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