR (4) OF THIS SECTION,     421          

this person shall hold a valid educator license designated as      422          

appropriate for teaching or being an administrator in a preschool  424          

setting issued pursuant to section 3319.22 of the Revised Code     425          

and have completed at least four courses in child development or   426          

early childhood education from an accredited college, university,  427          

or technical college.  If                                          428          

      (2)  IF the person was employed prior to July 1, 1988, by a  430          

school district board of education or an eligible nonpublic        431          

school to direct a preschool program, the person shall be          432          

considered to meet the requirements of this section if the person  433          

holds a valid kindergarten-primary certificate described under     434          

former division (A) of section 3319.22 of the Revised Code as it   435          

                                                          11     

                                                                 
existed on January 1, 1996.  If                                    436          

      (3)  IF the person is employed to direct a preschool         439          

program operated by an eligible, nontax-supported, nonpublic       440          

school, the person shall be considered to meet the requirements    441          

of this section if the person holds a valid teaching certificate   442          

issued in accordance with section 3301.071 of the Revised Code.    443          

      (4)  IF THE PERSON IS A SITE ADMINISTRATOR FOR A HEAD START  446          

GRANTEE OR HEAD START DELEGATE AGENCY, THE PERSON SHALL BE                      

CONSIDERED TO MEET THE REQUIREMENTS OF THIS SECTION IF THE PERSON  447          

PROVIDES EVIDENCE THAT THE PERSON HAS ATTAINED AT LEAST A HIGH     448          

SCHOOL DIPLOMA OR CERTIFICATION OF HIGH SCHOOL EQUIVALENCY ISSUED  449          

BY THE STATE BOARD OF EDUCATION OR A COMPARABLE AGENCY OF ANOTHER  450          

STATE, AND THAT THE PERSON MEETS AT LEAST ONE OF THE FOLLOWING     451          

REQUIREMENTS:                                                                   

      (a)  TWO YEARS OF EXPERIENCE WORKING AS A CHILD-CARE STAFF   453          

MEMBER IN A CHILD DAY-CARE CENTER OR PRESCHOOL PROGRAM AND AT      455          

LEAST FOUR COURSES IN CHILD DEVELOPMENT OR EARLY CHILDHOOD         457          

EDUCATION FROM AN ACCREDITED COLLEGE, UNIVERSITY, OR TECHNICAL     458          

COLLEGE, EXCEPT THAT A PERSON WHO HAS TWO YEARS OF EXPERIENCE      459          

WORKING AS A CHILD-CARE STAFF MEMBER IN A PARTICULAR DAY-CARE                   

CENTER OR PRESCHOOL PROGRAM AND WHO HAS BEEN PROMOTED TO OR        461          

DESIGNATED DIRECTOR SHALL HAVE ONE YEAR FROM THE TIME THE PERSON   462          

WAS PROMOTED OR DESIGNATED TO COMPLETE THE REQUIRED FOUR COURSES;  463          

      (b)  TWO YEARS OF TRAINING IN AN ACCREDITED COLLEGE,         465          

UNIVERSITY, OR TECHNICAL COLLEGE THAT INCLUDES AT LEAST FOUR       466          

COURSES IN CHILD DEVELOPMENT OR EARLY CHILDHOOD EDUCATION;         467          

      (c)  A CHILD DEVELOPMENT ASSOCIATE CREDENTIAL ISSUED BY THE  469          

NATIONAL CHILD DEVELOPMENT ASSOCIATE CREDENTIALING COMMISSION;     470          

      (d)  AN ASSOCIATE OR HIGHER DEGREE IN CHILD DEVELOPMENT OR   472          

EARLY CHILDHOOD EDUCATION FROM AN ACCREDITED COLLEGE, UNIVERSITY,  473          

OR TECHNICAL COLLEGE.                                              474          

      (B)  Each preschool staff member shall be at least eighteen  477          

years of age and have a high school diploma or a certification of  478          

high school equivalency issued by the state board of education or  479          

                                                          12     

                                                                 
a comparable agency of another state, except that a staff member   480          

may be less than eighteen years of age if the staff member is a    482          

graduate of a two-year vocational child-care training program      483          

approved by the state board of education, or is a student          484          

enrolled in the second year of such a program that leads to high   485          

school graduation, provided that the student performs duties in    486          

the preschool program under the continuous supervision of an       487          

experienced preschool staff member and receives periodic           488          

supervision from the vocational child-care training program        489          

teacher-coordinator in the student's high school.                  490          

      A preschool staff member shall annually complete fifteen     492          

hours of inservice training in child development or early          493          

childhood education, child abuse recognition and prevention, and   494          

first aid, and in the prevention, recognition, and management of   495          

communicable diseases, until a total of forty-five hours has been  496          

completed, unless the staff member holds an associate or higher    498          

degree in child development or early childhood education from an   499          

accredited college, university, or technical college, or any type  500          

of educator license designated as appropriate for teaching in an   502          

associate teaching position in a preschool setting issued by the   503          

state board of education pursuant to section 3319.22 of the        504          

Revised Code.                                                                   

      Sec. 3301.541.  (A)(1)  The director, head teacher, or       513          

elementary principal, OR SITE ADMINISTRATOR of a preschool         514          

program shall request the superintendent of the bureau of          516          

criminal identification and investigation to conduct a criminal    517          

records check with respect to any applicant who has applied to     518          

the preschool program for employment as a person responsible for   519          

the care, custody, or control of a child.  If the applicant does   520          

not present proof that the applicant has been a resident of this   521          

state for the five-year period immediately prior to the date upon  522          

which the criminal records check is requested or does not provide  523          

evidence that within that five-year period the superintendent has  524          

requested information about the applicant from the federal bureau  525          

                                                          13     

                                                                 
of investigation in a criminal records check, the director, head   526          

teacher, or elementary principal shall request that the            527          

superintendent obtain information from the federal bureau of       528          

investigation as a part of the criminal records check for the      529          

applicant.  If the applicant presents proof that the applicant     530          

has been a resident of this state for that five-year period, the   531          

director, head teacher, or elementary principal may request that   532          

the superintendent include information from the federal bureau of  533          

investigation in the criminal records check.                       534          

      (2)  Any director, head teacher, or elementary principal,    536          

OR SITE ADMINISTRATOR required by division (A)(1) of this section  538          

to request a criminal records check shall provide to each          539          

applicant a copy of the form prescribed pursuant to division       540          

(C)(1) of section 109.572 of the Revised Code, provide to each     541          

applicant a standard impression sheet to obtain fingerprint        542          

impressions prescribed pursuant to division (C)(2) of section      543          

109.572 of the Revised Code, obtain the completed form and         544          

impression sheet from each applicant, and forward the completed    545          

form and impression sheet to the superintendent of the bureau of   546          

criminal identification and investigation at the time the person   547          

requests a criminal records check pursuant to division (A)(1) of   548          

this section.                                                                   

      (3)  Any applicant who receives pursuant to division (A)(2)  550          

of this section a copy of the form prescribed pursuant to          551          

division (C)(1) of section 109.572 of the Revised Code and a copy  552          

of an impression sheet prescribed pursuant to division (C)(2) of   553          

that section and who is requested to complete the form and         554          

provide a set of fingerprint impressions shall complete the form   555          

or provide all the information necessary to complete the form and  556          

provide the impression sheet with the impressions of the           557          

applicant's fingerprints.  If an applicant, upon request, fails    558          

to provide the information necessary to complete the form or       559          

fails to provide impressions of the applicant's fingerprints, the  560          

preschool program shall not employ that applicant for any          561          

                                                          14     

                                                                 
position for which a criminal records check is required by         562          

division (A)(1) of this section.                                                

      (B)(1)  Except as provided in rules adopted by the           564          

department of education in accordance with division (E) of this    565          

section, no preschool program shall employ a person as a person    566          

responsible for the care, custody, or control of a child if the    567          

person previously has been convicted of or pleaded guilty to any   568          

of the following:                                                  569          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       571          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     572          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     574          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     575          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  576          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     577          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    578          

2925.06, or 3716.11 of the Revised Code, a violation of section    579          

2905.04 of the Revised Code as it existed prior to July 1, 1996,                

a violation of section 2919.23 of the Revised Code that would      580          

have been a violation of section 2905.04 of the Revised Code as    581          

it existed prior to July 1, 1996, had the violation occurred       582          

prior to that date,, a violation of section 2925.11 of the         583          

Revised Code that is not a minor drug possession offense, or       584          

felonious sexual penetration in violation of former section        585          

2907.12 of the Revised Code;                                                    

      (b)  A violation of an existing or former law of this        587          

state, any other state, or the United States that is               588          

substantially equivalent to any of the offenses or violations      589          

described in division (B)(1)(a) of this section.                   590          

      (2)  A preschool program may employ an applicant             592          

conditionally until the criminal records check required by this    593          

section is completed and the preschool program receives the        594          

results of the criminal records check.  If the results of the      595          

criminal records check indicate that, pursuant to division (B)(1)  596          

of this section, the applicant does not qualify for employment,    597          

                                                          15     

                                                                 
the preschool program shall release the applicant from             598          

employment.                                                        599          

      (C)(1)  Each preschool program shall pay to the bureau of    601          

criminal identification and investigation the fee prescribed       602          

pursuant to division (C)(3) of section 109.572 of the Revised      603          

Code for each criminal records check conducted in accordance with  604          

that section upon the request pursuant to division (A)(1) of this  605          

section of the director, head teacher, or elementary principal,    606          

OR SITE ADMINISTRATOR of the preschool program.                    608          

      (2)  A preschool program may charge an applicant a fee for   610          

the costs it incurs in obtaining a criminal records check under    611          

this section.  A fee charged under this division shall not exceed  612          

the amount of fees the preschool program pays under division       613          

(C)(1) of this section.  If a fee is charged under this division,  614          

the preschool program shall notify the applicant at the time of    615          

the applicant's initial application for employment of the amount   616          

of the fee and that, unless the fee is paid, the applicant will    617          

not be considered for employment.                                  618          

      (D)  The report of any criminal records check conducted by   620          

the bureau of criminal identification and investigation in         621          

accordance with section 109.572 of the Revised Code and pursuant   622          

to a request under division (A)(1) of this section is not a        623          

public record for the purposes of section 149.43 of the Revised    624          

Code and shall not be made available to any person other than the  625          

applicant who is the subject of the criminal records check or the  627          

applicant's representative, the preschool program requesting the                

criminal records check or its representative, and any court,       628          

hearing officer, or other necessary individual in a case dealing   629          

with the denial of employment to the applicant.                    630          

      (E)  The department of education shall adopt rules pursuant  632          

to Chapter 119. of the Revised Code to implement this section,     633          

including rules specifying circumstances under which a preschool   634          

program may hire a person who has been convicted of an offense     635          

listed in division (B)(1) of this section but who meets standards  636          

                                                          16     

                                                                 
in regard to rehabilitation set by the department.                 637          

      (F)  Any person required by division (A)(1) of this section  639          

to request a criminal records check shall inform each person, at   640          

the time of the person's initial application for employment, that  641          

the person is required to provide a set of impressions of the      642          

person's fingerprints and that a criminal records check is         643          

required to be conducted and satisfactorily completed in           644          

accordance with section 109.572 of the Revised Code if the person  645          

comes under final consideration for appointment or employment as   646          

a precondition to employment for that position.                    647          

      (G)  As used in this section:                                649          

      (1)  "Applicant" means a person who is under final           651          

consideration for appointment or employment in a position with a   652          

preschool program as a person responsible for the care, custody,   653          

or control of a child, except that "applicant" does not include a  654          

person already employed by a board of education or chartered       655          

nonpublic school in a position of care, custody, or control of a   656          

child who is under consideration for a different position with     657          

such board or school.                                                           

      (2)  "Criminal records check" has the same meaning as in     659          

section 109.572 of the Revised Code.                               660          

      (3)  "Minor drug possession offense" has the same meaning    662          

as in section 2925.01 of the Revised Code.                         663          

      (H)  If the board of education of a local school district    665          

adopts a resolution requesting the assistance of the educational   666          

service center in which the local district has territory in        667          

conducting criminal records checks of substitute teachers under    668          

this section, the appointing or hiring officer of such                          

educational service center governing board shall serve for         669          

purposes of this section as the appointing or hiring officer of    670          

the local board in the case of hiring substitute teachers for      671          

employment in the local district.                                               

      Sec. 3301.55.  (A)  A school district, county MR/DD board,   680          

or eligible nonpublic school, HEAD START GRANTEE, OR HEAD START    682          

                                                          17     

                                                                 
DELEGATE AGENCY operating a preschool program shall house the      683          

program in buildings that meet the following requirements:         684          

      (1)  The building is operated by the district, county MR/DD  686          

board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD   688          

START DELEGATE AGENCY and has been approved by the division of     689          

industrial compliance in the department of commerce or a           690          

certified municipal, township, or county building department for   691          

the purpose of operating a program for preschool children.  Any    692          

such structure shall be constructed, equipped, repaired, altered,  693          

and maintained in accordance with applicable provisions of         694          

Chapters 3781. and 3791. and with rules adopted by the board of    695          

building standards under Chapter 3781. of the Revised Code for     696          

the safety and sanitation of structures erected for this purpose.  697          

      (2)  The building is in compliance with fire and safety      699          

laws and regulations as evidenced by reports of annual school      700          

fire and safety inspections as conducted by appropriate local      701          

authorities.                                                       702          

      (3)  The school is in compliance with rules established by   704          

the state board of education regarding school food services.       705          

      (4)  The facility includes not less than thirty-five square  707          

feet of indoor space for each child in the program.  Safe play     708          

space, including both indoor and outdoor play space, totaling not  709          

less than sixty square feet for each child using the space at any  710          

one time, shall be regularly available and scheduled for use.      711          

      (5)  First aid facilities and space for temporary placement  713          

or isolation of injured or ill children are provided.              714          

      (B)  Each school district, county MR/DD board, or eligible   716          

nonpublic school, HEAD START GRANTEE, OR HEAD START DELEGATE       717          

AGENCY that operates, or proposes to operate, a preschool program  719          

shall submit a building plan including all information specified   720          

by the state board of education to the board not later than the    721          

first day of September of the school year in which the program is  722          

to be initiated.  The board shall determine whether the buildings  723          

meet the requirements of this section and section 3301.53 of the   724          

                                                          18     

                                                                 
Revised Code, and notify the superintendent of its determination.  725          

If the board determines, on the basis of the building plan or any  726          

other information, that the buildings do not meet those            727          

requirements, it shall cause the buildings to be inspected by the  728          

department of education.  The department shall make a report to    729          

the superintendent specifying any aspects of the building that     730          

are not in compliance with the requirements of this section and    731          

section 3301.53 of the Revised Code and the time period that will  732          

be allowed the district, county MR/DD board, or school, GRANTEE,   733          

OR AGENCY to meet the requirements.                                734          

      Sec. 3301.57.  (A)  For the purpose of improving programs,   743          

facilities, and implementation of the standards promulgated by     744          

the state board of education under section 3301.53 of the Revised  745          

Code, the state department of education shall provide              746          

consultation and technical assistance to school districts, county  747          

MR/DD boards, and eligible nonpublic schools, HEAD START           749          

GRANTEES, AND HEAD START DELEGATE AGENCIES operating preschool     750          

programs or school child programs, and inservice training to       751          

preschool staff members, school child program staff members, and   752          

nonteaching employees.                                             753          

      (B)  The department and the school district board of         755          

education, county MR/DD board, or eligible nonpublic school, HEAD  757          

START GRANTEE, OR HEAD START DELEGATE AGENCY shall jointly         758          

monitor each preschool program and each school child program.      759          

      If the program receives any grant or other funding from the  761          

state or federal government, the department annually shall         762          

monitor all reports on attendance, financial support, and          763          

expenditures according to provisions for use of the funds.         764          

      (C)  The department of human services and the department of  766          

education shall enter into a contract pursuant to which the        767          

department of education inspects preschool programs and school     768          

child programs in accordance with sections 3301.52 to 3301.59 of   769          

the Revised Code, the rules adopted under those sections, and any  770          

applicable procedures in Chapter 5104. of the Revised Code and     771          

                                                          19     

                                                                 
investigates any complaints filed pursuant to those sections or    772          

rules.  The contract shall require the department of human         773          

services to pay the department of education for conducting the     774          

inspections and investigations an amount equal to the amount that  775          

the department of human services would expend conducting the same  776          

number of inspections and investigations with its employees under  777          

Chapter 5104. of the Revised Code.                                 778          

      (D)  The department of education, at least twice during      780          

every twelve-month period of operation of a preschool program or   781          

a licensed school child program, shall inspect the program and     782          

provide a written inspection report to the superintendent of the   783          

school district, county MR/DD board, or eligible nonpublic         785          

school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY.  At                  

least one inspection shall be unannounced and all inspections may  787          

be unannounced.  No person shall interfere with any inspection     788          

conducted pursuant to this division or to the rules adopted        789          

pursuant to sections 3301.52 to 3301.59 of the Revised Code.       790          

      Upon receipt of any complaint that a preschool program or a  792          

licensed school child program is out of compliance with the        793          

requirements in sections 3301.52 to 3301.59 of the Revised Code    794          

or the rules adopted under those sections, the department shall    795          

investigate and may inspect the program.                           796          

      (E)  If a preschool program or a licensed school child       798          

program is determined to be out of compliance with the             799          

requirements of sections 3301.52 to 3301.59 of the Revised Code    800          

or the rules adopted under those sections, the department of       801          

education shall notify the appropriate superintendent, county      802          

MR/DD board, or eligible nonpublic school, HEAD START GRANTEE, OR  804          

HEAD START DELEGATE AGENCY in writing regarding the nature of the  805          

violation, what must be done to correct the violation, and by      806          

what date the correction must be made.  If the correction is not   807          

made by the date established by the department, it may commence    808          

action under Chapter 119. of the Revised Code to close the         809          

program or to revoke the license of the program.  If a program     810          

                                                          20     

                                                                 
does not comply with an order to cease operation issued in         811          

accordance with Chapter 119. of the Revised Code, the department   812          

shall notify the attorney general, the prosecuting attorney of     813          

the county in which the program is located, or the city attorney,  814          

village solicitor, or other chief legal officer of the municipal   815          

corporation in which the program is located that the program is    816          

operating in violation of sections 3301.52 to 3301.59 of the       817          

Revised Code or the rules adopted under those sections and in      818          

violation of an order to cease operation issued in accordance      819          

with Chapter 119. of the Revised Code.  Upon receipt of the        820          

notification, the attorney general, prosecuting attorney, city     821          

attorney, village solicitor, or other chief legal officer shall    822          

file a complaint in the court of common pleas OF THE COUNTY in     823          

which the program is located requesting the court to issue an      824          

order enjoining the program from operating.  The court shall       825          

grant the requested injunctive relief upon a showing that the      826          

program named in the complaint is operating in violation of        827          

sections 3301.52 to 3301.59 of the Revised Code or the rules       828          

adopted under those sections and in violation of an order to       829          

cease operation issued in accordance with Chapter 119. of the      830          

Revised Code.                                                      831          

      (F)  THE DEPARTMENT OF EDUCATION SHALL PREPARE AN ANNUAL     834          

REPORT ON INSPECTIONS CONDUCTED UNDER THIS SECTION.  THE REPORT                 

SHALL INCLUDE THE NUMBER OF INSPECTIONS CONDUCTED, THE NUMBER AND  835          

TYPES OF VIOLATIONS FOUND, AND THE STEPS TAKEN TO ADDRESS THE      837          

VIOLATIONS.  THE DEPARTMENT SHALL FILE THE REPORT WITH THE         838          

GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND     839          

THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES                 

ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR, BEGINNING IN   841          

1999.                                                                           

      Sec. 3301.58.  (A)  The department of education is           850          

responsible for the licensing of preschool programs and school     851          

child programs and for the enforcement of sections 3301.52 to      852          

3301.59 of the Revised Code and of any rules adopted under those   853          

                                                          21     

                                                                 
sections.  No school district board of education, county MR/DD     854          

board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD   856          

START DELEGATE AGENCY shall operate, establish, manage, conduct,   857          

or maintain a preschool program without a license issued under     858          

this section.  A school district board of education, county MR/DD  859          

board, or eligible nonpublic school may obtain a license under     860          

this section for a school child program. The school district       861          

board of education, county MR/DD board, or eligible nonpublic      862          

school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY shall    863          

post the current license for each preschool program and licensed   865          

school child program it operates, establishes, manages, conducts,  866          

or maintains in a conspicuous place in the preschool program or    867          

licensed school child program that is accessible to parents,       868          

custodians, or guardians and employees and staff members of the    869          

program at all times when the program is in operation.             870          

      (B)  Any school district board of education, county MR/DD    872          

board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD   874          

START DELEGATE AGENCY that desires to operate, establish, manage,  875          

conduct, or maintain a preschool program or to obtain a license    876          

for a school child program shall apply to the department of        877          

education for a license on a form that the department shall        878          

prescribe by rule.  ANY SCHOOL DISTRICT BOARD OF EDUCATION,        879          

COUNTY MR/DD BOARD, OR ELIGIBLE NONPUBLIC SCHOOL THAT DESIRES TO   881          

OBTAIN A LICENSE FOR A SCHOOL CHILD PROGRAM SHALL APPLY TO THE                  

DEPARTMENT FOR A LICENSE ON A FORM THAT THE DEPARTMENT SHALL       882          

PRESCRIBE BY RULE.   The department shall provide at no charge to  884          

each applicant for a license under this section a copy of the      885          

requirements under sections 3301.52 to 3301.59 of the Revised      886          

Code and any rules adopted under those sections.  The department   887          

shall mail application forms for the renewal of a license at       888          

least one hundred twenty days prior to the date of the expiration  889          

of the license, and the application for renewal of a license       890          

shall be filed with the department at least sixty days before the  891          

date of the expiration of the existing license.  The department    892          

                                                          22     

                                                                 
may establish application fees by rule adopted under Chapter 119.  893          

of the Revised Code, and all applicants for a license shall pay    894          

any fee established by the department at the time of making an     895          

application for a license.  All fees collected pursuant to this    896          

section shall be paid into the state treasury to the credit of     897          

the general revenue fund.                                                       

      (C)  Upon the filing of an application for a license, the    899          

department of education shall investigate and inspect the          900          

preschool program or school child program to determine the         901          

license capacity for each age category of children of the program  902          

and to determine whether the program complies with sections        903          

3301.52 to 3301.59 of the Revised Code and any rules adopted       904          

under those sections.  When, after investigation and inspection,   905          

the department of education is satisfied that sections 3301.52 to  906          

3301.59 of the Revised Code and any rules adopted under those      907          

sections are complied with by the applicant, the department of     908          

education shall issue the program a provisional license as soon    909          

as practicable in the form and manner prescribed by the rules of   910          

the department.  The provisional license shall be valid for six    911          

months from the date of issuance unless revoked.                   912          

      (D)  The department of education shall investigate and       914          

inspect a preschool program or school child program that has been  915          

issued a provisional license at least once during operation under  916          

the provisional license.  If, after the investigation and          917          

inspection, the department of education determines that the        918          

requirements of sections 3301.52 to 3301.59 of the Revised Code    919          

and any rules adopted under those sections are met by the          920          

provisional licensee, the department of education shall issue a    921          

license that is effective for two years from the date of the       922          

issuance of the provisional license.                               923          

      (E)  Upon the filing of an application for the renewal of a  925          

license by a preschool program or school child program, the        926          

department of education shall investigate and inspect the          927          

preschool program or school child program.  If the department of   928          

                                                          23     

                                                                 
education determines that the requirements of sections 3301.52 to  929          

3301.59 of the Revised Code and any rules adopted under those      930          

sections are met by the applicant, the department of education     931          

shall renew the license for two years from the date of the         932          

expiration date of the previous license.                           933          

      (F)  The license or provisional license shall state the      935          

name of the school district board of education, county MR/DD       936          

board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD   938          

START DELEGATE AGENCY that operates the preschool program or       939          

school child program and the license capacity of the program.      940          

The license shall include any other information required by        941          

section 5104.03 of the Revised Code for the license of a child     942          

day-care center.                                                                

      (G)  The department of education may revoke the license of   944          

any preschool program or school child program that is not in       945          

compliance with the requirements of sections 3301.52 to 3301.59    946          

of the Revised Code and any rules adopted under those sections.    947          

      (H)  If the department of education revokes a license or     949          

refuses to renew a license to a program, the department shall not  950          

issue a license to the program within two years from the date of   951          

the revocation or refusal.  All actions of the department with     952          

respect to licensing preschool programs and school child programs  953          

shall be in accordance with Chapter 119. of the Revised Code.      954          

      Sec. 3301.581.  EACH HEAD START GRANTEE, HEAD START          956          

DELEGATE AGENCY, AND ELIGIBLE NONPUBLIC SCHOOL OPERATING A HEAD    957          

START PROGRAM SHALL BE LICENSED BY THE DEPARTMENT OF EDUCATION AS  958          

A PRESCHOOL PROGRAM UNDER SECTIONS 3301.52 TO 3301.59 OF THE       959          

REVISED CODE, AND DOES NOT HAVE THE OPTION OF BEING LICENSED BY    961          

THE DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5104. OF THE        963          

REVISED CODE.  BEFORE THE EXPIRATION OF ANY GRANTEE'S, AGENCY'S,   964          

OR SCHOOL'S LICENSE UNDER THAT CHAPTER, OR WITHIN SIX MONTHS       965          

AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS EARLIER,    966          

THE AGENCY OR SCHOOL SHALL APPLY FOR A LICENSE FOR A PRESCHOOL     967          

PROGRAM UNDER SECTION 3301.58 OF THE REVISED CODE.                 968          

                                                          24     

                                                                 
NOTWITHSTANDING DIVISION (C) OF SECTION 3301.58 OF THE REVISED     971          

CODE, A GRANTEE, AGENCY, OR SCHOOL APPLYING FOR A LICENSE FOR A    972          

HEAD START PROGRAM DURING THE SIX MONTHS FOLLOWING THE EFFECTIVE   973          

DATE OF THIS SECTION NEED NOT FIRST OBTAIN A PROVISIONAL LICENSE                

UNDER THAT DIVISION.                                               974          

      Sec. 3313.61.  (A)  A diploma shall be granted by the board  982          

of education of any city, exempted village, or local school        983          

district that operates a high school to any person to whom all of  984          

the following apply:                                               985          

      (1)  The person has successfully completed the curriculum    987          

in any high school or the individualized education program         988          

developed for the person by any high school pursuant to section    989          

3323.08 of the Revised Code;                                       990          

      (2)  The person has attained at least the applicable scores  992          

designated under division (B) of section 3301.0710 of the Revised  993          

Code on all the tests required by that division unless the person  994          

was excused from taking any such test pursuant to division (C)(1)  995          

of section 3301.0711 or section 3313.532 of the Revised Code or    996          

unless division (H) of this section applies to the person;         997          

      (3)  The person is not eligible to receive an honors         999          

diploma granted pursuant to division (B) of this section.          1,000        

      No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF      1,003        

THIS SECTION, NO diploma shall be granted under this division to   1,004        

anyone except as provided under this division.                     1,005        

      (B)  In lieu of a diploma granted under division (A) of      1,007        

this section, an honors diploma shall be granted, in accordance    1,008        

with rules of the state board of education, by any such district   1,009        

board to anyone who successfully completes the curriculum in any   1,010        

high school or the individualized education program developed for  1,011        

the person by any high school pursuant to section 3323.08 of the   1,012        

Revised Code, who has attained at least the applicable scores      1,013        

designated under division (B) of section 3301.0710 of the Revised  1,014        

Code on all the tests required by that division, and who has met   1,015        

additional criteria established by the state board for the         1,016        

                                                          25     

                                                                 
granting of such a diploma.  No EXCEPT AS PROVIDED IN DIVISION     1,018        

(J) OF THIS SECTION, NO honors diploma shall be granted to anyone  1,019        

failing to comply with this division and no more than one honors   1,020        

diploma shall be granted to any student under this division.       1,021        

      The state board shall adopt rules prescribing the granting   1,023        

of honors diplomas under this division.  These rules may           1,024        

prescribe the granting of honors diplomas that recognize a         1,025        

student's achievement as a whole or that recognize a student's     1,026        

achievement in one or more specific subjects or both.  In any      1,027        

case, the rules shall designate two or more criteria for the       1,028        

granting of each type of honors diploma the board establishes      1,029        

under this division and the number of such criteria that must be   1,030        

met for the granting of that type of diploma.  The number of such  1,031        

criteria for any type of honors diploma shall be at least one      1,032        

less than the total number of criteria designated for that type    1,033        

and no one or more particular criteria shall be required of all    1,034        

persons who are to be granted that type of diploma.                1,035        

      (C)  Any such district board administering any of the tests  1,037        

required by section 3301.0710 of the Revised Code to any person    1,038        

requesting to take such test pursuant to division (B)(4)(b) of     1,039        

section 3301.0711 of the Revised Code shall award a diploma to     1,040        

such person if he THE PERSON attains at least the applicable       1,041        

scores designated under division (B) of section 3301.0710 of the   1,043        

Revised Code on all the tests administered and if he THE PERSON    1,044        

has previously attained the applicable scores on all the other     1,046        

tests required by division (B) of that section or has been         1,047        

exempted or excused from any such test pursuant to division (H)    1,048        

of this section or division (C)(1) of section 3301.0711 or         1,049        

section 3313.532 of the Revised Code.                              1,050        

      (D)  Each diploma awarded under this section shall be        1,052        

signed by the president and treasurer of the issuing board, the    1,053        

superintendent of schools, and the principal of the high school.   1,054        

Each diploma shall bear the date of its issue, be in such form as  1,055        

the district board prescribes, and be paid for out of the          1,056        

                                                          26     

                                                                 
district's general fund.                                           1,057        

      (E)  A person who is a resident of Ohio and is eligible      1,059        

under state board of education minimum standards to receive a      1,060        

high school diploma based in whole or in part on credits earned    1,061        

while an inmate of a correctional institution operated by the      1,062        

state or any political subdivision thereof, shall be granted such  1,063        

diploma by the correctional institution operating the programs in  1,064        

which such credits were earned, and by the board of education of   1,065        

the school district in which the inmate resided immediately prior  1,066        

to his THE INMATE'S placement in the institution.  The diploma     1,067        

granted by the correctional institution shall be signed by the     1,069        

director of the institution, and by the person serving as          1,070        

principal of the institution's high school and shall bear the      1,071        

date of issue.                                                                  

      (F)  Persons who are not residents of Ohio but who are       1,073        

inmates of correctional institutions operated by the state or any  1,074        

political subdivision thereof, and who are eligible under state    1,075        

board of education minimum standards to receive a high school      1,076        

diploma based in whole or in part on credits earned while an       1,077        

inmate of the correctional institution, shall be granted a         1,078        

diploma by the correctional institution offering the program in    1,079        

which the credits were earned.  The diploma granted by the         1,080        

correctional institution shall be signed by the director of the    1,081        

institution and by the person serving as principal of the          1,082        

institution's high school and shall bear the date of issue.        1,083        

      (G)  The state board of education shall provide by rule for  1,085        

the administration of the tests required by section 3301.0710 of   1,086        

the Revised Code to inmates of correctional institutions.          1,087        

      (H)  Any person to whom all of the following apply shall be  1,089        

exempted from attaining the applicable score on the test in        1,090        

citizenship designated under division (B) of section 3301.0710 of  1,091        

the Revised Code:                                                  1,092        

      (1)  The person is not a citizen of the United States;       1,094        

      (2)  The person is not a permanent resident of the United    1,096        

                                                          27     

                                                                 
States;                                                            1,097        

      (3)  The person indicates he does not intend NO INTENTION    1,099        

to reside in the United States after the completion of high        1,100        

school.                                                                         

      (I)  Notwithstanding division (D) of section 3311.19 and     1,102        

division (D) of section 3311.52 of the Revised Code, this section  1,103        

and section 3311.611 of the Revised Code do not apply to the       1,104        

board of education of any joint vocational school district or any  1,105        

cooperative education school district established pursuant to      1,106        

divisions (A) to (C) of section 3311.52 of the Revised Code.       1,107        

      (J)  UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION  1,110        

3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA  1,111        

UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE    1,112        

MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE          1,113        

STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA  1,114        

IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT               

WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE     1,115        

DISTRICT.  THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE  1,117        

SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION               

3325.08 OF THE REVISED CODE.                                       1,118        

      (K)  THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,      1,121        

1998.                                                              1,122        

      Sec. 3325.08.  (A)  A diploma shall be granted by the        1,131        

superintendent of the state school for the blind and the           1,132        

superintendent of the state school for the deaf to any student     1,133        

enrolled in one of these state schools to whom all of the          1,134        

following apply:                                                   1,135        

      (1)  The student has successfully completed the              1,137        

individualized education program developed for him THE STUDENT     1,138        

for his THE STUDENT'S high school education pursuant to section    1,139        

3323.08 of the Revised Code;                                       1,140        

      (2)  The student has attained at least the applicable        1,142        

scores designated under division (B) of section 3301.0710 of the   1,143        

Revised Code on all the tests prescribed by that division unless   1,144        

                                                          28     

                                                                 
the student was excused from taking any such test pursuant to      1,145        

division (L)(3) of section 3301.0711 of the Revised Code;          1,146        

      (3)  The student is not eligible to receive an honors        1,148        

diploma granted pursuant to division (B) of this section.          1,149        

      No diploma shall be granted under this division to anyone    1,151        

except as provided under this division.                            1,152        

      (B)  In lieu of a diploma granted under division (A) of      1,154        

this section, the superintendent of the state school for the       1,155        

blind and the superintendent of the state school for the deaf      1,156        

shall grant an honors diploma, in the same manner that the boards  1,157        

of education of school districts grant such diplomas under         1,158        

division (B) of section 3313.61 of the Revised Code, to any        1,159        

student enrolled in one of these state schools who successfully    1,160        

completes the individualized education program developed for him   1,161        

THE STUDENT for his THE STUDENT'S high school education pursuant   1,163        

to section 3323.08 of the Revised Code, who has attained at least               

the applicable scores designated under division (B) of section     1,165        

3301.0710 of the Revised Code on all the tests prescribed under    1,166        

that division, and who has met additional criteria for granting    1,167        

such a diploma.  These additional criteria shall be the same as    1,168        

those prescribed by the state board under division (B) of section  1,169        

3313.61 of the Revised Code for the granting of such diplomas by   1,170        

school districts.  No honors diploma shall be granted to anyone    1,171        

failing to comply with this division and not more than one honors  1,172        

diploma shall be granted to any student under this division.       1,173        

      (C)  A diploma or honors diploma awarded under this section  1,175        

shall be signed by the superintendent of public instruction and    1,176        

the superintendent of the state school for the blind or the        1,177        

superintendent of the state school for the deaf, as applicable.    1,178        

Each diploma shall bear the date of its issue and be in such form  1,179        

as the school superintendent prescribes.                           1,180        

      (D)  UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS         1,182        

SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE       1,183        

STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE         1,184        

                                                          29     

                                                                 
DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE     1,185        

THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR  1,186        

3313.65 OF THE REVISED CODE WHEN NOT RESIDING AT THE STATE SCHOOL  1,187        

FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF.  THE NOTICE SHALL               

INDICATE THE TYPE OF DIPLOMA GRANTED.                              1,188        

      Sec. 5104.02.  (A)  The director of human services is        1,197        

responsible for the licensing of child day-care centers and type   1,198        

A family day-care homes, and for the enforcement of this chapter   1,199        

and of rules promulgated pursuant to this chapter.  No person,     1,200        

firm, organization, institution, or agency shall operate,          1,201        

establish, manage, conduct, or maintain a child day-care center    1,202        

or type A family day-care home without a license issued under      1,203        

section 5104.03 of the Revised Code.  The current license shall    1,204        

be posted in a conspicuous place in the center or type A home      1,205        

that is accessible to parents, custodians, or guardians and        1,206        

employees of the center or type A home at all times when the       1,207        

center or type A home is in operation.                             1,208        

      (B)  A person, firm, institution, organization, or agency    1,210        

operating any of the following programs is exempt from the         1,211        

provisions of this chapter:                                        1,212        

      (1)  A program of child day-care that operates for two or    1,214        

less consecutive weeks;                                            1,215        

      (2)  Child day-care in places of worship during religious    1,217        

activities during which children are cared for while at least one  1,218        

parent, guardian, or custodian of each child is participating in   1,219        

such activities and is readily available;                          1,220        

      (3)  Religious activities which do not provide child         1,222        

day-care;                                                          1,223        

      (4)  Supervised training, instruction, or activities of      1,225        

children in specific areas, including, but not limited to:  art;   1,226        

drama; dance; music; gymnastics, swimming, or another athletic     1,227        

skill or sport; computers; or an educational subject conducted on  1,228        

an organized or periodic basis no more than one day a week and     1,229        

for no more than six hours duration;                               1,230        

                                                          30     

                                                                 
      (5)  Programs in which the director determines that at       1,232        

least one parent, custodian, or guardian of each child is on the   1,233        

premises of the facility offering child day-care and is readily    1,234        

accessible at all times, except that child day-care provided on    1,235        

the premises at which a parent, custodian, or guardian is          1,236        

employed more than two and one-half hours a day shall be licensed  1,237        

in accordance with division (A) of this section;                   1,239        

      (6)(a)  Programs that provide child day-care funded and      1,241        

regulated or operated and regulated by state departments other     1,242        

than the department of human services or the state board of        1,243        

education when the director of human services has determined that  1,244        

the rules governing the program are equivalent to or exceed the    1,245        

rules promulgated pursuant to this chapter.                        1,246        

      Notwithstanding any exemption from regulation under this     1,248        

chapter, each state department shall submit to the director of     1,249        

human services a copy of the rules that govern programs that       1,250        

provide child day-care and are regulated or operated and           1,251        

regulated by the department.  Annually, each state department      1,252        

shall submit to the director a report for each such program it     1,253        

regulates or operates and regulates that includes the following    1,254        

information:                                                       1,255        

      (i)  The site location of the program;                       1,257        

      (ii)  The maximum number of infants, toddlers, preschool     1,259        

children, or school children served by the program at one time;    1,260        

      (iii)  The number of adults providing child day-care for     1,262        

the number of infants, toddlers, preschool children, or school     1,263        

children;                                                          1,264        

      (iv)  Any changes in the rules made subsequent to the time   1,266        

when the rules were initially submitted to the director.           1,267        

      The director shall maintain a record of the child day-care   1,269        

information submitted by other state departments and shall         1,270        

provide this information upon request to the general assembly or   1,271        

the public.                                                        1,272        

      (b)  Child day-care programs conducted by boards of          1,274        

                                                          31     

                                                                 
education or by chartered nonpublic schools that are conducted in  1,275        

school buildings and that provide child day-care to school         1,276        

children only shall be exempt from meeting or exceeding rules      1,277        

promulgated pursuant to this chapter.                              1,278        

      (7)  Any preschool program or school child program that is   1,280        

subject to licensure by the department of education under          1,281        

sections 3301.52 to 3301.59 of the Revised Code.                   1,282        

      (8)  Any program providing child day-care that meets all of  1,284        

the following requirements and, on October 20, 1987, was being     1,285        

operated by a nonpublic school that holds a charter issued by the  1,286        

state board of education for kindergarten only:                    1,287        

      (a)  The nonpublic school has given the notice to the state  1,289        

board and the director of human services required by Section 4 of  1,290        

Substitute House Bill No. 253 of the 117th general assembly;       1,291        

      (b)  The nonpublic school continues to be chartered by the   1,293        

state board for kindergarten, or receives and continues to hold a  1,294        

charter from the state board for kindergarten through grade five;  1,295        

      (c)  The program is conducted in a school building;          1,297        

      (d)  The program is operated in accordance with rules        1,299        

promulgated by the state board under sections 3301.52 to 3301.57   1,300        

of the Revised Code.                                               1,301        

      (C)  A person, firm, organization, institution, or agency    1,303        

operating a child day-care center or type A family day-care home   1,304        

that is exempt under division (B) of this section from licensure   1,305        

under division (A) of this section may apply for a license under   1,306        

division (A) of this section.  All requirements of this chapter    1,307        

and of rules promulgated pursuant to this chapter shall apply to   1,308        

any exempt child day-care center or type A home that applies for   1,309        

a license under division (A) of this section.  Licensure pursuant  1,310        

to this division constitutes an irrevocable waiver of the exempt   1,311        

status of the applicant under division (B) of this section.        1,312        

      Section 2.  That existing sections 2950.11, 3301.50,         1,315        

3301.52, 3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58,                 

3313.61, 3325.08, and 5104.02 of the Revised Code are hereby       1,317        

                                                          32     

                                                                 
repealed.                                                                       

      Section 3.  Section 3301.541 of the Revised Code is          1,319        

presented in this act as a composite of the section as amended by  1,320        

both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General  1,322        

Assembly, with the new language of neither of the acts shown in    1,323        

capital letters.  Section 3313.61 of the Revised Code is           1,324        

presented in Section 1 of this act as a composite of the section   1,325        

as amended by both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the  1,327        

120th General Assembly, with the new language of neither of the    1,328        

acts shown in capital letters.  This is in recognition of the      1,329        

principle stated in division (B) of section 1.52 of the Revised    1,330        

Code that such amendments are to be harmonized where not           1,331        

substantively irreconcilable and constitutes a legislative         1,332        

finding that such is the resulting version in effect prior to the  1,333        

effective date of this act.                                                     

      Section 4.  That section 3313.61 of the Revised Code, as     1,335        

amended by Am. Sub. S.B. 55 of the 122nd General Assembly, be      1,336        

amended to read as follows:                                        1,337        

      Sec. 3313.61.  (A)  A diploma shall be granted by the board  1,347        

of education of any city, exempted village, or local school        1,348        

district that operates a high school to any person to whom all of  1,349        

the following apply:                                               1,350        

      (1)  The person has successfully completed the curriculum    1,352        

in any high school or the individualized education program         1,353        

developed for the person by any high school pursuant to section    1,354        

3323.08 of the Revised Code;                                       1,355        

      (2)  The person has attained at least the applicable scores  1,357        

designated under division (B) of section 3301.0710 of the Revised  1,358        

Code on all the tests required by that division unless the person  1,359        

was excused from taking any such test pursuant to division (C)(1)  1,360        

of section 3301.0711 or section 3313.532 of the Revised Code or    1,361        

unless division (H) of this section applies to the person;         1,362        

      (3)  The person is not eligible to receive an honors         1,364        

diploma granted pursuant to division (B) of this section.          1,365        

                                                          33     

                                                                 
      No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF      1,368        

THIS SECTION, NO diploma shall be granted under this division to   1,369        

anyone except as provided under this division.                     1,370        

      (B)  In lieu of a diploma granted under division (A) of      1,372        

this section, an honors diploma shall be granted, in accordance    1,373        

with rules of the state board of education, by any such district   1,374        

board to anyone who successfully completes the curriculum in any   1,375        

high school or the individualized education program developed for  1,376        

the person by any high school pursuant to section 3323.08 of the   1,377        

Revised Code, who has attained at least the applicable scores      1,378        

designated under division (B) of section 3301.0710 of the Revised  1,379        

Code on all the tests required by that division, and who has met   1,380        

additional criteria established by the state board for the         1,381        

granting of such a diploma.  No EXCEPT AS PROVIDED IN DIVISIONS    1,383        

(C), (E), AND (J) OF THIS SECTION, NO honors diploma shall be      1,384        

granted to anyone failing to comply with this division and no      1,385        

more than one honors diploma shall be granted to any student       1,386        

under this division.                                               1,387        

      The state board shall adopt rules prescribing the granting   1,389        

of honors diplomas under this division.  These rules may           1,390        

prescribe the granting of honors diplomas that recognize a         1,391        

student's achievement as a whole or that recognize a student's     1,392        

achievement in one or more specific subjects or both.  In any      1,393        

case, the rules shall designate two or more criteria for the       1,394        

granting of each type of honors diploma the board establishes      1,395        

under this division and the number of such criteria that must be   1,396        

met for the granting of that type of diploma.  The number of such  1,397        

criteria for any type of honors diploma shall be at least one      1,398        

less than the total number of criteria designated for that type    1,399        

and no one or more particular criteria shall be required of all    1,400        

persons who are to be granted that type of diploma.                1,401        

      (C)  Any such district board administering any of the tests  1,403        

required by section 3301.0710 of the Revised Code to any person    1,404        

requesting to take such test pursuant to division (B)(5)(b) of     1,406        

                                                          34     

                                                                 
section 3301.0711 of the Revised Code shall award a diploma to     1,407        

such person if the person attains at least the applicable scores   1,409        

designated under division (B) of section 3301.0710 of the Revised  1,410        

Code on all the tests administered and if the person has           1,411        

previously attained the applicable scores on all the other tests   1,413        

required by division (B) of that section or has been exempted or   1,414        

excused from any such test pursuant to division (H) of this        1,415        

section or division (C)(1) of section 3301.0711 or section         1,416        

3313.532 of the Revised Code.                                      1,417        

      (D)  Each diploma awarded under this section shall be        1,419        

signed by the president and treasurer of the issuing board, the    1,420        

superintendent of schools, and the principal of the high school.   1,421        

Each diploma shall bear the date of its issue, be in such form as  1,422        

the district board prescribes, and be paid for out of the          1,423        

district's general fund.                                           1,424        

      (E)  A person who is a resident of Ohio and is eligible      1,426        

under state board of education minimum standards to receive a      1,427        

high school diploma based in whole or in part on credits earned    1,428        

while an inmate of a correctional institution operated by the      1,429        

state or any political subdivision thereof, shall be granted such  1,430        

diploma by the correctional institution operating the programs in  1,431        

which such credits were earned, and by the board of education of   1,432        

the school district in which the inmate resided immediately prior  1,433        

to the inmate's placement in the institution.  The diploma         1,434        

granted by the correctional institution shall be signed by the     1,436        

director of the institution, and by the person serving as          1,437        

principal of the institution's high school and shall bear the      1,438        

date of issue.                                                                  

      (F)  Persons who are not residents of Ohio but who are       1,440        

inmates of correctional institutions operated by the state or any  1,441        

political subdivision thereof, and who are eligible under state    1,442        

board of education minimum standards to receive a high school      1,443        

diploma based in whole or in part on credits earned while an       1,444        

inmate of the correctional institution, shall be granted a         1,445        

                                                          35     

                                                                 
diploma by the correctional institution offering the program in    1,446        

which the credits were earned.  The diploma granted by the         1,447        

correctional institution shall be signed by the director of the    1,448        

institution and by the person serving as principal of the          1,449        

institution's high school and shall bear the date of issue.        1,450        

      (G)  The state board of education shall provide by rule for  1,452        

the administration of the tests required by section 3301.0710 of   1,453        

the Revised Code to inmates of correctional institutions.          1,454        

      (H)  Any person to whom all of the following apply shall be  1,456        

exempted from attaining the applicable score on the test in        1,457        

citizenship designated under division (B) of section 3301.0710 of  1,458        

the Revised Code:                                                  1,459        

      (1)  The person is not a citizen of the United States;       1,461        

      (2)  The person is not a permanent resident of the United    1,463        

States;                                                            1,464        

      (3)  The person indicates no intention to reside in the      1,467        

United States after the completion of high school.                              

      (I)  Notwithstanding division (D) of section 3311.19 and     1,469        

division (D) of section 3311.52 of the Revised Code, this section  1,470        

and section 3311.611 of the Revised Code do not apply to the       1,471        

board of education of any joint vocational school district or any  1,472        

cooperative education school district established pursuant to      1,473        

divisions (A) to (C) of section 3311.52 of the Revised Code.       1,474        

      (J)  UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION  1,477        

3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA  1,478        

UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE    1,479        

MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE          1,480        

STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA  1,481        

IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT               

WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE     1,482        

DISTRICT.  THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE  1,484        

SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION               

3325.08 OF THE REVISED CODE.                                       1,485        

      Section 5.  That all existing versions of section 3313.61    1,487        

                                                          36     

                                                                 
of the Revised Code are hereby repealed.                           1,488        

      Section 6.  Sections 4 and 5 of this act shall take effect   1,490        

July 1, 1998.                                                      1,491        

      Section 7.  On the effective date of this act and on July    1,493        

1, 1998, the Department of Human Services shall transfer by        1,494        

intrastate transfer voucher to the Department of Education an      1,495        

amount at least equivalent to the amount the Department of Human   1,496        

Services would spend in fiscal years 1998 and 1999, respectively,  1,497        

to license and enforce Chapter 5104. of the Revised Code with                   

respect to Head Start grantees and Head Start delegate agencies.   1,498