As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 1 5
1999-2000 6
REPRESENTATIVES BRADING-GARDNER-COUGHLIN-OPFER-HOLLISTER- 8
WINKLER-CALLENDER-METZGER-HARTNETT-LOGAN-JERSE-CAREY- 9
TAYLOR-O'BRIEN-ALLEN-HARRIS-WILSON-BATEMAN-VESPER-MYERS- 10
EVANS-STAPLETON-KREBS-MEAD-TIBERI-PERZ-TRAKAS- 11
OLMAN-KILBANE-THOMAS-CALVERT-SCHULER-HOOPS-CORBIN- 12
GOODMAN-HOUSEHOLDER-WOMER BENJAMIN-AMSTUTZ-CORE- 13
CATES-MOTTLEY-JOLIVETTE-PADGETT-DAMSCHRODER- 14
BUEHRER-HAINES-SCHURING-WILLAMOWSKI-WILLIAMS-AUSTRIA- 15
ROMAN-CLANCY-BUCHY-SALERNO-HOOD-YOUNG-VAN VYVEN- 16
JACOBSON-NETZLEY-TERWILLEGER-KRUPINSKI-BARRETT- 17
JONES-SCHUCK-BENDER-GRENDELL-BOYD-OGG-PATTON 18
_________________________________________________________________ 19
A B I L L
To amend section 109.57 and to enact sections 21
3301.85 to 3301.88 and 3301.90 to 3301.92 of the 22
Revised Code to implement the OhioReads
initiative through the creation of classroom and 23
community reading grants; to establish the 24
OhioReads Office and the OhioReads Council; to
abolish the Council on July 1, 2004, by repealing 25
sections 3301.90, 3301.91, and 3301.92 of the 26
Revised Code on that date; and to declare an 27
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That section 109.57 be amended and sections 31
3301.85, 3301.86, 3301.87, 3301.88, 3301.90, 3301.91, and 3301.92 33
of the Revised Code be enacted to read as follows: 34
Sec. 109.57. (A)(1) The superintendent of the bureau of 43
criminal identification and investigation shall procure from 44
2
wherever procurable and file for record photographs, pictures, 46
descriptions, fingerprints, measurements, and other information 47
that may be pertinent of all persons who have been convicted of 48
committing within this state a felony, any crime constituting a 50
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 52
section 109.572 of the Revised Code, of all children under 53
eighteen years of age who have been adjudicated delinquent 54
children for committing within this state an act that would be a 55
felony or an offense of violence if committed by an adult or who 56
have been convicted of or pleaded guilty to committing within 58
this state a felony or an offense of violence, and of all 59
well-known and habitual criminals. The person in charge of any 61
county, multicounty, municipal, municipal-county, or 62
multicounty-municipal jail or workhouse, community-based 63
correctional facility, halfway house, alternative residential 64
facility, or state correctional institution and the person in 65
charge of any state institution having custody of a person 66
suspected of having committed a felony, any crime constituting a 68
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 70
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 71
probable cause to believe that the child may have committed an 73
act that would be a felony or an offense of violence if committed 75
by an adult shall furnish such material to the superintendent of 77
the bureau. Fingerprints, photographs, or other descriptive 79
information of a child who is under eighteen years of age, has 80
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 82
committed by an adult, has not been adjudicated a delinquent 83
child for committing an act that would be a felony or an offense 84
of violence if committed by an adult, has not been convicted of 85
or pleaded guilty to committing a felony or an offense of 88
3
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 90
act that would be a felony or an offense of violence if committed 92
by an adult shall not be procured by the superintendent or 93
furnished by any person in charge of any county, multicounty, 95
municipal, municipal-county, or multicounty-municipal jail or 96
workhouse, community-based correctional facility, halfway house, 97
alternative residential facility, or state correctional 98
institution, except as authorized in section 2151.313 of the 99
Revised Code.
(2) Every clerk of a court of record in this state, other 102
than the supreme court or a court of appeals, shall send to the 103
superintendent of the bureau a weekly report containing a summary 105
of each case involving a felony, involving any crime constituting 106
a misdemeanor on the first offense and a felony on subsequent 108
offenses, involving a misdemeanor described in division (A)(1)(a) 109
of section 109.572 of the Revised Code, or involving an 110
adjudication that a child under eighteen years of age is a 111
delinquent child for committing an act that would be a felony or 114
an offense of violence if committed by an adult. The clerk of 116
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 117
divisions (A)(2)(a) to (f) of this section regarding a case 119
before the court of appeals that is served by that clerk. The 120
summary shall be written on the standard forms furnished by the 121
superintendent pursuant to division (B) of this section and shall 122
include the following information: 123
(a) The incident tracking number contained on the standard 125
forms furnished by the superintendent pursuant to division (B) of 126
this section; 127
(b) The style and number of the case; 129
(c) The date of arrest; 131
(d) The date that the person was convicted of or pleaded 133
guilty to the offense, adjudicated a delinquent child for 134
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committing the act that would be a felony or an offense of 137
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 138
act that would be a felony or an offense of violence if committed 141
by an adult, the date of an entry dismissing the charge, an entry 143
declaring a mistrial of the offense in which the person is 144
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 145
date of any other determination that constitutes final resolution 146
of the case;
(e) A statement of the original charge with the section of 148
the Revised Code that was alleged to be violated; 149
(f) If the person or child was convicted, pleaded guilty, 151
or was adjudicated a delinquent child, the sentence or terms of 153
probation imposed or any other disposition of the offender or the 154
delinquent child.
If the offense involved the disarming of a law enforcement 156
officer or an attempt to disarm a law enforcement officer, the 157
clerk shall clearly state that fact in the summary, and the 158
superintendent shall ensure that a clear statement of that fact 159
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 161
sheriffs, chiefs of police, and other law enforcement officers in 163
the establishment of a complete system of criminal identification 164
and in obtaining fingerprints and other means of identification 165
of all persons arrested on a charge of a felony, any crime 166
constituting a misdemeanor on the first offense and a felony on 167
subsequent offenses, or a misdemeanor described in division 168
(A)(1)(a) of section 109.572 of the Revised Code and of all 169
children under eighteen years of age arrested or otherwise taken 171
into custody for committing an act that would be a felony or an 173
offense of violence if committed by an adult. The superintendent 175
also shall file for record the fingerprint impressions of all 176
persons confined in a county, multicounty, municipal, 177
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municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 179
residential facility, or state correctional institution for the 180
violation of state laws and of all children under eighteen years 182
of age who are confined in a county, multicounty, municipal, 183
municipal-county, or multicounty-municipal jail or workhouse, 184
community-based correctional facility, halfway house, alternative 185
residential facility, or state correctional institution or in any 187
facility for delinquent children for committing an act that would 189
be a felony or an offense of violence if committed by an adult, 190
and any other information that the superintendent may receive 192
from law enforcement officials of the state and its political 193
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 195
the Revised Code with respect to the registration of persons who 198
are convicted of or plead guilty to a sexually oriented offense 199
and with respect to all other duties imposed on the bureau under 200
that chapter.
(B) The superintendent shall prepare and furnish to every 202
county, multicounty, municipal, municipal-county, or 203
multicounty-municipal jail or workhouse, community-based 204
correctional facility, halfway house, alternative residential 205
facility, or state correctional institution and to every clerk of 206
a court in this state specified in division (A)(2) of this 207
section standard forms for reporting the information required 208
under division (A) of this section. The standard forms that the 210
superintendent prepares pursuant to this division may be in a 211
tangible format, in an electronic format, or in both tangible 212
formats and electronic formats.
(C) The superintendent may operate a center for 214
electronic, automated, or other data processing for the storage 215
and retrieval of information, data, and statistics pertaining to 216
criminals and to children under eighteen years of age who are 217
adjudicated delinquent children for committing an act that would 219
6
be a felony or an offense of violence if committed by an adult, 220
criminal activity, crime prevention, law enforcement, and 223
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 224
data, and statistics for the use of law enforcement agencies. 225
The superintendent may gather, store, retrieve, and disseminate 227
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 228
sections 109.57 to 109.61 of the Revised Code together with 229
information, data, and statistics that pertain to adults and that 230
are gathered pursuant to those sections. 231
(D) The information and materials furnished to the 233
superintendent pursuant to division (A) of this section and 234
information and materials furnished to any board or person under 235
division (F) or (G) of this section are not public records under 236
section 149.43 of the Revised Code. 237
(E) The attorney general shall adopt rules, in accordance 239
with Chapter 119. of the Revised Code, setting forth the 240
procedure by which a person may receive or release information 241
gathered by the superintendent pursuant to division (A) of this 243
section. A reasonable fee may be charged for this service. If a 244
temporary employment service submits a request for a 245
determination of whether a person the service plans to refer to 246
an employment position has been convicted of or pleaded guilty to 247
an offense listed in division (A)(1), (3), (4), or (5) of section 248
109.572 of the Revised Code, the request shall be treated as a 249
single request and only one fee shall be charged. 250
(F)(1) As used in division (F)(2) of this section, "head 252
start agency" means an entity in this state that has been 253
approved to be an agency for purposes of subchapter II of the 254
"Community Economic Development Act," 95 Stat. 489 (1981), 42 255
U.S.C.A. 9831, as amended. 256
(2)(a) In addition to or in conjunction with any request 258
that is required to be made under section 109.572, 2151.86, 259
7
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 260
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 261
education of any school district; any county board of mental 262
retardation and developmental disabilities; any entity under 263
contract with a county board of mental retardation and 264
developmental disabilities; the chief administrator of any 265
chartered nonpublic school; the chief administrator of any home 266
health agency; the chief administrator of or person operating any 267
child day-care center, type A family day-care home, or type B 268
family day-care home licensed or certified under Chapter 5104. of 269
the Revised Code; the administrator of any type C family day-care 270
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 271
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 272
general assembly; the chief administrator of any head start 273
agency; or the executive director of a public children services 274
agency may request that the superintendent of the bureau 275
investigate and determine, with respect to any individual who has 276
applied for employment in any position after October 2, 1989, or 277
any individual wishing to apply for employment with a board of 278
education may request, with regard to the individual, whether the 280
bureau has any information gathered under division (A) of this 281
section that pertains to that individual. On receipt of the 282
request, the superintendent shall determine whether that 283
information exists and, upon request of the person, board, or 284
entity requesting information, also shall request from the 285
federal bureau of investigation any criminal records it has 286
pertaining to that individual. Within thirty days of the date 287
that the superintendent receives a request, the superintendent 289
shall send to the board, entity, or person a report of any 290
information that the superintendent determines exists, including 292
information contained in records that have been sealed under 293
section 2953.32 of the Revised Code, and, within thirty days of 294
its receipt, shall send the board, entity, or person a report of 295
any information received from the federal bureau of 296
8
investigation, other than information the dissemination of which 297
is prohibited by federal law.
(b) When a board of education is required to receive 299
information under this section as a prerequisite to employment of 300
an individual pursuant to section 3319.39 of the Revised Code, it 301
may accept a certified copy of records that were issued by the 303
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 304
district in lieu of requesting that information itself. In such 305
a case, the board shall accept the certified copy issued by the 306
bureau in order to make a photocopy of it for that individual's 307
employment application documents and shall return the certified 308
copy to the individual. In a case of that nature, a district 309
only shall accept a certified copy of records of that nature 310
within one year after the date of their issuance by the bureau. 312
(3) The state board of education may request, with respect 314
to any individual who has applied for employment after October 2, 315
1989, in any position with the state board or the department of 316
education, any information that a school district board of 317
education is authorized to request under division (F)(2) of this 319
section, and the superintendent of the bureau shall proceed as if 320
the request has been received from a school district board of 321
education under division (F)(2) of this section. 322
(4) When the superintendent of the bureau receives a 324
request for information that is authorized under section 3319.291 325
of the Revised Code, the superintendent shall proceed as if the 326
request has been received from a school district board of 327
education under division (F)(2) of this section. 328
(5) WHEN A RECIPIENT OF AN OHIOREADS CLASSROOM OR 331
COMMUNITY READING GRANT PAID UNDER SECTION 3301.86 OR 3301.87 OF 333
THE REVISED CODE REQUESTS, WITH RESPECT TO ANY INDIVIDUAL WHO 335
APPLIES TO PARTICIPATE IN PROVIDING ANY PROGRAM OR SERVICE FUNDED 336
IN WHOLE OR IN PART BY THE GRANT, THE INFORMATION THAT A SCHOOL 337
DISTRICT BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER 338
9
DIVISION (F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE 340
BUREAU SHALL PROCEED AS IF THE REQUEST HAS BEEN RECEIVED FROM A 342
SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF 343
THIS SECTION, WITH THE FOLLOWING EXCEPTIONS: 344
(a) THE SUPERINTENDENT MAY REQUEST FROM THE FEDERAL BUREAU 346
OF INVESTIGATION ANY CRIMINAL RECORDS IT HAS WITH RESPECT TO THE 348
INDIVIDUAL IF THE GRANT RECIPIENT HAS NOT ALREADY REQUESTED THE 350
SUPERINTENDENT TO DO SO;
(b) THE SUPERINTENDENT SHALL RELY ON THE IDENTIFYING 352
INFORMATION THE GRANT RECIPIENT CHOOSES TO PROVIDE AND SHALL NOT 355
REQUIRE THE GRANT RECIPIENT OR THE INDIVIDUAL TO PROVIDE ANY 356
ADDITIONAL INFORMATION. 357
(G) In addition to or in conjunction with any request that 360
is required to be made under section 173.41, 3701.881, 3712.09, 361
3721.121, or 3722.151 of the Revised Code with respect to an 363
individual who has applied for employment in a position that 364
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 365
the PASSPORT program created under section 173.40 of the Revised 366
Code, home health agency, hospice care program, home licensed 368
under Chapter 3721. of the Revised Code, adult day-care program 369
operated pursuant to rules adopted under section 3721.04 of the 370
Revised Code, or adult care facility may request that the 372
superintendent of the bureau investigate and determine, with 373
respect to any individual who has applied after January 27, 1997, 375
for employment in a position that does not involve providing 376
direct care to an older adult, whether the bureau has any 377
information gathered under division (A) of this section that 378
pertains to that individual. On receipt of the request, the 379
superintendent shall determine whether that information exists 380
and, on request of the administrator requesting information, 381
shall also request from the federal bureau of investigation any 382
criminal records it has pertaining to that individual. Within 383
thirty days of the date a request is received, the superintendent 384
10
shall send to the administrator a report of any information 386
determined to exist, including information contained in records 387
that have been sealed under section 2953.32 of the Revised Code, 388
and, within thirty days of its receipt, shall send the 389
administrator a report of any information received from the 390
federal bureau of investigation, other than information the 391
dissemination of which is prohibited by federal law. 392
(H) Information obtained by a board, administrator, or 395
other person under this section is confidential and shall not be 396
released or disseminated.
(I) The superintendent may charge a reasonable fee for 398
providing information or criminal records under division (F)(2) 399
or (G) of this section. 400
Sec. 3301.85. THE OHIOREADS OFFICE IS HEREBY ESTABLISHED 403
WITHIN THE DEPARTMENT OF EDUCATION. THE OFFICE SHALL BE UNDER 404
THE SUPERVISION OF AN EXECUTIVE DIRECTOR, WHO SHALL BE APPOINTED 405
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, WITH THE ADVICE AND 406
CONSENT OF THE OHIOREADS COUNCIL. THE EXECUTIVE DIRECTOR SHALL 408
SERVE AT THE PLEASURE OF AND REPORT TO THE SUPERINTENDENT, BUT 409
SHALL DISCHARGE THE POSITION ACCORDING TO GUIDELINES ISSUED BY 410
THE COUNCIL AND SHALL PERFORM ANY TASK DESIGNATED BY THE COUNCIL. 412
THE EXECUTIVE DIRECTOR SHALL DEVOTE FULL TIME TO THE DUTIES OF 414
THAT POSITION AND SHALL HOLD NO OTHER POSITION WITHIN THE 415
DEPARTMENT. THE SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR THE 418
OFFICE. THE DEPARTMENT SHALL PROVIDE THE EXECUTIVE DIRECTOR AND
ANY ADDITIONAL STAFF HIRED BY THE SUPERINTENDENT WITH OFFICES 419
WITHIN THE DEPARTMENT'S OFFICE SPACE. 421
Sec. 3301.86. THE OHIOREADS CLASSROOM READING GRANTS 425
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 426
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 427
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 428
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 429
PAY THE GRANTS AWARDED BY THE COUNCIL. 430
Sec. 3301.87. THE OHIOREADS COMMUNITY READING GRANTS 432
11
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 434
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 436
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 438
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 439
PAY THE GRANTS AWARDED BY THE COUNCIL. 440
Sec. 3301.88. (A) A RECIPIENT OF A GRANT UNDER SECTION 442
3301.86 OR 3301.87 OF THE REVISED CODE MAY CONDUCT A BACKGROUND 444
CHECK ON ANY INDIVIDUAL, OTHER THAN AN INDIVIDUAL DESCRIBED IN 446
DIVISION (B) OF THIS SECTION, WHO APPLIES TO PARTICIPATE IN 447
PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR SERVICE FUNDED IN 449
WHOLE OR IN PART BY THE GRANT. IF A RECIPIENT ELECTS TO CONDUCT 450
A BACKGROUND CHECK, THE BACKGROUND CHECK SHALL INCLUDE A REQUEST 451
FOR THE INFORMATION A SCHOOL DISTRICT BOARD OF EDUCATION MAY 454
REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 109.57 OF THE REVISED 456
CODE FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND 457
INVESTIGATION. 458
(B) A GRANT RECIPIENT SHALL NOT REQUEST INFORMATION UNDER 460
DIVISION (A) OF THIS SECTION WITH RESPECT TO ANY INDIVIDUAL WHO 462
FURNISHES THE GRANT RECIPIENT WITH A CERTIFIED COPY OF A REPORT 463
OF A CRIMINAL RECORDS CHECK COMPLETED BY THE BUREAU OF CRIMINAL 464
IDENTIFICATION AND INVESTIGATION WITHIN ONE YEAR PRIOR TO
APPLYING TO PARTICIPATE IN PROVIDING PROGRAMS OR SERVICES UNDER 465
AN OHIOREADS GRANT. 467
(C) A GRANT RECIPIENT SHALL NOT ALLOW AN APPLICANT TO 469
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 471
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT IF THE 472
INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION INDICATES THAT THE 474
APPLICANT HAS EVER PLEADED GUILTY TO OR BEEN FOUND GUILTY BY A 475
JURY OR COURT OF ANY OF THE FOLLOWING:
(1) A FELONY; 477
(2) A VIOLATION OF SECTION 2903.16, 2903.34, 2905.05, 480
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 481
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, OR 3716.11 OF THE 483
12
REVISED CODE; A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE 484
AS IT EXISTED PRIOR TO JULY 1, 1996; OR A VIOLATION OF SECTION 485
2919.23 OF THE REVISED CODE THAT WOULD HAVE BEEN A VIOLATION OF 487
SECTION 2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 489
1, 1996, HAD IT BEEN COMMITTED PRIOR TO THAT DATE; 490
(3) AN OFFENSE OF VIOLENCE; 492
(4) A THEFT OFFENSE, AS DEFINED IN SECTION 2913.01 OF THE 494
REVISED CODE; 495
(5) A DRUG ABUSE OFFENSE, AS DEFINED IN SECTION 2925.01 OF 497
THE REVISED CODE; 498
(6) A VIOLATION OF AN EXISTING OR FORMER ORDINANCE OF A 500
MUNICIPAL CORPORATION OR LAW OF THE UNITED STATES OR ANOTHER 502
STATE THAT IS SUBSTANTIVELY COMPARABLE TO AN OFFENSE LISTED IN 504
DIVISIONS (C)(1) TO (5) OF THIS SECTION.
(D) THE OHIOREADS OFFICE SHALL REIMBURSE EACH GRANT 507
RECIPIENT FOR EACH BACKGROUND CHECK THE LESSER OF FIFTEEN DOLLARS 509
OR THE ACTUAL AMOUNT PAID BY THE GRANT RECIPIENT FOR THE 510
BACKGROUND CHECK. THIS REIMBURSEMENT SHALL BE PAID ONLY FOR 511
BACKGROUND CHECKS ON INDIVIDUALS WHO APPLY TO PARTICIPATE IN 512
PROVIDING ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY 513
THE GRANT. TO RECEIVE IT, THE GRANT RECIPIENT MUST SUBMIT 514
INFORMATION TO THE OFFICE IN THE FORM AND MANNER REQUIRED BY THE 515
OFFICE. THE REIMBURSEMENT IS IN ADDITION TO THE GRANT AWARDED TO 516
THE RECIPIENT UNDER SECTION 3301.86 OR 3301.87 OF THE REVISED 517
CODE.
Sec. 3301.90. THE OHIOREADS COUNCIL IS HEREBY ESTABLISHED. 520
THE COUNCIL SHALL CONSIST OF SEVEN VOTING MEMBERS, AS FOLLOWS: 521
(A) FIVE PERSONS APPOINTED BY THE GOVERNOR, ONE OF WHOM 524
SHALL BE A PRACTICING READING SPECIALIST AND ONE OF WHOM SHALL 525
REPRESENT A COLLEGE OF EDUCATION IN THIS STATE; 526
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE 529
DIRECTOR'S DESIGNEE;
(C) THE SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THE 532
SUPERINTENDENT'S DESIGNEE.
13
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 534
TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, EACH FROM A 535
DIFFERENT POLITICAL PARTY, TO SERVE AS NONVOTING MEMBERS OF THE 536
COUNCIL. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 537
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, TO SERVE AS 538
NONVOTING MEMBERS OF THE COUNCIL. 539
THE FIVE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT 541
THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT 542
SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY 543
THE GOVERNOR. THE READING SPECIALIST SHALL SUFFER NO LOSS OF 546
COMPENSATION OR OTHER BENEFIT BECAUSE OF ABSENCE FROM REGULAR
EMPLOYMENT TO ATTEND THE COUNCIL'S MEETINGS. 548
THE NONVOTING LEGISLATIVE MEMBERS SHALL SERVE AT THE 550
PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER WHO 552
CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH THE 553
MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COUNCIL. 554
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL ANY 555
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY 556
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE SENATE. A 558
LEGISLATIVE MEMBER MAY DESIGNATE A MEMBER OF THE SAME LEGISLATIVE 559
HOUSE AND THE SAME POLITICAL PARTY TO ATTEND COUNCIL MEETINGS IN 560
THAT MEMBER'S PLACE.
THE GOVERNOR SHALL APPOINT ONE VOTING MEMBER OF THE COUNCIL 562
TO SERVE AS CHAIRPERSON. 563
THE COUNCIL SHALL MEET AT LEAST FOUR TIMES PER YEAR TO 565
CONDUCT ITS BUSINESS. THE COUNCIL MAY MEET MORE OFTEN AT THE 566
CALL OF ITS CHAIRPERSON. 567
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. 569
Sec. 3301.91. (A) THE OHIOREADS COUNCIL'S 573
RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 574
(1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF 576
PUBLIC INSTRUCTION'S APPOINTMENTS TO THE POSITION OF EXECUTIVE 577
DIRECTOR OF THE OHIOREADS OFFICE; 578
14
(2) EVALUATING THE EFFECTIVENESS OF THE OHIOREADS 582
INITIATIVE ESTABLISHED BY THIS SECTION AND SECTIONS 3301.86 AND 583
3301.87 OF THE REVISED CODE AND CONDUCTING ANNUAL EVALUATIONS 585
BEGINNING IN FISCAL YEAR 2002; 586
(3) DEVELOPING A STRATEGIC PLAN FOR IDENTIFYING, 588
RECRUITING, TRAINING, QUALIFYING, AND PLACING VOLUNTEERS FOR THE 589
OHIOREADS INITIATIVE; 591
(4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM 593
READING GRANTS UNDER SECTION 3301.86 OF THE REVISED CODE AND 596
COMMUNITY READING GRANTS UNDER SECTION 3301.87 OF THE REVISED 599
CODE, INCLUDING ELIGIBILITY CRITERIA, GRANT AMOUNTS, PURPOSES FOR 600
WHICH GRANTS MAY BE USED, AND ADMINISTRATIVE, PROGRAMMATIC, AND 601
REPORTING REQUIREMENTS; 602
(5) AWARDING CLASSROOM READING GRANTS AND COMMUNITY 604
READING GRANTS TO BE PAID BY THE OHIOREADS OFFICE UNDER SECTIONS 605
3301.86 AND 3301.87 OF THE REVISED CODE; 607
(6) ESTABLISHING GUIDELINES FOR AND OVERSEEING THE GENERAL 609
RESPONSIBILITIES AND MISSION OF THE EXECUTIVE DIRECTOR OF THE 611
OHIOREADS OFFICE. 612
(B) IN PERFORMING ITS DUTIES, THE COUNCIL SHALL, TO THE 615
EXTENT PRACTICABLE:
(1) GIVE PRIMARY CONSIDERATION TO THE SAFETY AND WELL 617
BEING OF CHILDREN PARTICIPATING IN THE OHIOREADS INITIATIVE; 618
(2) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING 620
OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST 621
ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE 624
REVISED CODE; 625
(3) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE 627
RESOURCES TO LEVERAGE OHIOREADS RESOURCES AND RELATED PROGRAMS; 630
(4) FOCUS ON EARLY READING INTERVENTION STRATEGIES, 632
PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT; 633
(5) GIVE PRIORITY TO PROGRAMS RECOGNIZED AS PROMISING 636
EDUCATIONAL PRACTICES FOR ACCELERATING STUDENT ACHIEVEMENT, 638
INCLUDING BUT NOT LIMITED TO PROGRAMS PRIMARILY USING VOLUNTEERS 639
15
AND PROGRAMS THAT MAY HAVE BEEN REVIEWED BY THE EDUCATION 640
COMMISSION OF THE STATES.
Sec. 3301.92. THE OHIOREADS OFFICE SHALL PROVIDE THE 644
OHIOREADS COUNCIL WITH STAFF, ADMINISTRATIVE SUPPORT, AND OTHER 645
RESOURCES REQUESTED BY THE COUNCIL. 646
Section 2. That existing section 109.57 of the Revised 649
Code is hereby repealed. 650
Section 3. (A) Sections 3301.90, 3301.91, and 3301.92 of 652
the Revised Code are hereby repealed, effective July 1, 2004. 653
(B) The OhioReads Council is not subject to section 101.84 655
of the Revised Code. The Council expires on July 1, 2004, as 656
provided in division (A) of this section, and not on the date 657
otherwise prescribed by section 101.84 of the Revised Code. 658
(C) Not later than January 1, 2004, the Director of Budget 660
and Management shall submit a written recommendation to the 661
Governor, the Speaker of the House of Representatives, and the 662
President of the Senate of a governmental entity to assume the 664
duties of the OhioReads Council beginning July 1, 2004, if the 665
General Assembly does not continue the Council's existence. 666
Section 4. The OhioReads Council shall collaborate with 668
the Department of Education and the Ohio Board of Regents to 669
review the universities and colleges approved by the State Board 672
of Education under section 3319.23 of the Revised Code for the 673
preparation of teachers to determine the current capability of 674
each to serve as a resource center to support the OhioReads 675
Initiative. The review criteria may include, but need not be 676
limited to, the following: 677
(A) Developmentally appropriate practices used by faculty 679
in pre-service and in-service education; 680
(B) Knowledge of and experience with the recommendations 682
of the National Reading Association and the National Association 683
for the Education of Young Children; 684
(C) Membership in literacy-related professional 686
organizations;
16
(D) Facility capacity to house the resource center; 688
(E) Institutional support; 690
(F) Electronic connectivity to the Ohio Education Computer 692
Network; 693
(G) Infrastructure to deliver video distance learning. 695
No later than September 1, 1999, the Council shall submit a 697
report of its review and any recommendations to the Governor, the 698
Speaker of the House of Representatives, the President of the 699
Senate, the Chancellor of the Ohio Board of Regents, and the 700
Superintendent of Public Instruction. 701
Section 5. This act is hereby declared to be an emergency 703
measure necessary for the immediate preservation of the public 705
peace, health, and safety. The reason for this necessity is that 707
its immediate enactment will permit an expeditious organization 708
of the OhioReads Initiative so that it will be ready to help
Ohio's children learn to read when the General Assembly 710
appropriates the funding. Therefore, this act shall go into 711
immediate effect.