As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-DePIERO- 18
BARNES-PRINGLE-LUCAS-ROBERTS-SUTTON-OPFER-MAIER-JERSE- 19
D.MILLER-BRITTON-SYKES-PETERSON 20
_________________________________________________________________ 21
A B I L L
To amend section 109.57 and to enact sections 23
3301.85 to 3301.88 and 3301.90 to 3301.92 of the 24
Revised Code to implement the OhioReads
initiative through the creation of classroom and 25
community reading grants; to establish the 26
OhioReads Office and the OhioReads Council; to
abolish the Council on July 1, 2004, by repealing 27
sections 3301.90, 3301.91, and 3301.92 of the 28
Revised Code on that date; and to declare an 29
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That section 109.57 be amended and sections 33
3301.85, 3301.86, 3301.87, 3301.88, 3301.90, 3301.91, and 3301.92 35
of the Revised Code be enacted to read as follows: 36
2
Sec. 109.57. (A)(1) The superintendent of the bureau of 45
criminal identification and investigation shall procure from 46
wherever procurable and file for record photographs, pictures, 48
descriptions, fingerprints, measurements, and other information 49
that may be pertinent of all persons who have been convicted of 50
committing within this state a felony, any crime constituting a 52
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 54
section 109.572 of the Revised Code, of all children under 55
eighteen years of age who have been adjudicated delinquent 56
children for committing within this state an act that would be a 57
felony or an offense of violence if committed by an adult or who 58
have been convicted of or pleaded guilty to committing within 60
this state a felony or an offense of violence, and of all 61
well-known and habitual criminals. The person in charge of any 63
county, multicounty, municipal, municipal-county, or 64
multicounty-municipal jail or workhouse, community-based 65
correctional facility, halfway house, alternative residential 66
facility, or state correctional institution and the person in 67
charge of any state institution having custody of a person 68
suspected of having committed a felony, any crime constituting a 70
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 72
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 73
probable cause to believe that the child may have committed an 75
act that would be a felony or an offense of violence if committed 77
by an adult shall furnish such material to the superintendent of 79
the bureau. Fingerprints, photographs, or other descriptive 81
information of a child who is under eighteen years of age, has 82
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 84
committed by an adult, has not been adjudicated a delinquent 85
child for committing an act that would be a felony or an offense 86
3
of violence if committed by an adult, has not been convicted of 87
or pleaded guilty to committing a felony or an offense of 90
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 92
act that would be a felony or an offense of violence if committed 94
by an adult shall not be procured by the superintendent or 95
furnished by any person in charge of any county, multicounty, 97
municipal, municipal-county, or multicounty-municipal jail or 98
workhouse, community-based correctional facility, halfway house, 99
alternative residential facility, or state correctional 100
institution, except as authorized in section 2151.313 of the 101
Revised Code.
(2) Every clerk of a court of record in this state, other 104
than the supreme court or a court of appeals, shall send to the 105
superintendent of the bureau a weekly report containing a summary 107
of each case involving a felony, involving any crime constituting 108
a misdemeanor on the first offense and a felony on subsequent 110
offenses, involving a misdemeanor described in division (A)(1)(a) 111
of section 109.572 of the Revised Code, or involving an 112
adjudication that a child under eighteen years of age is a 113
delinquent child for committing an act that would be a felony or 116
an offense of violence if committed by an adult. The clerk of 118
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 119
divisions (A)(2)(a) to (f) of this section regarding a case 121
before the court of appeals that is served by that clerk. The 122
summary shall be written on the standard forms furnished by the 123
superintendent pursuant to division (B) of this section and shall 124
include the following information: 125
(a) The incident tracking number contained on the standard 127
forms furnished by the superintendent pursuant to division (B) of 128
this section; 129
(b) The style and number of the case; 131
(c) The date of arrest; 133
4
(d) The date that the person was convicted of or pleaded 135
guilty to the offense, adjudicated a delinquent child for 136
committing the act that would be a felony or an offense of 139
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 140
act that would be a felony or an offense of violence if committed 143
by an adult, the date of an entry dismissing the charge, an entry 145
declaring a mistrial of the offense in which the person is 146
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 147
date of any other determination that constitutes final resolution 148
of the case;
(e) A statement of the original charge with the section of 150
the Revised Code that was alleged to be violated; 151
(f) If the person or child was convicted, pleaded guilty, 153
or was adjudicated a delinquent child, the sentence or terms of 155
probation imposed or any other disposition of the offender or the 156
delinquent child.
If the offense involved the disarming of a law enforcement 158
officer or an attempt to disarm a law enforcement officer, the 159
clerk shall clearly state that fact in the summary, and the 160
superintendent shall ensure that a clear statement of that fact 161
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 163
sheriffs, chiefs of police, and other law enforcement officers in 165
the establishment of a complete system of criminal identification 166
and in obtaining fingerprints and other means of identification 167
of all persons arrested on a charge of a felony, any crime 168
constituting a misdemeanor on the first offense and a felony on 169
subsequent offenses, or a misdemeanor described in division 170
(A)(1)(a) of section 109.572 of the Revised Code and of all 171
children under eighteen years of age arrested or otherwise taken 173
into custody for committing an act that would be a felony or an 175
offense of violence if committed by an adult. The superintendent 177
5
also shall file for record the fingerprint impressions of all 178
persons confined in a county, multicounty, municipal, 179
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 181
residential facility, or state correctional institution for the 182
violation of state laws and of all children under eighteen years 184
of age who are confined in a county, multicounty, municipal, 185
municipal-county, or multicounty-municipal jail or workhouse, 186
community-based correctional facility, halfway house, alternative 187
residential facility, or state correctional institution or in any 189
facility for delinquent children for committing an act that would 191
be a felony or an offense of violence if committed by an adult, 192
and any other information that the superintendent may receive 194
from law enforcement officials of the state and its political 195
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 197
the Revised Code with respect to the registration of persons who 200
are convicted of or plead guilty to a sexually oriented offense 201
and with respect to all other duties imposed on the bureau under 202
that chapter.
(B) The superintendent shall prepare and furnish to every 204
county, multicounty, municipal, municipal-county, or 205
multicounty-municipal jail or workhouse, community-based 206
correctional facility, halfway house, alternative residential 207
facility, or state correctional institution and to every clerk of 208
a court in this state specified in division (A)(2) of this 209
section standard forms for reporting the information required 210
under division (A) of this section. The standard forms that the 212
superintendent prepares pursuant to this division may be in a 213
tangible format, in an electronic format, or in both tangible 214
formats and electronic formats.
(C) The superintendent may operate a center for 216
electronic, automated, or other data processing for the storage 217
and retrieval of information, data, and statistics pertaining to 218
6
criminals and to children under eighteen years of age who are 219
adjudicated delinquent children for committing an act that would 221
be a felony or an offense of violence if committed by an adult, 222
criminal activity, crime prevention, law enforcement, and 225
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 226
data, and statistics for the use of law enforcement agencies. 227
The superintendent may gather, store, retrieve, and disseminate 229
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 230
sections 109.57 to 109.61 of the Revised Code together with 231
information, data, and statistics that pertain to adults and that 232
are gathered pursuant to those sections. 233
(D) The information and materials furnished to the 235
superintendent pursuant to division (A) of this section and 236
information and materials furnished to any board or person under 237
division (F) or (G) of this section are not public records under 238
section 149.43 of the Revised Code. 239
(E) The attorney general shall adopt rules, in accordance 241
with Chapter 119. of the Revised Code, setting forth the 242
procedure by which a person may receive or release information 243
gathered by the superintendent pursuant to division (A) of this 245
section. A reasonable fee may be charged for this service. If a 246
temporary employment service submits a request for a 247
determination of whether a person the service plans to refer to 248
an employment position has been convicted of or pleaded guilty to 249
an offense listed in division (A)(1), (3), (4), or (5) of section 250
109.572 of the Revised Code, the request shall be treated as a 251
single request and only one fee shall be charged. 252
(F)(1) As used in division (F)(2) of this section, "head 254
start agency" means an entity in this state that has been 255
approved to be an agency for purposes of subchapter II of the 256
"Community Economic Development Act," 95 Stat. 489 (1981), 42 257
U.S.C.A. 9831, as amended. 258
7
(2)(a) In addition to or in conjunction with any request 260
that is required to be made under section 109.572, 2151.86, 261
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 262
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 263
education of any school district; any county board of mental 264
retardation and developmental disabilities; any entity under 265
contract with a county board of mental retardation and 266
developmental disabilities; the chief administrator of any 267
chartered nonpublic school; the chief administrator of any home 268
health agency; the chief administrator of or person operating any 269
child day-care center, type A family day-care home, or type B 270
family day-care home licensed or certified under Chapter 5104. of 271
the Revised Code; the administrator of any type C family day-care 272
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 273
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 274
general assembly; the chief administrator of any head start 275
agency; or the executive director of a public children services 276
agency may request that the superintendent of the bureau 277
investigate and determine, with respect to any individual who has 278
applied for employment in any position after October 2, 1989, or 279
any individual wishing to apply for employment with a board of 280
education may request, with regard to the individual, whether the 282
bureau has any information gathered under division (A) of this 283
section that pertains to that individual. On receipt of the 284
request, the superintendent shall determine whether that 285
information exists and, upon request of the person, board, or 286
entity requesting information, also shall request from the 287
federal bureau of investigation any criminal records it has 288
pertaining to that individual. Within thirty days of the date 289
that the superintendent receives a request, the superintendent 291
shall send to the board, entity, or person a report of any 292
information that the superintendent determines exists, including 294
information contained in records that have been sealed under 295
section 2953.32 of the Revised Code, and, within thirty days of 296
8
its receipt, shall send the board, entity, or person a report of 297
any information received from the federal bureau of 298
investigation, other than information the dissemination of which 299
is prohibited by federal law.
(b) When a board of education is required to receive 301
information under this section as a prerequisite to employment of 302
an individual pursuant to section 3319.39 of the Revised Code, it 303
may accept a certified copy of records that were issued by the 305
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 306
district in lieu of requesting that information itself. In such 307
a case, the board shall accept the certified copy issued by the 308
bureau in order to make a photocopy of it for that individual's 309
employment application documents and shall return the certified 310
copy to the individual. In a case of that nature, a district 311
only shall accept a certified copy of records of that nature 312
within one year after the date of their issuance by the bureau. 314
(3) The state board of education may request, with respect 316
to any individual who has applied for employment after October 2, 317
1989, in any position with the state board or the department of 318
education, any information that a school district board of 319
education is authorized to request under division (F)(2) of this 321
section, and the superintendent of the bureau shall proceed as if 322
the request has been received from a school district board of 323
education under division (F)(2) of this section. 324
(4) When the superintendent of the bureau receives a 326
request for information that is authorized under section 3319.291 327
of the Revised Code, the superintendent shall proceed as if the 328
request has been received from a school district board of 329
education under division (F)(2) of this section. 330
(5) WHEN A RECIPIENT OF AN OHIOREADS CLASSROOM OR 333
COMMUNITY READING GRANT PAID UNDER SECTION 3301.86 OR 3301.87 OF 335
THE REVISED CODE REQUESTS, WITH RESPECT TO ANY INDIVIDUAL WHO 337
APPLIES TO PARTICIPATE IN PROVIDING ANY PROGRAM OR SERVICE FUNDED 338
9
IN WHOLE OR IN PART BY THE GRANT, THE INFORMATION THAT A SCHOOL 339
DISTRICT BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER 340
DIVISION (F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE 342
BUREAU SHALL PROCEED AS IF THE REQUEST HAS BEEN RECEIVED FROM A 344
SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF 345
THIS SECTION, WITH THE FOLLOWING EXCEPTIONS: 346
(a) THE SUPERINTENDENT MAY REQUEST FROM THE FEDERAL BUREAU 348
OF INVESTIGATION ANY CRIMINAL RECORDS IT HAS WITH RESPECT TO THE 350
INDIVIDUAL IF THE GRANT RECIPIENT HAS NOT ALREADY REQUESTED THE 352
SUPERINTENDENT TO DO SO;
(b) THE SUPERINTENDENT SHALL RELY ON THE IDENTIFYING 354
INFORMATION THE GRANT RECIPIENT CHOOSES TO PROVIDE AND SHALL NOT 357
REQUIRE THE GRANT RECIPIENT OR THE INDIVIDUAL TO PROVIDE ANY 358
ADDITIONAL INFORMATION. 359
(G) In addition to or in conjunction with any request that 362
is required to be made under section 173.41, 3701.881, 3712.09, 363
3721.121, or 3722.151 of the Revised Code with respect to an 365
individual who has applied for employment in a position that 366
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 367
the PASSPORT program created under section 173.40 of the Revised 368
Code, home health agency, hospice care program, home licensed 370
under Chapter 3721. of the Revised Code, adult day-care program 371
operated pursuant to rules adopted under section 3721.04 of the 372
Revised Code, or adult care facility may request that the 374
superintendent of the bureau investigate and determine, with 375
respect to any individual who has applied after January 27, 1997, 377
for employment in a position that does not involve providing 378
direct care to an older adult, whether the bureau has any 379
information gathered under division (A) of this section that 380
pertains to that individual. On receipt of the request, the 381
superintendent shall determine whether that information exists 382
and, on request of the administrator requesting information, 383
shall also request from the federal bureau of investigation any 384
10
criminal records it has pertaining to that individual. Within 385
thirty days of the date a request is received, the superintendent 386
shall send to the administrator a report of any information 388
determined to exist, including information contained in records 389
that have been sealed under section 2953.32 of the Revised Code, 390
and, within thirty days of its receipt, shall send the 391
administrator a report of any information received from the 392
federal bureau of investigation, other than information the 393
dissemination of which is prohibited by federal law. 394
(H) Information obtained by a board, administrator, or 397
other person under this section is confidential and shall not be 398
released or disseminated.
(I) The superintendent may charge a reasonable fee for 400
providing information or criminal records under division (F)(2) 401
or (G) of this section. 402
Sec. 3301.85. THE OHIOREADS OFFICE IS HEREBY ESTABLISHED 405
WITHIN THE DEPARTMENT OF EDUCATION. THE OFFICE SHALL BE UNDER 406
THE SUPERVISION OF AN EXECUTIVE DIRECTOR, WHO SHALL BE APPOINTED 407
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, WITH THE ADVICE AND 408
CONSENT OF THE OHIOREADS COUNCIL. THE EXECUTIVE DIRECTOR SHALL 410
SERVE AT THE PLEASURE OF AND REPORT TO THE SUPERINTENDENT, BUT 411
SHALL DISCHARGE THE POSITION ACCORDING TO GUIDELINES ISSUED BY 412
THE COUNCIL AND SHALL PERFORM ANY TASK DESIGNATED BY THE COUNCIL. 414
THE EXECUTIVE DIRECTOR SHALL DEVOTE FULL TIME TO THE DUTIES OF 416
THAT POSITION AND SHALL HOLD NO OTHER POSITION WITHIN THE 417
DEPARTMENT. THE SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR THE 420
OFFICE. THE DEPARTMENT SHALL PROVIDE THE EXECUTIVE DIRECTOR AND
ANY ADDITIONAL STAFF HIRED BY THE SUPERINTENDENT WITH OFFICES 421
WITHIN THE DEPARTMENT'S OFFICE SPACE. 423
Sec. 3301.86. THE OHIOREADS CLASSROOM READING GRANTS 427
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 428
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 429
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 430
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 431
11
PAY THE GRANTS AWARDED BY THE COUNCIL. 432
Sec. 3301.87. THE OHIOREADS COMMUNITY READING GRANTS 434
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 436
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 438
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 440
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 441
PAY THE GRANTS AWARDED BY THE COUNCIL. 442
Sec. 3301.88. (A) A RECIPIENT OF A GRANT UNDER SECTION 444
3301.86 OR 3301.87 OF THE REVISED CODE MAY CONDUCT A BACKGROUND 446
CHECK ON ANY INDIVIDUAL, OTHER THAN AN INDIVIDUAL DESCRIBED IN 448
DIVISION (B) OF THIS SECTION, WHO APPLIES TO PARTICIPATE IN 449
PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR SERVICE FUNDED IN 451
WHOLE OR IN PART BY THE GRANT. IF A RECIPIENT ELECTS TO CONDUCT 452
A BACKGROUND CHECK, THE BACKGROUND CHECK SHALL INCLUDE A REQUEST 453
FOR THE INFORMATION A SCHOOL DISTRICT BOARD OF EDUCATION MAY 456
REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 109.57 OF THE REVISED 458
CODE FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND 459
INVESTIGATION. 460
(B) A GRANT RECIPIENT SHALL NOT REQUEST INFORMATION UNDER 462
DIVISION (A) OF THIS SECTION WITH RESPECT TO ANY INDIVIDUAL WHO 464
FURNISHES THE GRANT RECIPIENT WITH A CERTIFIED COPY OF A REPORT 465
OF A CRIMINAL RECORDS CHECK COMPLETED BY THE BUREAU OF CRIMINAL 466
IDENTIFICATION AND INVESTIGATION WITHIN ONE YEAR PRIOR TO
APPLYING TO PARTICIPATE IN PROVIDING PROGRAMS OR SERVICES UNDER 467
AN OHIOREADS GRANT. 469
(C) A GRANT RECIPIENT SHALL NOT ALLOW AN APPLICANT TO 471
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 473
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT IF THE 474
INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION INDICATES THAT THE 476
APPLICANT HAS EVER PLEADED GUILTY TO OR BEEN FOUND GUILTY BY A 477
JURY OR COURT OF ANY OF THE FOLLOWING:
(1) A FELONY; 479
(2) A VIOLATION OF SECTION 2903.16, 2903.34, 2905.05, 482
12
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 483
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, OR 3716.11 OF THE 485
REVISED CODE; A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE 486
AS IT EXISTED PRIOR TO JULY 1, 1996; OR A VIOLATION OF SECTION 487
2919.23 OF THE REVISED CODE THAT WOULD HAVE BEEN A VIOLATION OF 489
SECTION 2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 491
1, 1996, HAD IT BEEN COMMITTED PRIOR TO THAT DATE; 492
(3) AN OFFENSE OF VIOLENCE; 494
(4) A THEFT OFFENSE, AS DEFINED IN SECTION 2913.01 OF THE 496
REVISED CODE; 497
(5) A DRUG ABUSE OFFENSE, AS DEFINED IN SECTION 2925.01 OF 499
THE REVISED CODE; 500
(6) A VIOLATION OF AN EXISTING OR FORMER ORDINANCE OF A 502
MUNICIPAL CORPORATION OR LAW OF THE UNITED STATES OR ANOTHER 504
STATE THAT IS SUBSTANTIVELY COMPARABLE TO AN OFFENSE LISTED IN 506
DIVISIONS (C)(1) TO (5) OF THIS SECTION.
(D) THE OHIOREADS OFFICE SHALL REIMBURSE EACH GRANT 509
RECIPIENT FOR EACH BACKGROUND CHECK THE LESSER OF FIFTEEN DOLLARS 511
OR THE ACTUAL AMOUNT PAID BY THE GRANT RECIPIENT FOR THE 512
BACKGROUND CHECK. THIS REIMBURSEMENT SHALL BE PAID ONLY FOR 513
BACKGROUND CHECKS ON INDIVIDUALS WHO APPLY TO PARTICIPATE IN 514
PROVIDING ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY 515
THE GRANT. TO RECEIVE IT, THE GRANT RECIPIENT MUST SUBMIT 516
INFORMATION TO THE OFFICE IN THE FORM AND MANNER REQUIRED BY THE 517
OFFICE. THE REIMBURSEMENT IS IN ADDITION TO THE GRANT AWARDED TO 518
THE RECIPIENT UNDER SECTION 3301.86 OR 3301.87 OF THE REVISED 519
CODE.
Sec. 3301.90. THE OHIOREADS COUNCIL IS HEREBY ESTABLISHED. 522
THE COUNCIL SHALL CONSIST OF SEVEN VOTING MEMBERS, AS FOLLOWS: 523
(A) FIVE PERSONS APPOINTED BY THE GOVERNOR, ONE OF WHOM 526
SHALL BE A PRACTICING READING SPECIALIST AND ONE OF WHOM SHALL 527
REPRESENT A COLLEGE OF EDUCATION IN THIS STATE; 528
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE 531
DIRECTOR'S DESIGNEE;
13
(C) THE SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THE 534
SUPERINTENDENT'S DESIGNEE.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 536
TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, EACH FROM A 537
DIFFERENT POLITICAL PARTY, TO SERVE AS NONVOTING MEMBERS OF THE 538
COUNCIL. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 539
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, TO SERVE AS 540
NONVOTING MEMBERS OF THE COUNCIL. 541
THE FIVE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT 543
THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT 544
SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY 545
THE GOVERNOR. THE READING SPECIALIST SHALL SUFFER NO LOSS OF 548
COMPENSATION OR OTHER BENEFIT BECAUSE OF ABSENCE FROM REGULAR
EMPLOYMENT TO ATTEND THE COUNCIL'S MEETINGS. 550
THE NONVOTING LEGISLATIVE MEMBERS SHALL SERVE AT THE 552
PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER WHO 554
CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH THE 555
MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COUNCIL. 556
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL ANY 557
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY 558
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE SENATE. A 560
LEGISLATIVE MEMBER MAY DESIGNATE A MEMBER OF THE SAME LEGISLATIVE 561
HOUSE AND THE SAME POLITICAL PARTY TO ATTEND COUNCIL MEETINGS IN 562
THAT MEMBER'S PLACE.
THE GOVERNOR SHALL APPOINT ONE VOTING MEMBER OF THE COUNCIL 564
TO SERVE AS CHAIRPERSON. 565
THE COUNCIL SHALL MEET AT LEAST FOUR TIMES PER YEAR TO 567
CONDUCT ITS BUSINESS. THE COUNCIL MAY MEET MORE OFTEN AT THE 568
CALL OF ITS CHAIRPERSON. 569
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. 571
Sec. 3301.91. (A) THE OHIOREADS COUNCIL'S 575
RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 576
(1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF 578
14
PUBLIC INSTRUCTION'S APPOINTMENTS TO THE POSITION OF EXECUTIVE 579
DIRECTOR OF THE OHIOREADS OFFICE; 580
(2) EVALUATING THE EFFECTIVENESS OF THE OHIOREADS 584
INITIATIVE ESTABLISHED BY THIS SECTION AND SECTIONS 3301.86 AND 585
3301.87 OF THE REVISED CODE AND CONDUCTING ANNUAL EVALUATIONS 587
BEGINNING IN FISCAL YEAR 2002; 588
(3) DEVELOPING A STRATEGIC PLAN FOR IDENTIFYING, 590
RECRUITING, TRAINING, QUALIFYING, AND PLACING VOLUNTEERS FOR THE 591
OHIOREADS INITIATIVE; 593
(4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM 595
READING GRANTS UNDER SECTION 3301.86 OF THE REVISED CODE AND 598
COMMUNITY READING GRANTS UNDER SECTION 3301.87 OF THE REVISED 601
CODE, INCLUDING ELIGIBILITY CRITERIA, GRANT AMOUNTS, PURPOSES FOR 602
WHICH GRANTS MAY BE USED, AND ADMINISTRATIVE, PROGRAMMATIC, AND 603
REPORTING REQUIREMENTS; 604
(5) AWARDING CLASSROOM READING GRANTS AND COMMUNITY 606
READING GRANTS TO BE PAID BY THE OHIOREADS OFFICE UNDER SECTIONS 607
3301.86 AND 3301.87 OF THE REVISED CODE; 609
(6) ESTABLISHING GUIDELINES FOR AND OVERSEEING THE GENERAL 611
RESPONSIBILITIES AND MISSION OF THE EXECUTIVE DIRECTOR OF THE 613
OHIOREADS OFFICE. 614
(B) IN PERFORMING ITS DUTIES, THE COUNCIL SHALL, TO THE 617
EXTENT PRACTICABLE:
(1) GIVE PRIMARY CONSIDERATION TO THE SAFETY AND 619
WELL-BEING OF CHILDREN PARTICIPATING IN THE OHIOREADS INITIATIVE; 620
(2) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING 622
OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST 623
ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE 626
REVISED CODE; 627
(3) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE 629
RESOURCES TO LEVERAGE OHIOREADS RESOURCES AND RELATED PROGRAMS; 632
(4) FOCUS ON EARLY READING INTERVENTION STRATEGIES, 634
PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT; 635
(5) GIVE PRIORITY TO PROGRAMS RECOGNIZED AS PROMISING 638
15
EDUCATIONAL PRACTICES FOR ACCELERATING STUDENT ACHIEVEMENT, 640
INCLUDING, BUT NOT LIMITED TO, PROGRAMS PRIMARILY USING 641
VOLUNTEERS AND PROGRAMS THAT MAY HAVE BEEN REVIEWED BY THE
EDUCATION COMMISSION OF THE STATES. 642
Sec. 3301.92. THE OHIOREADS OFFICE SHALL PROVIDE THE 646
OHIOREADS COUNCIL WITH STAFF, ADMINISTRATIVE SUPPORT, AND OTHER 647
RESOURCES REQUESTED BY THE COUNCIL. 648
Section 2. That existing section 109.57 of the Revised 651
Code is hereby repealed. 652
Section 3. (A) Sections 3301.90, 3301.91, and 3301.92 of 654
the Revised Code are hereby repealed, effective July 1, 2004. 655
(B) The OhioReads Council is not subject to section 101.84 657
of the Revised Code. The Council expires on July 1, 2004, as 658
provided in division (A) of this section, and not on the date 659
otherwise prescribed by section 101.84 of the Revised Code. 660
(C) Not later than January 1, 2004, the Director of Budget 662
and Management shall submit a written recommendation to the 663
Governor, the Speaker of the House of Representatives, and the 664
President of the Senate of a governmental entity to assume the 666
duties of the OhioReads Council beginning July 1, 2004, if the 667
General Assembly does not continue the Council's existence. 668
Section 4. The OhioReads Council shall collaborate with 670
the Department of Education and the Ohio Board of Regents to 671
review the universities and colleges approved by the State Board 674
of Education under section 3319.23 of the Revised Code for the 675
preparation of teachers to determine the current capability of 676
each to serve as a resource center to support the OhioReads 677
Initiative. The review criteria may include, but need not be 678
limited to, the following: 679
(A) Developmentally appropriate practices used by faculty 681
in pre-service and in-service education; 682
(B) Knowledge of and experience with the recommendations 684
of the National Reading Association and the National Association 685
for the Education of Young Children; 686
16
(C) Membership in literacy-related professional 688
organizations;
(D) Facility capacity to house the resource center; 690
(E) Institutional support; 692
(F) Electronic connectivity to the Ohio Education Computer 694
Network; 695
(G) Infrastructure to deliver video distance learning. 697
No later than September 1, 1999, the Council shall submit a 699
report of its review and any recommendations to the Governor, the 700
Speaker of the House of Representatives, the President of the 701
Senate, the Chancellor of the Ohio Board of Regents, and the 702
Superintendent of Public Instruction. 703
Section 5. This act is hereby declared to be an emergency 705
measure necessary for the immediate preservation of the public 707
peace, health, and safety. The reason for this necessity is that 709
its immediate enactment will permit an expeditious organization 710
of the OhioReads Initiative so that it will be ready to help
Ohio's children learn to read when the General Assembly 712
appropriates the funding. Therefore, this act shall go into 713
immediate effect.