As Passed by the Senate 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
DRAKE-LATELL-DiDONATO-DIX-GARDNER-HOWARD-FINAN-HAGAN 14
16
A B I L L
To amend sections 2950.11, 3301.50, 3301.52, 19
3301.53, 3301.54, 3301.541, 3301.55, 3301.57,
3301.58, 3313.61, 3325.08, and 5104.02 and to 20
enact section 3301.581 of the Revised Code to 21
permit the "home" school districts of students 22
receiving high school diplomas from the State 24
School for the Blind or State School for the Deaf
also to grant these students high school diplomas 26
and to require "home" districts to grant diplomas
to such students if they meet the graduation 28
requirements of the district; to require Head 29
Start programs to be licensed by the Department 30
of Education instead of the Department of Human 31
Services; to require the Department of Education 32
to issue annual reports concerning its 33
inspections of preschool and school child
programs; to eliminate provisions that permit 34
exempt child day-care entities to elect to be 35
licensed by the Department of Human Services and
that make the election irrevocable; and to 37
maintain the provisions of this act on and after 38
July 1, 1998, by amending the version of section 39
2
3313.61 of the Revised Code that takes effect on 40
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 2950.11, 3301.50, 3301.52, 45
3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58, 3313.61, 46
3325.08, and 5104.02 be amended and section 3301.581 of the
Revised Code be enacted to read as follows: 48
Sec. 2950.11. (A) As used in this section, "specified 57
geographical notification area" means the geographic area or 58
areas within which the attorney general, by rule adopted under 59
section 2950.13 of the Revised Code, requires the notice 60
described in division (B) of this section to be given to the 61
persons identified in divisions (A)(2) to (8) of this section. 62
If a person is convicted of or pleads guilty to, or has been 63
convicted of or pleaded guilty to, a sexually oriented offense, 65
and if the offender has been adjudicated as being a sexual 66
predator relative to the sexually oriented offense and the court 67
has not subsequently determined pursuant to division (D) of 68
section 2950.09 of the Revised Code that the offender no longer 69
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 70
habitual sex offender and the court has imposed a requirement 71
under that division subjecting the habitual sex offender to this 72
section, the sheriff with whom the offender has most recently 73
registered under section 2950.04 or 2950.05 of the Revised Code, 75
within the period of time specified in division (C) of this 76
section, shall provide a written notice containing the 77
information set forth in division (B) of this section to all of 78
the following persons:
(1) All occupants of residences adjacent to the offender's 80
place of residence that are located within the county served by 81
the sheriff and all additional neighbors of the offender who are 82
within any category that the attorney general by rule adopted 83
3
under section 2950.13 of the Revised Code requires to be provided 84
the notice and who reside within the county served by the 85
sheriff;
(2) The executive director of the public children services 87
agency, as defined in section 2151.011 of the Revised Code, that 89
has jurisdiction within the specified geographical notification 90
area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a 92
school district that has schools within the specified 93
geographical notification area and that is located within the 94
county served by the sheriff;
(4) The appointing or hiring officer of each chartered 96
nonpublic school located within the specified geographical 97
notification area and within the county served by the sheriff or 98
of each other school located within the specified geographical 99
notification area and within the county served by the sheriff and 100
that is not operated by a board of education described in 102
division (A)(3) of this section;
(5) The director, head teacher, or elementary principal, 104
OR SITE ADMINISTRATOR of each preschool program governed by 106
Chapter 3301. of the Revised Code that is located within the 107
specified geographical notification area and within the county 108
served by the sheriff;
(6) The administrator of each child day-care center or 110
type A family day-care home that is located within the specified 112
geographical notification area and within the county served by 113
the sheriff, and the provider of each certified type B family 114
day-care home that is located within the specified geographical 115
notification area and within the county served by the sheriff. 116
As used in this division, "child day-care center," "type A family 117
day-care home," and "certified type B family day-care home" have 118
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of 120
each institution of higher education, as defined in section 122
4
2907.03 of the Revised Code, that is located within the specified 123
geographical notification area and within the county served by
the sheriff, and the chief law enforcement officer of the state 125
university law enforcement agency or campus police department 126
established under section 3345.04 or 1713.50 of the Revised Code, 127
if any, that serves that institution.; 128
(8) The sheriff of each county that includes any portion 130
of the specified geographical notification area.; 131
(9) If the offender resides within the county served by 133
the sheriff, the chief of police, marshal, or other chief law 134
enforcement officer of the municipal corporation in which the 135
offender resides or, if the offender resides in an unincorporated 136
area, the constable or chief of the police department or police 137
district police force of the township in which the offender 138
resides.
(B) The notice required under division (A) of this section 140
shall include all of the following information regarding the 141
subject offender:
(1) The offender's name; 143
(2) The address or addresses at which the offender 145
resides;
(3) The sexually oriented offense of which the offender 147
was convicted or to which the offender pleaded guilty; 148
(4) A statement that the offender has been adjudicated as 150
being a sexual predator and that, as of the date of the notice, 151
the court has not entered a determination that the offender no 152
longer is a sexual predator, or a statement that the sentencing 154
judge has determined that the offender is a habitual sex 155
offender.
(C) If a sheriff with whom an offender registers under 157
section 2950.04 or 2950.05 of the Revised Code is required by 158
division (A) of this section to provide notices regarding an 159
offender and if, pursuant to that requirement, the sheriff 160
provides a notice to a sheriff of one or more other counties in 161
5
accordance with division (A)(8) of this section, the sheriff of 162
each of the other counties who is provided notice under division 163
(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 166
or entity identified within those divisions that is located 167
within the geographical notification area and within the county 168
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this 171
section to provide notices regarding an offender shall provide
the notice to the neighbors that is described in division (A)(1) 172
of this section and the notices to law enforcement personnel that 173
are described in divisions (A)(8) and (9) of this section no 174
later than seventy-two hours after the offender registers with 176
the sheriff or, if the sheriff is required by division (C) to 177
provide the notices, no later than seventy-two hours after the
sheriff is provided the notice described in division (A)(8) of 178
this section.
(2) A sheriff required by division (A) or (C) of this 180
section to provide notices regarding an offender shall provide 181
the notices to all other specified persons that are described in 182
divisions (A)(2) to (7) of this section not later than seven days 183
after the offender registers with the sheriff or, if the sheriff 184
is required by division (C) to provide the notices, no later than 186
seventy-two hours after the sheriff is provided the notice 187
described in division (A)(8) of this section.
(E) All information that a sheriff possesses regarding a 189
sexual predator or a habitual sex offender that is described in 190
division (B) of this section and that must be provided in a 192
notice required under division (A) or (C) of this section is a 193
public record that is open to inspection under section 149.43 of 194
the Revised Code.
(F) The notification provisions of this section do not 196
apply regarding a person who is convicted of or pleads guilty to, 197
or has been convicted of or pleaded guilty to, a sexually 198
6
oriented offense, who has not been adjudicated as being a sexual 199
predator relative to that sexually oriented offense, and who is 200
determined pursuant to division (F) of section 2950.09 of the
Revised Code to be a habitual sex offender unless the sentencing 202
court imposes a requirement in the offender's sentence and in the 203
judgment of conviction that contains the sentence that subjects 204
the offender to the provisions of this section. 205
(G) The department of human services shall compile, 207
maintain, and update in January and July of each year, a list of 208
all agencies, centers, or homes of a type described in division 209
(A)(2) or (6) of this section that contains the name of each 211
agency, center, or home of that type, the county in which it is 212
located, its address and telephone number, and the name of an 213
administrative officer or employee of the agency, center, or 214
home. The department of education shall compile, maintain, and 215
update in January and July of each year, a list of all boards of 217
education, schools, or programs of a type described in division 218
(A)(3), (4), or (5) of this section that contains the name of 219
each board of education, school, or program of that type, the 220
county in which it is located, its address and telephone number, 221
the name of the superintendent of the board or of an 222
administrative officer or employee of the school or program, and, 223
in relation to a board of education, the county or counties in 224
which each of its schools is located and the address of each such 225
school. The Ohio board of regents shall compile, maintain, and 226
update in January and July of each year, a list of all 228
institutions of a type described in division (A)(7) of this 229
section that contains the name of each such institution, the 230
county in which it is located, its address and telephone number, 231
and the name of its president or other chief administrative 232
officer. A sheriff required by division (A) or (C) of this 233
section to provide notices regarding an offender, or a designee 234
of a sheriff of that type, may request the department of human 235
services, department of education, or Ohio board of regents, by 237
7
telephone, in person, or by mail, to provide the sheriff or 238
designee with the names, addresses, and telephone numbers of the 239
appropriate persons and entities to whom the notices described in 240
divisions (A)(2) to (7) of this section are to be provided. Upon 242
receipt of a request, the department or board shall provide the 243
requesting sheriff or designee with the names, addresses, and 244
telephone numbers of the appropriate persons and entities to whom 245
those notices are to be provided. 246
Sec. 3301.50. Except as otherwise provided under division 255
(B) of section 3301.54 of the Revised Code, the issuing of any 256
educator license designated for teaching in a preschool setting 257
pursuant to section 3319.22 of the Revised Code shall not be 258
construed as requiring any person who does not hold such a 259
license to obtain one in order to be employed as a teacher in a 261
pre-kindergarten program except that. HOWEVER, a person hired 262
after July 1, 1988, to direct a preschool program regulated by 263
the state board of education under sections 3301.52 to 3301.57 of 264
the Revised Code, other than a program operated by a 265
nontax-supported eligible nonpublic school, shall hold a valid 266
educator license designated as appropriate for teaching or being 267
an administrator in a preschool setting issued pursuant to
section 3319.22 of the Revised Code plus coursework THE FOUR 268
COURSES required by DIVISION (A)(1) OF section 3301.54 of the 269
Revised Code, UNLESS DIVISION (A)(4) OF THAT SECTION APPLIES TO 271
THE PERSON. 272
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of 281
the Revised Code: 282
(A) "Preschool program" means either of the following: 284
(1) A child day-care program for preschool children that 286
is operated by a school district board of education or, an 287
eligible nonpublic school, A HEAD START GRANTEE, OR A HEAD START 288
DELEGATE AGENCY. 289
(2) A child day-care program for preschool children age 291
three or older that is operated by a county MR/DD board. 292
8
(B) "Preschool child" or "child" means a child who has not 294
entered kindergarten and is not of compulsory school age. 295
(C) "Parent, guardian, or custodian" means the person or 297
government agency that is or will be responsible for a child's 298
school attendance under section 3321.01 of the Revised Code. 299
(D) "Superintendent" means the superintendent of a school 301
district or the chief administrative officer of an eligible 302
nonpublic school. 303
(E) "Director" means the director, head teacher, or 305
elementary principal, OR SITE ADMINISTRATOR who is THE INDIVIDUAL 307
ON SITE AND responsible for supervision of a preschool program. 308
(F) "Preschool staff member" means a preschool employee 310
whose primary responsibility is care, teaching, or supervision of 311
preschool children. 312
(G) "Nonteaching employee" means a preschool program or 314
school child program employee whose primary responsibilities are 315
duties other than care, teaching, and supervision of preschool 316
children or school children. 317
(H) "Eligible nonpublic school" means a nonpublic school 319
chartered as described in division (B)(8) of section 5104.02 of 320
the Revised Code or chartered by the state board of education for 321
any combination of grades one through twelve, regardless of 322
whether it also offers kindergarten. 323
(I) "County MR/DD board" means a county board of mental 325
retardation and developmental disabilities. 326
(J) "School child program" means a child day-care program 328
for only school children that is operated by a school district 329
board of education, county MR/DD board, or eligible nonpublic 330
school. 331
(K) "School child" and "child day-care" have the same 333
meanings as in section 5104.01 of the Revised Code. 334
(L) "School child program staff member" means an employee 336
whose primary responsibility is the care, teaching, or 337
supervision of children in a school child program. 338
9
(M) "HEAD START" MEANS A PROGRAM OPERATED IN ACCORDANCE 340
WITH SUBCHAPTER II OF THE "COMMUNITY ECONOMIC DEVELOPMENT ACT," 342
95 STAT. 489 (1981), 42 U.S.C. 9831, AND AMENDMENTS THERETO. 343
Sec. 3301.53. (A) Not later than July 1, 1988, the state 352
board of education, in consultation with the director of human 353
services, shall formulate and prescribe by rule adopted under 354
Chapter 119. of the Revised Code minimum standards to be applied 355
to preschool programs operated by school district boards of 356
education, county MR/DD boards, and by eligible nonpublic 358
schools, HEAD START GRANTEES, AND HEAD START DELEGATE AGENCIES.
The rules shall include the following: 359
(1) Standards ensuring that the preschool program is 361
located in a safe and convenient facility that accommodates the 362
enrollment of the program, is of the quality to support the 363
growth and development of the children according to the program 364
objectives, and meets the requirements of section 3301.55 of the 365
Revised Code; 366
(2) Standards ensuring that supervision, discipline, and 368
programs will be administered according to established objectives 369
and procedures; 370
(3) Standards ensuring that preschool staff members and 372
nonteaching employees are recruited, employed, assigned, 373
evaluated, and provided inservice education without 374
discrimination on the basis of age, color, national origin, race, 375
or sex; and that preschool staff members and nonteaching 376
employees are assigned responsibilities in accordance with 377
written position descriptions commensurate with their training 378
and experience; 379
(4) A requirement that boards of education intending to 381
establish a preschool program on or after March 17, 1989, 382
demonstrate a need for a preschool program that is not being met 383
by any existing program providing child day-care, prior to 384
establishing the program; 385
(5) Requirements that children participating in preschool 387
10
programs have been immunized to the extent considered appropriate 388
by the state board to prevent the spread of communicable disease; 389
(6) Requirements that the parents of preschool children 391
complete the emergency medical authorization form specified in 392
section 3313.712 of the Revised Code. 393
(B) The state board of education in consultation with the 395
director of human services shall ensure that the rules adopted by 396
the state board under sections 3301.52 to 3301.58 of the Revised 397
Code are consistent with and meet or exceed the requirements of 398
Chapter 5104. of the Revised Code with regard to child day-care 399
centers. The state board and the director of human services 400
shall review all such rules at least once every five years. 401
(C) On or before January 1, 1992, the state board of 403
education, in consultation with the department of human services, 404
shall adopt rules for school child programs that are consistent 405
with and meet or exceed the requirements of the rules adopted for 406
school child day-care centers under Chapter 5104. of the Revised 407
Code. 408
Sec. 3301.54. (A)(1) Each preschool program shall be 417
directed and supervised by a director, a head teacher, or an 418
elementary principal, OR A SITE ADMINISTRATOR WHO IS ON SITE AND 419
RESPONSIBLE FOR SUPERVISION OF THE PROGRAM. Except as otherwise 420
provided in this division (A)(2), (3), OR (4) OF THIS SECTION, 422
this person shall hold a valid educator license designated as 423
appropriate for teaching or being an administrator in a preschool 425
setting issued pursuant to section 3319.22 of the Revised Code 426
and have completed at least four courses in child development or 427
early childhood education from an accredited college, university, 428
or technical college. If 429
(2) IF the person was employed prior to July 1, 1988, by a 431
school district board of education or an eligible nonpublic 432
school to direct a preschool program, the person shall be 433
considered to meet the requirements of this section if the person 434
holds a valid kindergarten-primary certificate described under 435
11
former division (A) of section 3319.22 of the Revised Code as it 436
existed on January 1, 1996. If 437
(3) IF the person is employed to direct a preschool 440
program operated by an eligible, nontax-supported, nonpublic 441
school, the person shall be considered to meet the requirements 442
of this section if the person holds a valid teaching certificate 443
issued in accordance with section 3301.071 of the Revised Code. 444
(4) IF THE PERSON IS A SITE ADMINISTRATOR FOR A HEAD START 447
GRANTEE OR HEAD START DELEGATE AGENCY, THE PERSON SHALL BE
CONSIDERED TO MEET THE REQUIREMENTS OF THIS SECTION IF THE PERSON 448
PROVIDES EVIDENCE THAT THE PERSON HAS ATTAINED AT LEAST A HIGH 449
SCHOOL DIPLOMA OR CERTIFICATION OF HIGH SCHOOL EQUIVALENCY ISSUED 450
BY THE STATE BOARD OF EDUCATION OR A COMPARABLE AGENCY OF ANOTHER 451
STATE, AND THAT THE PERSON MEETS AT LEAST ONE OF THE FOLLOWING 452
REQUIREMENTS:
(a) TWO YEARS OF EXPERIENCE WORKING AS A CHILD-CARE STAFF 454
MEMBER IN A CHILD DAY-CARE CENTER OR PRESCHOOL PROGRAM AND AT 456
LEAST FOUR COURSES IN CHILD DEVELOPMENT OR EARLY CHILDHOOD 458
EDUCATION FROM AN ACCREDITED COLLEGE, UNIVERSITY, OR TECHNICAL 459
COLLEGE, EXCEPT THAT A PERSON WHO HAS TWO YEARS OF EXPERIENCE 460
WORKING AS A CHILD-CARE STAFF MEMBER IN A PARTICULAR DAY-CARE
CENTER OR PRESCHOOL PROGRAM AND WHO HAS BEEN PROMOTED TO OR 462
DESIGNATED DIRECTOR SHALL HAVE ONE YEAR FROM THE TIME THE PERSON 463
WAS PROMOTED OR DESIGNATED TO COMPLETE THE REQUIRED FOUR COURSES; 464
(b) TWO YEARS OF TRAINING IN AN ACCREDITED COLLEGE, 466
UNIVERSITY, OR TECHNICAL COLLEGE THAT INCLUDES AT LEAST FOUR 467
COURSES IN CHILD DEVELOPMENT OR EARLY CHILDHOOD EDUCATION; 468
(c) A CHILD DEVELOPMENT ASSOCIATE CREDENTIAL ISSUED BY THE 470
NATIONAL CHILD DEVELOPMENT ASSOCIATE CREDENTIALING COMMISSION; 471
(d) AN ASSOCIATE OR HIGHER DEGREE IN CHILD DEVELOPMENT OR 473
EARLY CHILDHOOD EDUCATION FROM AN ACCREDITED COLLEGE, UNIVERSITY, 474
OR TECHNICAL COLLEGE. 475
(B) Each preschool staff member shall be at least eighteen 478
years of age and have a high school diploma or a certification of 479
12
high school equivalency issued by the state board of education or 480
a comparable agency of another state, except that a staff member 481
may be less than eighteen years of age if the staff member is a 483
graduate of a two-year vocational child-care training program 484
approved by the state board of education, or is a student 485
enrolled in the second year of such a program that leads to high 486
school graduation, provided that the student performs duties in 487
the preschool program under the continuous supervision of an 488
experienced preschool staff member and receives periodic 489
supervision from the vocational child-care training program 490
teacher-coordinator in the student's high school. 491
A preschool staff member shall annually complete fifteen 493
hours of inservice training in child development or early 494
childhood education, child abuse recognition and prevention, and 495
first aid, and in the prevention, recognition, and management of 496
communicable diseases, until a total of forty-five hours has been 497
completed, unless the staff member holds an associate or higher 499
degree in child development or early childhood education from an 500
accredited college, university, or technical college, or any type 501
of educator license designated as appropriate for teaching in an 503
associate teaching position in a preschool setting issued by the 504
state board of education pursuant to section 3319.22 of the 505
Revised Code.
Sec. 3301.541. (A)(1) The director, head teacher, or 514
elementary principal, OR SITE ADMINISTRATOR of a preschool 515
program shall request the superintendent of the bureau of 517
criminal identification and investigation to conduct a criminal 518
records check with respect to any applicant who has applied to 519
the preschool program for employment as a person responsible for 520
the care, custody, or control of a child. If the applicant does 521
not present proof that the applicant has been a resident of this 522
state for the five-year period immediately prior to the date upon 523
which the criminal records check is requested or does not provide 524
evidence that within that five-year period the superintendent has 525
13
requested information about the applicant from the federal bureau 526
of investigation in a criminal records check, the director, head 527
teacher, or elementary principal shall request that the 528
superintendent obtain information from the federal bureau of 529
investigation as a part of the criminal records check for the 530
applicant. If the applicant presents proof that the applicant 531
has been a resident of this state for that five-year period, the 532
director, head teacher, or elementary principal may request that 533
the superintendent include information from the federal bureau of 534
investigation in the criminal records check. 535
(2) Any director, head teacher, or elementary principal, 537
OR SITE ADMINISTRATOR required by division (A)(1) of this section 539
to request a criminal records check shall provide to each 540
applicant a copy of the form prescribed pursuant to division 541
(C)(1) of section 109.572 of the Revised Code, provide to each 542
applicant a standard impression sheet to obtain fingerprint 543
impressions prescribed pursuant to division (C)(2) of section 544
109.572 of the Revised Code, obtain the completed form and 545
impression sheet from each applicant, and forward the completed 546
form and impression sheet to the superintendent of the bureau of 547
criminal identification and investigation at the time the person 548
requests a criminal records check pursuant to division (A)(1) of 549
this section.
(3) Any applicant who receives pursuant to division (A)(2) 551
of this section a copy of the form prescribed pursuant to 552
division (C)(1) of section 109.572 of the Revised Code and a copy 553
of an impression sheet prescribed pursuant to division (C)(2) of 554
that section and who is requested to complete the form and 555
provide a set of fingerprint impressions shall complete the form 556
or provide all the information necessary to complete the form and 557
provide the impression sheet with the impressions of the 558
applicant's fingerprints. If an applicant, upon request, fails 559
to provide the information necessary to complete the form or 560
fails to provide impressions of the applicant's fingerprints, the 561
14
preschool program shall not employ that applicant for any 562
position for which a criminal records check is required by 563
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the 565
department of education in accordance with division (E) of this 566
section, no preschool program shall employ a person as a person 567
responsible for the care, custody, or control of a child if the 568
person previously has been convicted of or pleaded guilty to any 569
of the following: 570
(a) A violation of section 2903.01, 2903.02, 2903.03, 572
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 573
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 575
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 576
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 577
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 578
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 579
2925.06, or 3716.11 of the Revised Code, a violation of section 580
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 581
have been a violation of section 2905.04 of the Revised Code as 582
it existed prior to July 1, 1996, had the violation occurred 583
prior to that date,, a violation of section 2925.11 of the 584
Revised Code that is not a minor drug possession offense, or 585
felonious sexual penetration in violation of former section 586
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 588
state, any other state, or the United States that is 589
substantially equivalent to any of the offenses or violations 590
described in division (B)(1)(a) of this section. 591
(2) A preschool program may employ an applicant 593
conditionally until the criminal records check required by this 594
section is completed and the preschool program receives the 595
results of the criminal records check. If the results of the 596
criminal records check indicate that, pursuant to division (B)(1) 597
15
of this section, the applicant does not qualify for employment, 598
the preschool program shall release the applicant from 599
employment. 600
(C)(1) Each preschool program shall pay to the bureau of 602
criminal identification and investigation the fee prescribed 603
pursuant to division (C)(3) of section 109.572 of the Revised 604
Code for each criminal records check conducted in accordance with 605
that section upon the request pursuant to division (A)(1) of this 606
section of the director, head teacher, or elementary principal, 607
OR SITE ADMINISTRATOR of the preschool program. 609
(2) A preschool program may charge an applicant a fee for 611
the costs it incurs in obtaining a criminal records check under 612
this section. A fee charged under this division shall not exceed 613
the amount of fees the preschool program pays under division 614
(C)(1) of this section. If a fee is charged under this division, 615
the preschool program shall notify the applicant at the time of 616
the applicant's initial application for employment of the amount 617
of the fee and that, unless the fee is paid, the applicant will 618
not be considered for employment. 619
(D) The report of any criminal records check conducted by 621
the bureau of criminal identification and investigation in 622
accordance with section 109.572 of the Revised Code and pursuant 623
to a request under division (A)(1) of this section is not a 624
public record for the purposes of section 149.43 of the Revised 625
Code and shall not be made available to any person other than the 626
applicant who is the subject of the criminal records check or the 628
applicant's representative, the preschool program requesting the
criminal records check or its representative, and any court, 629
hearing officer, or other necessary individual in a case dealing 630
with the denial of employment to the applicant. 631
(E) The department of education shall adopt rules pursuant 633
to Chapter 119. of the Revised Code to implement this section, 634
including rules specifying circumstances under which a preschool 635
program may hire a person who has been convicted of an offense 636
16
listed in division (B)(1) of this section but who meets standards 637
in regard to rehabilitation set by the department. 638
(F) Any person required by division (A)(1) of this section 640
to request a criminal records check shall inform each person, at 641
the time of the person's initial application for employment, that 642
the person is required to provide a set of impressions of the 643
person's fingerprints and that a criminal records check is 644
required to be conducted and satisfactorily completed in 645
accordance with section 109.572 of the Revised Code if the person 646
comes under final consideration for appointment or employment as 647
a precondition to employment for that position. 648
(G) As used in this section: 650
(1) "Applicant" means a person who is under final 652
consideration for appointment or employment in a position with a 653
preschool program as a person responsible for the care, custody, 654
or control of a child, except that "applicant" does not include a 655
person already employed by a board of education or chartered 656
nonpublic school in a position of care, custody, or control of a 657
child who is under consideration for a different position with 658
such board or school.
(2) "Criminal records check" has the same meaning as in 660
section 109.572 of the Revised Code. 661
(3) "Minor drug possession offense" has the same meaning 663
as in section 2925.01 of the Revised Code. 664
(H) If the board of education of a local school district 666
adopts a resolution requesting the assistance of the educational 667
service center in which the local district has territory in 668
conducting criminal records checks of substitute teachers under 669
this section, the appointing or hiring officer of such
educational service center governing board shall serve for 670
purposes of this section as the appointing or hiring officer of 671
the local board in the case of hiring substitute teachers for 672
employment in the local district.
Sec. 3301.55. (A) A school district, county MR/DD board, 681
17
or eligible nonpublic school, HEAD START GRANTEE, OR HEAD START 683
DELEGATE AGENCY operating a preschool program shall house the 684
program in buildings that meet the following requirements: 685
(1) The building is operated by the district, county MR/DD 687
board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD 689
START DELEGATE AGENCY and has been approved by the division of 690
industrial compliance in the department of commerce or a 691
certified municipal, township, or county building department for 692
the purpose of operating a program for preschool children. Any 693
such structure shall be constructed, equipped, repaired, altered, 694
and maintained in accordance with applicable provisions of 695
Chapters 3781. and 3791. and with rules adopted by the board of 696
building standards under Chapter 3781. of the Revised Code for 697
the safety and sanitation of structures erected for this purpose. 698
(2) The building is in compliance with fire and safety 700
laws and regulations as evidenced by reports of annual school 701
fire and safety inspections as conducted by appropriate local 702
authorities. 703
(3) The school is in compliance with rules established by 705
the state board of education regarding school food services. 706
(4) The facility includes not less than thirty-five square 708
feet of indoor space for each child in the program. Safe play 709
space, including both indoor and outdoor play space, totaling not 710
less than sixty square feet for each child using the space at any 711
one time, shall be regularly available and scheduled for use. 712
(5) First aid facilities and space for temporary placement 714
or isolation of injured or ill children are provided. 715
(B) Each school district, county MR/DD board, or eligible 717
nonpublic school, HEAD START GRANTEE, OR HEAD START DELEGATE 718
AGENCY that operates, or proposes to operate, a preschool program 720
shall submit a building plan including all information specified 721
by the state board of education to the board not later than the 722
first day of September of the school year in which the program is 723
to be initiated. The board shall determine whether the buildings 724
18
meet the requirements of this section and section 3301.53 of the 725
Revised Code, and notify the superintendent of its determination. 726
If the board determines, on the basis of the building plan or any 727
other information, that the buildings do not meet those 728
requirements, it shall cause the buildings to be inspected by the 729
department of education. The department shall make a report to 730
the superintendent specifying any aspects of the building that 731
are not in compliance with the requirements of this section and 732
section 3301.53 of the Revised Code and the time period that will 733
be allowed the district, county MR/DD board, or school, GRANTEE, 734
OR AGENCY to meet the requirements. 735
Sec. 3301.57. (A) For the purpose of improving programs, 744
facilities, and implementation of the standards promulgated by 745
the state board of education under section 3301.53 of the Revised 746
Code, the state department of education shall provide 747
consultation and technical assistance to school districts, county 748
MR/DD boards, and eligible nonpublic schools, HEAD START 750
GRANTEES, AND HEAD START DELEGATE AGENCIES operating preschool 751
programs or school child programs, and inservice training to 752
preschool staff members, school child program staff members, and 753
nonteaching employees. 754
(B) The department and the school district board of 756
education, county MR/DD board, or eligible nonpublic school, HEAD 758
START GRANTEE, OR HEAD START DELEGATE AGENCY shall jointly 759
monitor each preschool program and each school child program. 760
If the program receives any grant or other funding from the 762
state or federal government, the department annually shall 763
monitor all reports on attendance, financial support, and 764
expenditures according to provisions for use of the funds. 765
(C) The department of human services and the department of 767
education shall enter into a contract pursuant to which the 768
department of education inspects preschool programs and school 769
child programs in accordance with sections 3301.52 to 3301.59 of 770
the Revised Code, the rules adopted under those sections, and any 771
19
applicable procedures in Chapter 5104. of the Revised Code and 772
investigates any complaints filed pursuant to those sections or 773
rules. The contract shall require the department of human 774
services to pay the department of education for conducting the 775
inspections and investigations an amount equal to the amount that 776
the department of human services would expend conducting the same 777
number of inspections and investigations with its employees under 778
Chapter 5104. of the Revised Code. 779
(D) The department of education, at least twice during 781
every twelve-month period of operation of a preschool program or 782
a licensed school child program, shall inspect the program and 783
provide a written inspection report to the superintendent of the 784
school district, county MR/DD board, or eligible nonpublic 786
school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY. At
least one inspection shall be unannounced and all inspections may 788
be unannounced. No person shall interfere with any inspection 789
conducted pursuant to this division or to the rules adopted 790
pursuant to sections 3301.52 to 3301.59 of the Revised Code. 791
Upon receipt of any complaint that a preschool program or a 793
licensed school child program is out of compliance with the 794
requirements in sections 3301.52 to 3301.59 of the Revised Code 795
or the rules adopted under those sections, the department shall 796
investigate and may inspect the program. 797
(E) If a preschool program or a licensed school child 799
program is determined to be out of compliance with the 800
requirements of sections 3301.52 to 3301.59 of the Revised Code 801
or the rules adopted under those sections, the department of 802
education shall notify the appropriate superintendent, county 803
MR/DD board, or eligible nonpublic school, HEAD START GRANTEE, OR 805
HEAD START DELEGATE AGENCY in writing regarding the nature of the 806
violation, what must be done to correct the violation, and by 807
what date the correction must be made. If the correction is not 808
made by the date established by the department, it may commence 809
action under Chapter 119. of the Revised Code to close the 810
20
program or to revoke the license of the program. If a program 811
does not comply with an order to cease operation issued in 812
accordance with Chapter 119. of the Revised Code, the department 813
shall notify the attorney general, the prosecuting attorney of 814
the county in which the program is located, or the city attorney, 815
village solicitor, or other chief legal officer of the municipal 816
corporation in which the program is located that the program is 817
operating in violation of sections 3301.52 to 3301.59 of the 818
Revised Code or the rules adopted under those sections and in 819
violation of an order to cease operation issued in accordance 820
with Chapter 119. of the Revised Code. Upon receipt of the 821
notification, the attorney general, prosecuting attorney, city 822
attorney, village solicitor, or other chief legal officer shall 823
file a complaint in the court of common pleas OF THE COUNTY in 824
which the program is located requesting the court to issue an 825
order enjoining the program from operating. The court shall 826
grant the requested injunctive relief upon a showing that the 827
program named in the complaint is operating in violation of 828
sections 3301.52 to 3301.59 of the Revised Code or the rules 829
adopted under those sections and in violation of an order to 830
cease operation issued in accordance with Chapter 119. of the 831
Revised Code. 832
(F) THE DEPARTMENT OF EDUCATION SHALL PREPARE AN ANNUAL 835
REPORT ON INSPECTIONS CONDUCTED UNDER THIS SECTION. THE REPORT
SHALL INCLUDE THE NUMBER OF INSPECTIONS CONDUCTED, THE NUMBER AND 836
TYPES OF VIOLATIONS FOUND, AND THE STEPS TAKEN TO ADDRESS THE 838
VIOLATIONS. THE DEPARTMENT SHALL FILE THE REPORT WITH THE 839
GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND 840
THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR, BEGINNING IN 842
1999.
Sec. 3301.58. (A) The department of education is 851
responsible for the licensing of preschool programs and school 852
child programs and for the enforcement of sections 3301.52 to 853
21
3301.59 of the Revised Code and of any rules adopted under those 854
sections. No school district board of education, county MR/DD 855
board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD 857
START DELEGATE AGENCY shall operate, establish, manage, conduct, 858
or maintain a preschool program without a license issued under 859
this section. A school district board of education, county MR/DD 860
board, or eligible nonpublic school may obtain a license under 861
this section for a school child program. The school district 862
board of education, county MR/DD board, or eligible nonpublic 863
school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY shall 864
post the current license for each preschool program and licensed 866
school child program it operates, establishes, manages, conducts, 867
or maintains in a conspicuous place in the preschool program or 868
licensed school child program that is accessible to parents, 869
custodians, or guardians and employees and staff members of the 870
program at all times when the program is in operation. 871
(B) Any school district board of education, county MR/DD 873
board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD 875
START DELEGATE AGENCY that desires to operate, establish, manage, 876
conduct, or maintain a preschool program or to obtain a license 877
for a school child program shall apply to the department of 878
education for a license on a form that the department shall 879
prescribe by rule. ANY SCHOOL DISTRICT BOARD OF EDUCATION, 880
COUNTY MR/DD BOARD, OR ELIGIBLE NONPUBLIC SCHOOL THAT DESIRES TO 882
OBTAIN A LICENSE FOR A SCHOOL CHILD PROGRAM SHALL APPLY TO THE
DEPARTMENT FOR A LICENSE ON A FORM THAT THE DEPARTMENT SHALL 883
PRESCRIBE BY RULE. The department shall provide at no charge to 885
each applicant for a license under this section a copy of the 886
requirements under sections 3301.52 to 3301.59 of the Revised 887
Code and any rules adopted under those sections. The department 888
shall mail application forms for the renewal of a license at 889
least one hundred twenty days prior to the date of the expiration 890
of the license, and the application for renewal of a license 891
shall be filed with the department at least sixty days before the 892
22
date of the expiration of the existing license. The department 893
may establish application fees by rule adopted under Chapter 119. 894
of the Revised Code, and all applicants for a license shall pay 895
any fee established by the department at the time of making an 896
application for a license. All fees collected pursuant to this 897
section shall be paid into the state treasury to the credit of 898
the general revenue fund.
(C) Upon the filing of an application for a license, the 900
department of education shall investigate and inspect the 901
preschool program or school child program to determine the 902
license capacity for each age category of children of the program 903
and to determine whether the program complies with sections 904
3301.52 to 3301.59 of the Revised Code and any rules adopted 905
under those sections. When, after investigation and inspection, 906
the department of education is satisfied that sections 3301.52 to 907
3301.59 of the Revised Code and any rules adopted under those 908
sections are complied with by the applicant, the department of 909
education shall issue the program a provisional license as soon 910
as practicable in the form and manner prescribed by the rules of 911
the department. The provisional license shall be valid for six 912
months from the date of issuance unless revoked. 913
(D) The department of education shall investigate and 915
inspect a preschool program or school child program that has been 916
issued a provisional license at least once during operation under 917
the provisional license. If, after the investigation and 918
inspection, the department of education determines that the 919
requirements of sections 3301.52 to 3301.59 of the Revised Code 920
and any rules adopted under those sections are met by the 921
provisional licensee, the department of education shall issue a 922
license that is effective for two years from the date of the 923
issuance of the provisional license. 924
(E) Upon the filing of an application for the renewal of a 926
license by a preschool program or school child program, the 927
department of education shall investigate and inspect the 928
23
preschool program or school child program. If the department of 929
education determines that the requirements of sections 3301.52 to 930
3301.59 of the Revised Code and any rules adopted under those 931
sections are met by the applicant, the department of education 932
shall renew the license for two years from the date of the 933
expiration date of the previous license. 934
(F) The license or provisional license shall state the 936
name of the school district board of education, county MR/DD 937
board, or eligible nonpublic school, HEAD START GRANTEE, OR HEAD 939
START DELEGATE AGENCY that operates the preschool program or 940
school child program and the license capacity of the program. 941
The license shall include any other information required by 942
section 5104.03 of the Revised Code for the license of a child 943
day-care center.
(G) The department of education may revoke the license of 945
any preschool program or school child program that is not in 946
compliance with the requirements of sections 3301.52 to 3301.59 947
of the Revised Code and any rules adopted under those sections. 948
(H) If the department of education revokes a license or 950
refuses to renew a license to a program, the department shall not 951
issue a license to the program within two years from the date of 952
the revocation or refusal. All actions of the department with 953
respect to licensing preschool programs and school child programs 954
shall be in accordance with Chapter 119. of the Revised Code. 955
Sec. 3301.581. EACH HEAD START GRANTEE, HEAD START 957
DELEGATE AGENCY, AND ELIGIBLE NONPUBLIC SCHOOL OPERATING A HEAD 958
START PROGRAM SHALL BE LICENSED BY THE DEPARTMENT OF EDUCATION AS 959
A PRESCHOOL PROGRAM UNDER SECTIONS 3301.52 TO 3301.59 OF THE 960
REVISED CODE, AND DOES NOT HAVE THE OPTION OF BEING LICENSED BY 962
THE DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5104. OF THE 964
REVISED CODE. BEFORE THE EXPIRATION OF ANY GRANTEE'S, AGENCY'S, 965
OR SCHOOL'S LICENSE UNDER THAT CHAPTER, OR WITHIN SIX MONTHS 966
AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS EARLIER, 967
THE AGENCY OR SCHOOL SHALL APPLY FOR A LICENSE FOR A PRESCHOOL 968
24
PROGRAM UNDER SECTION 3301.58 OF THE REVISED CODE. 969
NOTWITHSTANDING DIVISION (C) OF SECTION 3301.58 OF THE REVISED 972
CODE, A GRANTEE, AGENCY, OR SCHOOL APPLYING FOR A LICENSE FOR A 973
HEAD START PROGRAM DURING THE SIX MONTHS FOLLOWING THE EFFECTIVE 974
DATE OF THIS SECTION NEED NOT FIRST OBTAIN A PROVISIONAL LICENSE
UNDER THAT DIVISION. 975
Sec. 3313.61. (A) A diploma shall be granted by the board 983
of education of any city, exempted village, or local school 984
district that operates a high school to any person to whom all of 985
the following apply: 986
(1) The person has successfully completed the curriculum 988
in any high school or the individualized education program 989
developed for the person by any high school pursuant to section 990
3323.08 of the Revised Code; 991
(2) The person has attained at least the applicable scores 993
designated under division (B) of section 3301.0710 of the Revised 994
Code on all the tests required by that division unless the person 995
was excused from taking any such test pursuant to division (C)(1) 996
of section 3301.0711 or section 3313.532 of the Revised Code or 997
unless division (H) of this section applies to the person; 998
(3) The person is not eligible to receive an honors 1,000
diploma granted pursuant to division (B) of this section. 1,001
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF 1,004
THIS SECTION, NO diploma shall be granted under this division to 1,005
anyone except as provided under this division. 1,006
(B) In lieu of a diploma granted under division (A) of 1,008
this section, an honors diploma shall be granted, in accordance 1,009
with rules of the state board of education, by any such district 1,010
board to anyone who successfully completes the curriculum in any 1,011
high school or the individualized education program developed for 1,012
the person by any high school pursuant to section 3323.08 of the 1,013
Revised Code, who has attained at least the applicable scores 1,014
designated under division (B) of section 3301.0710 of the Revised 1,015
Code on all the tests required by that division, and who has met 1,016
25
additional criteria established by the state board for the 1,017
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION 1,019
(J) OF THIS SECTION, NO honors diploma shall be granted to anyone 1,020
failing to comply with this division and no more than one honors 1,021
diploma shall be granted to any student under this division. 1,022
The state board shall adopt rules prescribing the granting 1,024
of honors diplomas under this division. These rules may 1,025
prescribe the granting of honors diplomas that recognize a 1,026
student's achievement as a whole or that recognize a student's 1,027
achievement in one or more specific subjects or both. In any 1,028
case, the rules shall designate two or more criteria for the 1,029
granting of each type of honors diploma the board establishes 1,030
under this division and the number of such criteria that must be 1,031
met for the granting of that type of diploma. The number of such 1,032
criteria for any type of honors diploma shall be at least one 1,033
less than the total number of criteria designated for that type 1,034
and no one or more particular criteria shall be required of all 1,035
persons who are to be granted that type of diploma. 1,036
(C) Any such district board administering any of the tests 1,038
required by section 3301.0710 of the Revised Code to any person 1,039
requesting to take such test pursuant to division (B)(4)(b) of 1,040
section 3301.0711 of the Revised Code shall award a diploma to 1,041
such person if he THE PERSON attains at least the applicable 1,042
scores designated under division (B) of section 3301.0710 of the 1,044
Revised Code on all the tests administered and if he THE PERSON 1,045
has previously attained the applicable scores on all the other 1,047
tests required by division (B) of that section or has been 1,048
exempted or excused from any such test pursuant to division (H) 1,049
of this section or division (C)(1) of section 3301.0711 or 1,050
section 3313.532 of the Revised Code. 1,051
(D) Each diploma awarded under this section shall be 1,053
signed by the president and treasurer of the issuing board, the 1,054
superintendent of schools, and the principal of the high school. 1,055
Each diploma shall bear the date of its issue, be in such form as 1,056
26
the district board prescribes, and be paid for out of the 1,057
district's general fund. 1,058
(E) A person who is a resident of Ohio and is eligible 1,060
under state board of education minimum standards to receive a 1,061
high school diploma based in whole or in part on credits earned 1,062
while an inmate of a correctional institution operated by the 1,063
state or any political subdivision thereof, shall be granted such 1,064
diploma by the correctional institution operating the programs in 1,065
which such credits were earned, and by the board of education of 1,066
the school district in which the inmate resided immediately prior 1,067
to his THE INMATE'S placement in the institution. The diploma 1,068
granted by the correctional institution shall be signed by the 1,070
director of the institution, and by the person serving as 1,071
principal of the institution's high school and shall bear the 1,072
date of issue.
(F) Persons who are not residents of Ohio but who are 1,074
inmates of correctional institutions operated by the state or any 1,075
political subdivision thereof, and who are eligible under state 1,076
board of education minimum standards to receive a high school 1,077
diploma based in whole or in part on credits earned while an 1,078
inmate of the correctional institution, shall be granted a 1,079
diploma by the correctional institution offering the program in 1,080
which the credits were earned. The diploma granted by the 1,081
correctional institution shall be signed by the director of the 1,082
institution and by the person serving as principal of the 1,083
institution's high school and shall bear the date of issue. 1,084
(G) The state board of education shall provide by rule for 1,086
the administration of the tests required by section 3301.0710 of 1,087
the Revised Code to inmates of correctional institutions. 1,088
(H) Any person to whom all of the following apply shall be 1,090
exempted from attaining the applicable score on the test in 1,091
citizenship designated under division (B) of section 3301.0710 of 1,092
the Revised Code: 1,093
(1) The person is not a citizen of the United States; 1,095
27
(2) The person is not a permanent resident of the United 1,097
States; 1,098
(3) The person indicates he does not intend NO INTENTION 1,100
to reside in the United States after the completion of high 1,101
school.
(I) Notwithstanding division (D) of section 3311.19 and 1,103
division (D) of section 3311.52 of the Revised Code, this section 1,104
and section 3311.611 of the Revised Code do not apply to the 1,105
board of education of any joint vocational school district or any 1,106
cooperative education school district established pursuant to 1,107
divisions (A) to (C) of section 3311.52 of the Revised Code. 1,108
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 1,111
3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA 1,112
UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE 1,113
MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE 1,114
STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA 1,115
IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE 1,116
DISTRICT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE 1,118
SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION
3325.08 OF THE REVISED CODE. 1,119
(K) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1,122
1998. 1,123
Sec. 3325.08. (A) A diploma shall be granted by the 1,132
superintendent of the state school for the blind and the 1,133
superintendent of the state school for the deaf to any student 1,134
enrolled in one of these state schools to whom all of the 1,135
following apply: 1,136
(1) The student has successfully completed the 1,138
individualized education program developed for him THE STUDENT 1,139
for his THE STUDENT'S high school education pursuant to section 1,140
3323.08 of the Revised Code; 1,141
(2) The student has attained at least the applicable 1,143
scores designated under division (B) of section 3301.0710 of the 1,144
28
Revised Code on all the tests prescribed by that division unless 1,145
the student was excused from taking any such test pursuant to 1,146
division (L)(3) of section 3301.0711 of the Revised Code; 1,147
(3) The student is not eligible to receive an honors 1,149
diploma granted pursuant to division (B) of this section. 1,150
No diploma shall be granted under this division to anyone 1,152
except as provided under this division. 1,153
(B) In lieu of a diploma granted under division (A) of 1,155
this section, the superintendent of the state school for the 1,156
blind and the superintendent of the state school for the deaf 1,157
shall grant an honors diploma, in the same manner that the boards 1,158
of education of school districts grant such diplomas under 1,159
division (B) of section 3313.61 of the Revised Code, to any 1,160
student enrolled in one of these state schools who successfully 1,161
completes the individualized education program developed for him 1,162
THE STUDENT for his THE STUDENT'S high school education pursuant 1,164
to section 3323.08 of the Revised Code, who has attained at least
the applicable scores designated under division (B) of section 1,166
3301.0710 of the Revised Code on all the tests prescribed under 1,167
that division, and who has met additional criteria for granting 1,168
such a diploma. These additional criteria shall be the same as 1,169
those prescribed by the state board under division (B) of section 1,170
3313.61 of the Revised Code for the granting of such diplomas by 1,171
school districts. No honors diploma shall be granted to anyone 1,172
failing to comply with this division and not more than one honors 1,173
diploma shall be granted to any student under this division. 1,174
(C) A diploma or honors diploma awarded under this section 1,176
shall be signed by the superintendent of public instruction and 1,177
the superintendent of the state school for the blind or the 1,178
superintendent of the state school for the deaf, as applicable. 1,179
Each diploma shall bear the date of its issue and be in such form 1,180
as the school superintendent prescribes. 1,181
(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS 1,183
SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE 1,184
29
STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE 1,185
DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE 1,186
THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 1,187
3313.65 OF THE REVISED CODE WHEN NOT RESIDING AT THE STATE SCHOOL 1,188
FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL
INDICATE THE TYPE OF DIPLOMA GRANTED. 1,189
Sec. 5104.02. (A) The director of human services is 1,198
responsible for the licensing of child day-care centers and type 1,199
A family day-care homes, and for the enforcement of this chapter 1,200
and of rules promulgated pursuant to this chapter. No person, 1,201
firm, organization, institution, or agency shall operate, 1,202
establish, manage, conduct, or maintain a child day-care center 1,203
or type A family day-care home without a license issued under 1,204
section 5104.03 of the Revised Code. The current license shall 1,205
be posted in a conspicuous place in the center or type A home 1,206
that is accessible to parents, custodians, or guardians and 1,207
employees of the center or type A home at all times when the 1,208
center or type A home is in operation. 1,209
(B) A person, firm, institution, organization, or agency 1,211
operating any of the following programs is exempt from the 1,212
provisions of this chapter: 1,213
(1) A program of child day-care that operates for two or 1,215
less consecutive weeks; 1,216
(2) Child day-care in places of worship during religious 1,218
activities during which children are cared for while at least one 1,219
parent, guardian, or custodian of each child is participating in 1,220
such activities and is readily available; 1,221
(3) Religious activities which do not provide child 1,223
day-care; 1,224
(4) Supervised training, instruction, or activities of 1,226
children in specific areas, including, but not limited to: art; 1,227
drama; dance; music; gymnastics, swimming, or another athletic 1,228
skill or sport; computers; or an educational subject conducted on 1,229
an organized or periodic basis no more than one day a week and 1,230
30
for no more than six hours duration; 1,231
(5) Programs in which the director determines that at 1,233
least one parent, custodian, or guardian of each child is on the 1,234
premises of the facility offering child day-care and is readily 1,235
accessible at all times, except that child day-care provided on 1,236
the premises at which a parent, custodian, or guardian is 1,237
employed more than two and one-half hours a day shall be licensed 1,238
in accordance with division (A) of this section; 1,240
(6)(a) Programs that provide child day-care funded and 1,242
regulated or operated and regulated by state departments other 1,243
than the department of human services or the state board of 1,244
education when the director of human services has determined that 1,245
the rules governing the program are equivalent to or exceed the 1,246
rules promulgated pursuant to this chapter. 1,247
Notwithstanding any exemption from regulation under this 1,249
chapter, each state department shall submit to the director of 1,250
human services a copy of the rules that govern programs that 1,251
provide child day-care and are regulated or operated and 1,252
regulated by the department. Annually, each state department 1,253
shall submit to the director a report for each such program it 1,254
regulates or operates and regulates that includes the following 1,255
information: 1,256
(i) The site location of the program; 1,258
(ii) The maximum number of infants, toddlers, preschool 1,260
children, or school children served by the program at one time; 1,261
(iii) The number of adults providing child day-care for 1,263
the number of infants, toddlers, preschool children, or school 1,264
children; 1,265
(iv) Any changes in the rules made subsequent to the time 1,267
when the rules were initially submitted to the director. 1,268
The director shall maintain a record of the child day-care 1,270
information submitted by other state departments and shall 1,271
provide this information upon request to the general assembly or 1,272
the public. 1,273
31
(b) Child day-care programs conducted by boards of 1,275
education or by chartered nonpublic schools that are conducted in 1,276
school buildings and that provide child day-care to school 1,277
children only shall be exempt from meeting or exceeding rules 1,278
promulgated pursuant to this chapter. 1,279
(7) Any preschool program or school child program that is 1,281
subject to licensure by the department of education under 1,282
sections 3301.52 to 3301.59 of the Revised Code. 1,283
(8) Any program providing child day-care that meets all of 1,285
the following requirements and, on October 20, 1987, was being 1,286
operated by a nonpublic school that holds a charter issued by the 1,287
state board of education for kindergarten only: 1,288
(a) The nonpublic school has given the notice to the state 1,290
board and the director of human services required by Section 4 of 1,291
Substitute House Bill No. 253 of the 117th general assembly; 1,292
(b) The nonpublic school continues to be chartered by the 1,294
state board for kindergarten, or receives and continues to hold a 1,295
charter from the state board for kindergarten through grade five; 1,296
(c) The program is conducted in a school building; 1,298
(d) The program is operated in accordance with rules 1,300
promulgated by the state board under sections 3301.52 to 3301.57 1,301
of the Revised Code. 1,302
(C) A person, firm, organization, institution, or agency 1,304
operating a child day-care center or type A family day-care home 1,305
that is exempt under division (B) of this section from licensure 1,306
under division (A) of this section may apply for a license under 1,307
division (A) of this section. All requirements of this chapter 1,308
and of rules promulgated pursuant to this chapter shall apply to 1,309
any exempt child day-care center or type A home that applies for 1,310
a license under division (A) of this section. Licensure pursuant 1,311
to this division constitutes an irrevocable waiver of the exempt 1,312
status of the applicant under division (B) of this section. 1,313
Section 2. That existing sections 2950.11, 3301.50, 1,316
3301.52, 3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58,
32
3313.61, 3325.08, and 5104.02 of the Revised Code are hereby 1,318
repealed.
Section 3. Section 3301.541 of the Revised Code is 1,320
presented in this act as a composite of the section as amended by 1,321
both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General 1,323
Assembly, with the new language of neither of the acts shown in 1,324
capital letters. Section 3313.61 of the Revised Code is 1,325
presented in Section 1 of this act as a composite of the section 1,326
as amended by both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 1,328
120th General Assembly, with the new language of neither of the 1,329
acts shown in capital letters. This is in recognition of the 1,330
principle stated in division (B) of section 1.52 of the Revised 1,331
Code that such amendments are to be harmonized where not 1,332
substantively irreconcilable and constitutes a legislative 1,333
finding that such is the resulting version in effect prior to the 1,334
effective date of this act.
Section 4. That section 3313.61 of the Revised Code, as 1,336
amended by Am. Sub. S.B. 55 of the 122nd General Assembly, be 1,337
amended to read as follows: 1,338
Sec. 3313.61. (A) A diploma shall be granted by the board 1,348
of education of any city, exempted village, or local school 1,349
district that operates a high school to any person to whom all of 1,350
the following apply: 1,351
(1) The person has successfully completed the curriculum 1,353
in any high school or the individualized education program 1,354
developed for the person by any high school pursuant to section 1,355
3323.08 of the Revised Code; 1,356
(2) The person has attained at least the applicable scores 1,358
designated under division (B) of section 3301.0710 of the Revised 1,359
Code on all the tests required by that division unless the person 1,360
was excused from taking any such test pursuant to division (C)(1) 1,361
of section 3301.0711 or section 3313.532 of the Revised Code or 1,362
unless division (H) of this section applies to the person; 1,363
(3) The person is not eligible to receive an honors 1,365
33
diploma granted pursuant to division (B) of this section. 1,366
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF 1,369
THIS SECTION, NO diploma shall be granted under this division to 1,370
anyone except as provided under this division. 1,371
(B) In lieu of a diploma granted under division (A) of 1,373
this section, an honors diploma shall be granted, in accordance 1,374
with rules of the state board of education, by any such district 1,375
board to anyone who successfully completes the curriculum in any 1,376
high school or the individualized education program developed for 1,377
the person by any high school pursuant to section 3323.08 of the 1,378
Revised Code, who has attained at least the applicable scores 1,379
designated under division (B) of section 3301.0710 of the Revised 1,380
Code on all the tests required by that division, and who has met 1,381
additional criteria established by the state board for the 1,382
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISIONS 1,384
(C), (E), AND (J) OF THIS SECTION, NO honors diploma shall be 1,385
granted to anyone failing to comply with this division and no 1,386
more than one honors diploma shall be granted to any student 1,387
under this division. 1,388
The state board shall adopt rules prescribing the granting 1,390
of honors diplomas under this division. These rules may 1,391
prescribe the granting of honors diplomas that recognize a 1,392
student's achievement as a whole or that recognize a student's 1,393
achievement in one or more specific subjects or both. In any 1,394
case, the rules shall designate two or more criteria for the 1,395
granting of each type of honors diploma the board establishes 1,396
under this division and the number of such criteria that must be 1,397
met for the granting of that type of diploma. The number of such 1,398
criteria for any type of honors diploma shall be at least one 1,399
less than the total number of criteria designated for that type 1,400
and no one or more particular criteria shall be required of all 1,401
persons who are to be granted that type of diploma. 1,402
(C) Any such district board administering any of the tests 1,404
required by section 3301.0710 of the Revised Code to any person 1,405
34
requesting to take such test pursuant to division (B)(5)(b) of 1,407
section 3301.0711 of the Revised Code shall award a diploma to 1,408
such person if the person attains at least the applicable scores 1,410
designated under division (B) of section 3301.0710 of the Revised 1,411
Code on all the tests administered and if the person has 1,412
previously attained the applicable scores on all the other tests 1,414
required by division (B) of that section or has been exempted or 1,415
excused from any such test pursuant to division (H) of this 1,416
section or division (C)(1) of section 3301.0711 or section 1,417
3313.532 of the Revised Code. 1,418
(D) Each diploma awarded under this section shall be 1,420
signed by the president and treasurer of the issuing board, the 1,421
superintendent of schools, and the principal of the high school. 1,422
Each diploma shall bear the date of its issue, be in such form as 1,423
the district board prescribes, and be paid for out of the 1,424
district's general fund. 1,425
(E) A person who is a resident of Ohio and is eligible 1,427
under state board of education minimum standards to receive a 1,428
high school diploma based in whole or in part on credits earned 1,429
while an inmate of a correctional institution operated by the 1,430
state or any political subdivision thereof, shall be granted such 1,431
diploma by the correctional institution operating the programs in 1,432
which such credits were earned, and by the board of education of 1,433
the school district in which the inmate resided immediately prior 1,434
to the inmate's placement in the institution. The diploma 1,435
granted by the correctional institution shall be signed by the 1,437
director of the institution, and by the person serving as 1,438
principal of the institution's high school and shall bear the 1,439
date of issue.
(F) Persons who are not residents of Ohio but who are 1,441
inmates of correctional institutions operated by the state or any 1,442
political subdivision thereof, and who are eligible under state 1,443
board of education minimum standards to receive a high school 1,444
diploma based in whole or in part on credits earned while an 1,445
35
inmate of the correctional institution, shall be granted a 1,446
diploma by the correctional institution offering the program in 1,447
which the credits were earned. The diploma granted by the 1,448
correctional institution shall be signed by the director of the 1,449
institution and by the person serving as principal of the 1,450
institution's high school and shall bear the date of issue. 1,451
(G) The state board of education shall provide by rule for 1,453
the administration of the tests required by section 3301.0710 of 1,454
the Revised Code to inmates of correctional institutions. 1,455
(H) Any person to whom all of the following apply shall be 1,457
exempted from attaining the applicable score on the test in 1,458
citizenship designated under division (B) of section 3301.0710 of 1,459
the Revised Code: 1,460
(1) The person is not a citizen of the United States; 1,462
(2) The person is not a permanent resident of the United 1,464
States; 1,465
(3) The person indicates no intention to reside in the 1,468
United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and 1,470
division (D) of section 3311.52 of the Revised Code, this section 1,471
and section 3311.611 of the Revised Code do not apply to the 1,472
board of education of any joint vocational school district or any 1,473
cooperative education school district established pursuant to 1,474
divisions (A) to (C) of section 3311.52 of the Revised Code. 1,475
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 1,478
3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA 1,479
UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE 1,480
MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE 1,481
STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA 1,482
IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE 1,483
DISTRICT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE 1,485
SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION
3325.08 OF THE REVISED CODE. 1,486
36
Section 5. That all existing versions of section 3313.61 1,488
of the Revised Code are hereby repealed. 1,489
Section 6. Sections 4 and 5 of this act shall take effect 1,491
July 1, 1998. 1,492
Section 7. On the effective date of this act and on July 1,494
1, 1998, the Department of Human Services shall transfer by 1,495
intrastate transfer voucher to the Department of Education an 1,496
amount at least equivalent to the amount the Department of Human 1,497
Services would spend in fiscal years 1998 and 1999, respectively, 1,498
to license and enforce Chapter 5104. of the Revised Code with
respect to Head Start grantees and Head Start delegate agencies. 1,499