As Passed by the Senate 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-MAIER-JERSE- 19
D.MILLER-BRITTON-SYKES-PETERSON-SENATORS KEARNS- 20
GARDNER-PRENTISS-CUPP-MUMPER-SCHAFRATH-DRAKE- 21
BLESSING-LATTA-ARMBRUSTER-RAY-JOHNSON-OELSLAGER- 22
CARNES-SPADA-WHITE 23
_________________________________________________________________ 25
A B I L L
To amend section 109.57 and to enact sections 27
3301.85 to 3301.88 and 3301.90 to 3301.92 of the 28
Revised Code to implement the OhioReads
initiative through the creation of classroom and 29
community reading grants; to establish the 30
OhioReads Office and the OhioReads Council; to
abolish the Council on July 1, 2004, by repealing 31
sections 3301.90, 3301.91, and 3301.92 of the 32
Revised Code on that date; and to declare an 33
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
2
Section 1. That section 109.57 be amended and sections 37
3301.85, 3301.86, 3301.87, 3301.88, 3301.90, 3301.91, and 3301.92 39
of the Revised Code be enacted to read as follows: 40
Sec. 109.57. (A)(1) The superintendent of the bureau of 49
criminal identification and investigation shall procure from 50
wherever procurable and file for record photographs, pictures, 52
descriptions, fingerprints, measurements, and other information 53
that may be pertinent of all persons who have been convicted of 54
committing within this state a felony, any crime constituting a 56
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 58
section 109.572 of the Revised Code, of all children under 59
eighteen years of age who have been adjudicated delinquent 60
children for committing within this state an act that would be a 61
felony or an offense of violence if committed by an adult or who 62
have been convicted of or pleaded guilty to committing within 64
this state a felony or an offense of violence, and of all 65
well-known and habitual criminals. The person in charge of any 67
county, multicounty, municipal, municipal-county, or 68
multicounty-municipal jail or workhouse, community-based 69
correctional facility, halfway house, alternative residential 70
facility, or state correctional institution and the person in 71
charge of any state institution having custody of a person 72
suspected of having committed a felony, any crime constituting a 74
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 76
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 77
probable cause to believe that the child may have committed an 79
act that would be a felony or an offense of violence if committed 81
by an adult shall furnish such material to the superintendent of 83
the bureau. Fingerprints, photographs, or other descriptive 85
information of a child who is under eighteen years of age, has 86
not been arrested or otherwise taken into custody for committing
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an act that would be a felony or an offense of violence if 88
committed by an adult, has not been adjudicated a delinquent 89
child for committing an act that would be a felony or an offense 90
of violence if committed by an adult, has not been convicted of 91
or pleaded guilty to committing a felony or an offense of 94
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 96
act that would be a felony or an offense of violence if committed 98
by an adult shall not be procured by the superintendent or 99
furnished by any person in charge of any county, multicounty, 101
municipal, municipal-county, or multicounty-municipal jail or 102
workhouse, community-based correctional facility, halfway house, 103
alternative residential facility, or state correctional 104
institution, except as authorized in section 2151.313 of the 105
Revised Code.
(2) Every clerk of a court of record in this state, other 108
than the supreme court or a court of appeals, shall send to the 109
superintendent of the bureau a weekly report containing a summary 111
of each case involving a felony, involving any crime constituting 112
a misdemeanor on the first offense and a felony on subsequent 114
offenses, involving a misdemeanor described in division (A)(1)(a) 115
of section 109.572 of the Revised Code, or involving an 116
adjudication that a child under eighteen years of age is a 117
delinquent child for committing an act that would be a felony or 120
an offense of violence if committed by an adult. The clerk of 122
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 123
divisions (A)(2)(a) to (f) of this section regarding a case 125
before the court of appeals that is served by that clerk. The 126
summary shall be written on the standard forms furnished by the 127
superintendent pursuant to division (B) of this section and shall 128
include the following information: 129
(a) The incident tracking number contained on the standard 131
forms furnished by the superintendent pursuant to division (B) of 132
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this section; 133
(b) The style and number of the case; 135
(c) The date of arrest; 137
(d) The date that the person was convicted of or pleaded 139
guilty to the offense, adjudicated a delinquent child for 140
committing the act that would be a felony or an offense of 143
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 144
act that would be a felony or an offense of violence if committed 147
by an adult, the date of an entry dismissing the charge, an entry 149
declaring a mistrial of the offense in which the person is 150
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 151
date of any other determination that constitutes final resolution 152
of the case;
(e) A statement of the original charge with the section of 154
the Revised Code that was alleged to be violated; 155
(f) If the person or child was convicted, pleaded guilty, 157
or was adjudicated a delinquent child, the sentence or terms of 159
probation imposed or any other disposition of the offender or the 160
delinquent child.
If the offense involved the disarming of a law enforcement 162
officer or an attempt to disarm a law enforcement officer, the 163
clerk shall clearly state that fact in the summary, and the 164
superintendent shall ensure that a clear statement of that fact 165
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 167
sheriffs, chiefs of police, and other law enforcement officers in 169
the establishment of a complete system of criminal identification 170
and in obtaining fingerprints and other means of identification 171
of all persons arrested on a charge of a felony, any crime 172
constituting a misdemeanor on the first offense and a felony on 173
subsequent offenses, or a misdemeanor described in division 174
(A)(1)(a) of section 109.572 of the Revised Code and of all 175
5
children under eighteen years of age arrested or otherwise taken 177
into custody for committing an act that would be a felony or an 179
offense of violence if committed by an adult. The superintendent 181
also shall file for record the fingerprint impressions of all 182
persons confined in a county, multicounty, municipal, 183
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 185
residential facility, or state correctional institution for the 186
violation of state laws and of all children under eighteen years 188
of age who are confined in a county, multicounty, municipal, 189
municipal-county, or multicounty-municipal jail or workhouse, 190
community-based correctional facility, halfway house, alternative 191
residential facility, or state correctional institution or in any 193
facility for delinquent children for committing an act that would 195
be a felony or an offense of violence if committed by an adult, 196
and any other information that the superintendent may receive 198
from law enforcement officials of the state and its political 199
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 201
the Revised Code with respect to the registration of persons who 204
are convicted of or plead guilty to a sexually oriented offense 205
and with respect to all other duties imposed on the bureau under 206
that chapter.
(B) The superintendent shall prepare and furnish to every 208
county, multicounty, municipal, municipal-county, or 209
multicounty-municipal jail or workhouse, community-based 210
correctional facility, halfway house, alternative residential 211
facility, or state correctional institution and to every clerk of 212
a court in this state specified in division (A)(2) of this 213
section standard forms for reporting the information required 214
under division (A) of this section. The standard forms that the 216
superintendent prepares pursuant to this division may be in a 217
tangible format, in an electronic format, or in both tangible 218
formats and electronic formats.
6
(C) The superintendent may operate a center for 220
electronic, automated, or other data processing for the storage 221
and retrieval of information, data, and statistics pertaining to 222
criminals and to children under eighteen years of age who are 223
adjudicated delinquent children for committing an act that would 225
be a felony or an offense of violence if committed by an adult, 226
criminal activity, crime prevention, law enforcement, and 229
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 230
data, and statistics for the use of law enforcement agencies. 231
The superintendent may gather, store, retrieve, and disseminate 233
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 234
sections 109.57 to 109.61 of the Revised Code together with 235
information, data, and statistics that pertain to adults and that 236
are gathered pursuant to those sections. 237
(D) The information and materials furnished to the 239
superintendent pursuant to division (A) of this section and 240
information and materials furnished to any board or person under 241
division (F) or (G) of this section are not public records under 242
section 149.43 of the Revised Code. 243
(E) The attorney general shall adopt rules, in accordance 245
with Chapter 119. of the Revised Code, setting forth the 246
procedure by which a person may receive or release information 247
gathered by the superintendent pursuant to division (A) of this 249
section. A reasonable fee may be charged for this service. If a 250
temporary employment service submits a request for a 251
determination of whether a person the service plans to refer to 252
an employment position has been convicted of or pleaded guilty to 253
an offense listed in division (A)(1), (3), (4), or (5) of section 254
109.572 of the Revised Code, the request shall be treated as a 255
single request and only one fee shall be charged. 256
(F)(1) As used in division (F)(2) of this section, "head 258
start agency" means an entity in this state that has been 259
7
approved to be an agency for purposes of subchapter II of the 260
"Community Economic Development Act," 95 Stat. 489 (1981), 42 261
U.S.C.A. 9831, as amended. 262
(2)(a) In addition to or in conjunction with any request 264
that is required to be made under section 109.572, 2151.86, 265
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 266
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 267
education of any school district; any county board of mental 268
retardation and developmental disabilities; any entity under 269
contract with a county board of mental retardation and 270
developmental disabilities; the chief administrator of any 271
chartered nonpublic school; the chief administrator of any home 272
health agency; the chief administrator of or person operating any 273
child day-care center, type A family day-care home, or type B 274
family day-care home licensed or certified under Chapter 5104. of 275
the Revised Code; the administrator of any type C family day-care 276
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 277
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 278
general assembly; the chief administrator of any head start 279
agency; or the executive director of a public children services 280
agency may request that the superintendent of the bureau 281
investigate and determine, with respect to any individual who has 282
applied for employment in any position after October 2, 1989, or 283
any individual wishing to apply for employment with a board of 284
education may request, with regard to the individual, whether the 286
bureau has any information gathered under division (A) of this 287
section that pertains to that individual. On receipt of the 288
request, the superintendent shall determine whether that 289
information exists and, upon request of the person, board, or 290
entity requesting information, also shall request from the 291
federal bureau of investigation any criminal records it has 292
pertaining to that individual. Within thirty days of the date 293
that the superintendent receives a request, the superintendent 295
shall send to the board, entity, or person a report of any 296
8
information that the superintendent determines exists, including 298
information contained in records that have been sealed under 299
section 2953.32 of the Revised Code, and, within thirty days of 300
its receipt, shall send the board, entity, or person a report of 301
any information received from the federal bureau of 302
investigation, other than information the dissemination of which 303
is prohibited by federal law.
(b) When a board of education is required to receive 305
information under this section as a prerequisite to employment of 306
an individual pursuant to section 3319.39 of the Revised Code, it 307
may accept a certified copy of records that were issued by the 309
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 310
district in lieu of requesting that information itself. In such 311
a case, the board shall accept the certified copy issued by the 312
bureau in order to make a photocopy of it for that individual's 313
employment application documents and shall return the certified 314
copy to the individual. In a case of that nature, a district 315
only shall accept a certified copy of records of that nature 316
within one year after the date of their issuance by the bureau. 318
(3) The state board of education may request, with respect 320
to any individual who has applied for employment after October 2, 321
1989, in any position with the state board or the department of 322
education, any information that a school district board of 323
education is authorized to request under division (F)(2) of this 325
section, and the superintendent of the bureau shall proceed as if 326
the request has been received from a school district board of 327
education under division (F)(2) of this section. 328
(4) When the superintendent of the bureau receives a 330
request for information that is authorized under section 3319.291 331
of the Revised Code, the superintendent shall proceed as if the 332
request has been received from a school district board of 333
education under division (F)(2) of this section. 334
(5) WHEN A RECIPIENT OF AN OHIOREADS CLASSROOM OR 337
9
COMMUNITY READING GRANT PAID UNDER SECTION 3301.86 OR 3301.87 OF 339
THE REVISED CODE REQUESTS, WITH RESPECT TO ANY INDIVIDUAL WHO 341
APPLIES TO PARTICIPATE IN PROVIDING ANY PROGRAM OR SERVICE FUNDED 342
IN WHOLE OR IN PART BY THE GRANT, THE INFORMATION THAT A SCHOOL 343
DISTRICT BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER 344
DIVISION (F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE 346
BUREAU SHALL PROCEED AS IF THE REQUEST HAS BEEN RECEIVED FROM A 348
SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF 349
THIS SECTION.
(G) In addition to or in conjunction with any request that 352
is required to be made under section 173.41, 3701.881, 3712.09, 353
3721.121, or 3722.151 of the Revised Code with respect to an 355
individual who has applied for employment in a position that 356
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 357
the PASSPORT program created under section 173.40 of the Revised 358
Code, home health agency, hospice care program, home licensed 360
under Chapter 3721. of the Revised Code, adult day-care program 361
operated pursuant to rules adopted under section 3721.04 of the 362
Revised Code, or adult care facility may request that the 364
superintendent of the bureau investigate and determine, with 365
respect to any individual who has applied after January 27, 1997, 367
for employment in a position that does not involve providing 368
direct care to an older adult, whether the bureau has any 369
information gathered under division (A) of this section that 370
pertains to that individual. On receipt of the request, the 371
superintendent shall determine whether that information exists 372
and, on request of the administrator requesting information, 373
shall also request from the federal bureau of investigation any 374
criminal records it has pertaining to that individual. Within 375
thirty days of the date a request is received, the superintendent 376
shall send to the administrator a report of any information 378
determined to exist, including information contained in records 379
that have been sealed under section 2953.32 of the Revised Code, 380
10
and, within thirty days of its receipt, shall send the 381
administrator a report of any information received from the 382
federal bureau of investigation, other than information the 383
dissemination of which is prohibited by federal law. 384
(H) Information obtained by a board, administrator, or 387
other person under this section is confidential and shall not be 388
released or disseminated.
(I) The superintendent may charge a reasonable fee for 390
providing information or criminal records under division (F)(2) 391
or (G) of this section. 392
Sec. 3301.85. THE OHIOREADS OFFICE IS HEREBY ESTABLISHED 395
WITHIN THE DEPARTMENT OF EDUCATION. THE OFFICE SHALL BE UNDER 396
THE SUPERVISION OF AN EXECUTIVE DIRECTOR, WHO SHALL BE APPOINTED 397
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, WITH THE ADVICE AND 398
CONSENT OF THE OHIOREADS COUNCIL. THE EXECUTIVE DIRECTOR SHALL 400
SERVE AT THE PLEASURE OF AND REPORT TO THE SUPERINTENDENT, BUT 401
SHALL DISCHARGE THE POSITION ACCORDING TO GUIDELINES ISSUED BY 402
THE COUNCIL AND SHALL PERFORM ANY TASK DESIGNATED BY THE COUNCIL. 404
THE EXECUTIVE DIRECTOR SHALL DEVOTE FULL TIME TO THE DUTIES OF 406
THAT POSITION AND SHALL HOLD NO OTHER POSITION WITHIN THE 407
DEPARTMENT. THE SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR THE 410
OFFICE. THE DEPARTMENT SHALL PROVIDE THE EXECUTIVE DIRECTOR AND
ANY ADDITIONAL STAFF HIRED BY THE SUPERINTENDENT WITH OFFICES 411
WITHIN THE DEPARTMENT'S OFFICE SPACE. 413
Sec. 3301.86. THE OHIOREADS CLASSROOM READING GRANTS 417
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 418
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 419
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 420
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 421
PAY THE GRANTS AWARDED BY THE COUNCIL. 422
Sec. 3301.87. THE OHIOREADS COMMUNITY READING GRANTS 424
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 426
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 428
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 430
11
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 431
PAY THE GRANTS AWARDED BY THE COUNCIL. 432
Sec. 3301.88. (A) A RECIPIENT OF A GRANT UNDER SECTION 434
3301.86 OR 3301.87 OF THE REVISED CODE MAY REQUEST FROM THE 436
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION A CRIMINAL 437
RECORDS CHECK ON ANY INDIVIDUAL, OTHER THAN AN INDIVIDUAL 439
DESCRIBED IN DIVISION (B) OF THIS SECTION, WHO APPLIES TO 440
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 441
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. IF A RECIPIENT 442
ELECTS TO REQUEST A CRIMINAL RECORDS CHECK, THE REQUEST SHALL 443
CONSIST OF A REQUEST FOR THE INFORMATION A SCHOOL DISTRICT BOARD 447
OF EDUCATION MAY REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 449
109.57 OF THE REVISED CODE AND SHALL BE ACCOMPANIED BY ONE OF THE 450
FOLLOWING IDENTIFICATION OPTIONS:
(1) THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED BY 452
THE BUREAU UNDER DIVISION (C) OF SECTION 109.572 OF THE REVISED 453
CODE;
(2) A FORM PRESCRIBED BY THE BUREAU ON WHICH IS SPECIFIED 455
THE INDIVIDUAL'S NAME, SOCIAL SECURITY NUMBER, AND DATE OF BIRTH. 456
(B) A GRANT RECIPIENT SHALL NOT REQUEST A CRIMINAL RECORDS 458
CHECK UNDER DIVISION (A) OF THIS SECTION WITH RESPECT TO ANY 461
INDIVIDUAL WHO FURNISHES THE GRANT RECIPIENT WITH A CERTIFIED 462
COPY OF A REPORT OF A CRIMINAL RECORDS CHECK COMPLETED BY THE
BUREAU WITHIN ONE YEAR PRIOR TO APPLYING TO PARTICIPATE IN 464
PROVIDING PROGRAMS OR SERVICES UNDER AN OHIOREADS GRANT. 466
(C) EXCEPT AS PROVIDED IN RULES ADOPTED UNDER DIVISION 469
(G)(2) OF THIS SECTION, A GRANT RECIPIENT SHALL NOT ALLOW AN
INDIVIDUAL TO PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY 472
PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT IF THE 473
INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU
INDICATES THAT THE INDIVIDUAL HAS EVER PLEADED GUILTY TO OR BEEN 475
FOUND GUILTY BY A JURY OR COURT OF ANY OF THE FOLLOWING:
(1) A FELONY; 477
(2) A VIOLATION OF SECTION 2903.16, 2903.34, 2905.05, 480
12
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
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) A GRANT RECIPIENT THAT ELECTS TO REQUEST CRIMINAL 506
RECORDS CHECKS MAY CONDITIONALLY ALLOW AN INDIVIDUAL TO 507
PARTICIPATE IN PROVIDING PROGRAMS OR SERVICES DIRECTLY TO 508
CHILDREN UNTIL THE CRIMINAL RECORDS CHECK IS COMPLETED AND THE 509
GRANT RECIPIENT RECEIVES THE RESULTS. IF THE RESULTS OF THE 510
CRIMINAL RECORDS CHECK INDICATE THAT THE INDIVIDUAL HAS BEEN 511
CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED IN DIVISION 512
(C) OF THIS SECTION, THE GRANT RECIPIENT SHALL NOT ALLOW THE 513
INDIVIDUAL TO FURTHER PARTICIPATE IN PROVIDING DIRECTLY TO 514
CHILDREN ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE 515
GRANT, EXCEPT AS PROVIDED IN THE RULES ADOPTED UNDER DIVISION 516
(G)(2) OF THIS SECTION.
(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED IN 518
ACCORDANCE WITH DIVISION (F)(5) OF SECTION 109.57 OF THE REVISED 520
CODE PURSUANT TO A REQUEST UNDER THIS SECTION IS NOT A PUBLIC 522
RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE. THE 523
REPORT SHALL NOT BE MADE AVAILABLE TO ANY PERSON OTHER THAN THE 524
INDIVIDUAL WHO IS THE SUBJECT OF THE CRIMINAL RECORDS CHECK OR 525
13
THE INDIVIDUAL'S REPRESENTATIVE, THE GRANT RECIPIENT OR THE GRANT 526
RECIPIENT'S REPRESENTATIVE, AND ANY COURT, HEARING OFFICER, OR 527
OTHER NECESSARY INDIVIDUAL IN A CASE DEALING WITH THE DENIAL OF 528
THE INDIVIDUAL'S PARTICIPATION IN A PROGRAM OR SERVICE FUNDED BY 529
AN OHIOREADS GRANT.
(F) THE OHIOREADS OFFICE SHALL REIMBURSE EACH GRANT 532
RECIPIENT FOR EACH CRIMINAL RECORDS CHECK THE ACTUAL AMOUNT PAID 534
BY THE GRANT RECIPIENT FOR THE PORTION OF THE CRIMINAL RECORDS 535
CHECK CONDUCTED BY THE BUREAU OF CRIMINAL IDENTIFICATION AND 537
INVESTIGATION. REIMBURSEMENT SHALL BE PAID UNDER THIS DIVISION 538
ONLY FOR CRIMINAL RECORDS CHECKS ON INDIVIDUALS WHO APPLY TO 540
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 541
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. TO RECEIVE IT, 542
THE GRANT RECIPIENT MUST SUBMIT INFORMATION TO THE OFFICE IN THE 543
FORM AND MANNER REQUIRED BY THE OFFICE. THE REIMBURSEMENT IS IN 544
ADDITION TO THE GRANT AWARDED TO THE RECIPIENT UNDER SECTION 545
3301.86 OR 3301.87 OF THE REVISED CODE. 546
(G) THE DEPARTMENT OF EDUCATION SHALL ADOPT RULES IN 548
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE: 549
(1) PRESCRIBING THE FORM AND MANNER IN WHICH GRANT 551
RECIPIENTS MUST SUBMIT INFORMATION TO THE OHIOREADS OFFICE TO 552
RECEIVE REIMBURSEMENT UNDER DIVISION (F) OF THIS SECTION; 553
(2) SPECIFYING CIRCUMSTANCES UNDER WHICH A GRANT RECIPIENT 555
MAY ALLOW AN INDIVIDUAL WHOSE CRIMINAL RECORDS CHECK REPORT 556
INDICATES THAT THE INDIVIDUAL HAS BEEN CONVICTED OF OR PLEADED 557
GUILTY TO AN OFFENSE LISTED IN DIVISION (C) OF THIS SECTION, BUT 558
WHO MEETS STANDARDS IN REGARD TO REHABILITATION SET FORTH IN THE 559
RULES, TO PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY 560
PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. 561
Sec. 3301.90. THE OHIOREADS COUNCIL IS HEREBY ESTABLISHED. 564
THE COUNCIL SHALL CONSIST OF SEVEN VOTING MEMBERS, AS FOLLOWS: 565
(A) FIVE PERSONS APPOINTED BY THE GOVERNOR, ONE OF WHOM 568
SHALL BE A PRACTICING READING SPECIALIST AND ONE OF WHOM SHALL 569
REPRESENT A COLLEGE OF EDUCATION IN THIS STATE; 570
14
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE 573
DIRECTOR'S DESIGNEE;
(C) THE SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THE 576
SUPERINTENDENT'S DESIGNEE.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 578
TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, EACH FROM A 579
DIFFERENT POLITICAL PARTY, TO SERVE AS NONVOTING MEMBERS OF THE 580
COUNCIL. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 581
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, TO SERVE AS 582
NONVOTING MEMBERS OF THE COUNCIL. 583
THE FIVE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT 585
THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT 586
SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY 587
THE GOVERNOR. THE READING SPECIALIST SHALL SUFFER NO LOSS OF 590
COMPENSATION OR OTHER BENEFIT BECAUSE OF ABSENCE FROM REGULAR
EMPLOYMENT TO ATTEND THE COUNCIL'S MEETINGS. 592
THE NONVOTING LEGISLATIVE MEMBERS SHALL SERVE AT THE 594
PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER WHO 596
CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH THE 597
MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COUNCIL. 598
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL ANY 599
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY 600
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE SENATE. A 602
LEGISLATIVE MEMBER MAY DESIGNATE A MEMBER OF THE SAME LEGISLATIVE 603
HOUSE AND THE SAME POLITICAL PARTY TO ATTEND COUNCIL MEETINGS IN 604
THAT MEMBER'S PLACE.
THE GOVERNOR SHALL APPOINT ONE VOTING MEMBER OF THE COUNCIL 606
TO SERVE AS CHAIRPERSON. 607
THE COUNCIL SHALL MEET AT LEAST FOUR TIMES PER YEAR TO 609
CONDUCT ITS BUSINESS. THE COUNCIL MAY MEET MORE OFTEN AT THE 610
CALL OF ITS CHAIRPERSON. 611
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT THE 613
VOTING MEMBERS SHALL BE REIMBURSED BY THE DEPARTMENT OF EDUCATION 614
15
FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMING 615
THEIR OFFICIAL DUTIES.
Sec. 3301.91. (A) THE OHIOREADS COUNCIL'S 619
RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 620
(1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF 622
PUBLIC INSTRUCTION'S APPOINTMENTS TO THE POSITION OF EXECUTIVE 623
DIRECTOR OF THE OHIOREADS OFFICE; 624
(2) EVALUATING THE EFFECTIVENESS OF THE OHIOREADS 628
INITIATIVE ESTABLISHED BY THIS SECTION AND SECTIONS 3301.86 AND 629
3301.87 OF THE REVISED CODE AND CONDUCTING ANNUAL EVALUATIONS 631
BEGINNING IN FISCAL YEAR 2002; 632
(3) DEVELOPING A STRATEGIC PLAN FOR IDENTIFYING, 634
RECRUITING, TRAINING, QUALIFYING, AND PLACING VOLUNTEERS FOR THE 635
OHIOREADS INITIATIVE; 637
(4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM 639
READING GRANTS UNDER SECTION 3301.86 OF THE REVISED CODE AND 642
COMMUNITY READING GRANTS UNDER SECTION 3301.87 OF THE REVISED 645
CODE, INCLUDING ELIGIBILITY CRITERIA, GRANT AMOUNTS, PURPOSES FOR 646
WHICH GRANTS MAY BE USED, AND ADMINISTRATIVE, PROGRAMMATIC, AND 647
REPORTING REQUIREMENTS; 648
(5) AWARDING CLASSROOM READING GRANTS AND COMMUNITY 650
READING GRANTS TO BE PAID BY THE OHIOREADS OFFICE UNDER SECTIONS 651
3301.86 AND 3301.87 OF THE REVISED CODE; 653
(6) ESTABLISHING GUIDELINES FOR AND OVERSEEING THE GENERAL 655
RESPONSIBILITIES AND MISSION OF THE EXECUTIVE DIRECTOR OF THE 657
OHIOREADS OFFICE. 658
(B) IN PERFORMING ITS DUTIES, THE COUNCIL SHALL, TO THE 661
EXTENT PRACTICABLE:
(1) GIVE PRIMARY CONSIDERATION TO THE SAFETY AND 663
WELL-BEING OF CHILDREN PARTICIPATING IN THE OHIOREADS INITIATIVE; 664
(2) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING 666
OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST 667
ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE 670
REVISED CODE; 671
16
(3) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE 673
RESOURCES TO LEVERAGE OHIOREADS RESOURCES AND RELATED PROGRAMS; 676
(4) FOCUS ON EARLY READING INTERVENTION STRATEGIES, 678
PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT; 679
(5) GIVE PRIORITY TO PROGRAMS RECOGNIZED AS PROMISING 682
EDUCATIONAL PRACTICES FOR ACCELERATING STUDENT ACHIEVEMENT, 684
INCLUDING, BUT NOT LIMITED TO, PROGRAMS PRIMARILY USING 685
VOLUNTEERS AND PROGRAMS THAT MAY HAVE BEEN REVIEWED BY THE
EDUCATION COMMISSION OF THE STATES. 686
Sec. 3301.92. THE OHIOREADS OFFICE SHALL PROVIDE THE 690
OHIOREADS COUNCIL WITH STAFF, ADMINISTRATIVE SUPPORT, AND OTHER 691
RESOURCES REQUESTED BY THE COUNCIL. 692
Section 2. That existing section 109.57 of the Revised 695
Code is hereby repealed. 696
Section 3. (A) Sections 3301.90, 3301.91, and 3301.92 of 698
the Revised Code are hereby repealed, effective July 1, 2004. 699
(B) The OhioReads Council is not subject to section 101.84 701
of the Revised Code. The Council expires on July 1, 2004, as 702
provided in division (A) of this section, and not on the date 703
otherwise prescribed by section 101.84 of the Revised Code. 704
(C) Not later than January 1, 2004, the Director of Budget 706
and Management shall submit a written recommendation to the 707
Governor, the Speaker of the House of Representatives, and the 708
President of the Senate of a governmental entity to assume the 710
duties of the OhioReads Council beginning July 1, 2004, if the 711
General Assembly does not continue the Council's existence. 712
Section 4. The OhioReads Council shall collaborate with 714
the Department of Education and the Ohio Board of Regents to 715
review the universities and colleges approved by the State Board 718
of Education under section 3319.23 of the Revised Code for the 719
preparation of teachers to determine the current capability of 720
each to serve as a resource center to support the OhioReads 721
Initiative. The review criteria may include, but need not be 722
limited to, the following: 723
17
(A) Developmentally appropriate practices used by faculty 725
in pre-service and in-service education; 726
(B) Knowledge of and experience with the recommendations 728
of the National Reading Association and the National Association 729
for the Education of Young Children; 730
(C) Membership in literacy-related professional 732
organizations;
(D) Facility capacity to house the resource center; 734
(E) Institutional support; 736
(F) Electronic connectivity to the Ohio Education Computer 738
Network; 739
(G) Infrastructure to deliver video distance learning. 741
No later than January 1, 2000, the Council shall submit a 743
report of its review and any recommendations to the Governor, the 744
Speaker of the House of Representatives, the President of the 745
Senate, the Chancellor of the Ohio Board of Regents, and the 746
Superintendent of Public Instruction. 747
Section 5. This act is hereby declared to be an emergency 749
measure necessary for the immediate preservation of the public 751
peace, health, and safety. The reason for this necessity is that 753
its immediate enactment will permit an expeditious organization 754
of the OhioReads Initiative so that it will be ready to help
Ohio's children learn to read when the General Assembly 756
appropriates the funding. Therefore, this act shall go into 757
immediate effect.