As Reported by the Senate 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-DePIERO- 18
BARNES-PRINGLE-LUCAS-ROBERTS-SUTTON-MAIER-JERSE- 19
D.MILLER-BRITTON-SYKES-PETERSON-SENATORS KEARNS- 20
GARDNER-PRENTISS-CUPP-MUMPER-SCHAFRATH 21
_________________________________________________________________ 23
A B I L L
To amend section 109.57 and to enact sections 25
3301.85 to 3301.88 and 3301.90 to 3301.92 of the 26
Revised Code to implement the OhioReads
initiative through the creation of classroom and 27
community reading grants; to establish the 28
OhioReads Office and the OhioReads Council; to
abolish the Council on July 1, 2004, by repealing 29
sections 3301.90, 3301.91, and 3301.92 of the 30
Revised Code on that date; and to declare an 31
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That section 109.57 be amended and sections 35
3301.85, 3301.86, 3301.87, 3301.88, 3301.90, 3301.91, and 3301.92 37
2
of the Revised Code be enacted to read as follows: 38
Sec. 109.57. (A)(1) The superintendent of the bureau of 47
criminal identification and investigation shall procure from 48
wherever procurable and file for record photographs, pictures, 50
descriptions, fingerprints, measurements, and other information 51
that may be pertinent of all persons who have been convicted of 52
committing within this state a felony, any crime constituting a 54
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 56
section 109.572 of the Revised Code, of all children under 57
eighteen years of age who have been adjudicated delinquent 58
children for committing within this state an act that would be a 59
felony or an offense of violence if committed by an adult or who 60
have been convicted of or pleaded guilty to committing within 62
this state a felony or an offense of violence, and of all 63
well-known and habitual criminals. The person in charge of any 65
county, multicounty, municipal, municipal-county, or 66
multicounty-municipal jail or workhouse, community-based 67
correctional facility, halfway house, alternative residential 68
facility, or state correctional institution and the person in 69
charge of any state institution having custody of a person 70
suspected of having committed a felony, any crime constituting a 72
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 74
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 75
probable cause to believe that the child may have committed an 77
act that would be a felony or an offense of violence if committed 79
by an adult shall furnish such material to the superintendent of 81
the bureau. Fingerprints, photographs, or other descriptive 83
information of a child who is under eighteen years of age, has 84
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 86
committed by an adult, has not been adjudicated a delinquent 87
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child for committing an act that would be a felony or an offense 88
of violence if committed by an adult, has not been convicted of 89
or pleaded guilty to committing a felony or an offense of 92
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 94
act that would be a felony or an offense of violence if committed 96
by an adult shall not be procured by the superintendent or 97
furnished by any person in charge of any county, multicounty, 99
municipal, municipal-county, or multicounty-municipal jail or 100
workhouse, community-based correctional facility, halfway house, 101
alternative residential facility, or state correctional 102
institution, except as authorized in section 2151.313 of the 103
Revised Code.
(2) Every clerk of a court of record in this state, other 106
than the supreme court or a court of appeals, shall send to the 107
superintendent of the bureau a weekly report containing a summary 109
of each case involving a felony, involving any crime constituting 110
a misdemeanor on the first offense and a felony on subsequent 112
offenses, involving a misdemeanor described in division (A)(1)(a) 113
of section 109.572 of the Revised Code, or involving an 114
adjudication that a child under eighteen years of age is a 115
delinquent child for committing an act that would be a felony or 118
an offense of violence if committed by an adult. The clerk of 120
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 121
divisions (A)(2)(a) to (f) of this section regarding a case 123
before the court of appeals that is served by that clerk. The 124
summary shall be written on the standard forms furnished by the 125
superintendent pursuant to division (B) of this section and shall 126
include the following information: 127
(a) The incident tracking number contained on the standard 129
forms furnished by the superintendent pursuant to division (B) of 130
this section; 131
(b) The style and number of the case; 133
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(c) The date of arrest; 135
(d) The date that the person was convicted of or pleaded 137
guilty to the offense, adjudicated a delinquent child for 138
committing the act that would be a felony or an offense of 141
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 142
act that would be a felony or an offense of violence if committed 145
by an adult, the date of an entry dismissing the charge, an entry 147
declaring a mistrial of the offense in which the person is 148
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 149
date of any other determination that constitutes final resolution 150
of the case;
(e) A statement of the original charge with the section of 152
the Revised Code that was alleged to be violated; 153
(f) If the person or child was convicted, pleaded guilty, 155
or was adjudicated a delinquent child, the sentence or terms of 157
probation imposed or any other disposition of the offender or the 158
delinquent child.
If the offense involved the disarming of a law enforcement 160
officer or an attempt to disarm a law enforcement officer, the 161
clerk shall clearly state that fact in the summary, and the 162
superintendent shall ensure that a clear statement of that fact 163
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 165
sheriffs, chiefs of police, and other law enforcement officers in 167
the establishment of a complete system of criminal identification 168
and in obtaining fingerprints and other means of identification 169
of all persons arrested on a charge of a felony, any crime 170
constituting a misdemeanor on the first offense and a felony on 171
subsequent offenses, or a misdemeanor described in division 172
(A)(1)(a) of section 109.572 of the Revised Code and of all 173
children under eighteen years of age arrested or otherwise taken 175
into custody for committing an act that would be a felony or an 177
5
offense of violence if committed by an adult. The superintendent 179
also shall file for record the fingerprint impressions of all 180
persons confined in a county, multicounty, municipal, 181
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 183
residential facility, or state correctional institution for the 184
violation of state laws and of all children under eighteen years 186
of age who are confined in a county, multicounty, municipal, 187
municipal-county, or multicounty-municipal jail or workhouse, 188
community-based correctional facility, halfway house, alternative 189
residential facility, or state correctional institution or in any 191
facility for delinquent children for committing an act that would 193
be a felony or an offense of violence if committed by an adult, 194
and any other information that the superintendent may receive 196
from law enforcement officials of the state and its political 197
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 199
the Revised Code with respect to the registration of persons who 202
are convicted of or plead guilty to a sexually oriented offense 203
and with respect to all other duties imposed on the bureau under 204
that chapter.
(B) The superintendent shall prepare and furnish to every 206
county, multicounty, municipal, municipal-county, or 207
multicounty-municipal jail or workhouse, community-based 208
correctional facility, halfway house, alternative residential 209
facility, or state correctional institution and to every clerk of 210
a court in this state specified in division (A)(2) of this 211
section standard forms for reporting the information required 212
under division (A) of this section. The standard forms that the 214
superintendent prepares pursuant to this division may be in a 215
tangible format, in an electronic format, or in both tangible 216
formats and electronic formats.
(C) The superintendent may operate a center for 218
electronic, automated, or other data processing for the storage 219
6
and retrieval of information, data, and statistics pertaining to 220
criminals and to children under eighteen years of age who are 221
adjudicated delinquent children for committing an act that would 223
be a felony or an offense of violence if committed by an adult, 224
criminal activity, crime prevention, law enforcement, and 227
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 228
data, and statistics for the use of law enforcement agencies. 229
The superintendent may gather, store, retrieve, and disseminate 231
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 232
sections 109.57 to 109.61 of the Revised Code together with 233
information, data, and statistics that pertain to adults and that 234
are gathered pursuant to those sections. 235
(D) The information and materials furnished to the 237
superintendent pursuant to division (A) of this section and 238
information and materials furnished to any board or person under 239
division (F) or (G) of this section are not public records under 240
section 149.43 of the Revised Code. 241
(E) The attorney general shall adopt rules, in accordance 243
with Chapter 119. of the Revised Code, setting forth the 244
procedure by which a person may receive or release information 245
gathered by the superintendent pursuant to division (A) of this 247
section. A reasonable fee may be charged for this service. If a 248
temporary employment service submits a request for a 249
determination of whether a person the service plans to refer to 250
an employment position has been convicted of or pleaded guilty to 251
an offense listed in division (A)(1), (3), (4), or (5) of section 252
109.572 of the Revised Code, the request shall be treated as a 253
single request and only one fee shall be charged. 254
(F)(1) As used in division (F)(2) of this section, "head 256
start agency" means an entity in this state that has been 257
approved to be an agency for purposes of subchapter II of the 258
"Community Economic Development Act," 95 Stat. 489 (1981), 42 259
7
U.S.C.A. 9831, as amended. 260
(2)(a) In addition to or in conjunction with any request 262
that is required to be made under section 109.572, 2151.86, 263
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 264
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 265
education of any school district; any county board of mental 266
retardation and developmental disabilities; any entity under 267
contract with a county board of mental retardation and 268
developmental disabilities; the chief administrator of any 269
chartered nonpublic school; the chief administrator of any home 270
health agency; the chief administrator of or person operating any 271
child day-care center, type A family day-care home, or type B 272
family day-care home licensed or certified under Chapter 5104. of 273
the Revised Code; the administrator of any type C family day-care 274
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 275
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 276
general assembly; the chief administrator of any head start 277
agency; or the executive director of a public children services 278
agency may request that the superintendent of the bureau 279
investigate and determine, with respect to any individual who has 280
applied for employment in any position after October 2, 1989, or 281
any individual wishing to apply for employment with a board of 282
education may request, with regard to the individual, whether the 284
bureau has any information gathered under division (A) of this 285
section that pertains to that individual. On receipt of the 286
request, the superintendent shall determine whether that 287
information exists and, upon request of the person, board, or 288
entity requesting information, also shall request from the 289
federal bureau of investigation any criminal records it has 290
pertaining to that individual. Within thirty days of the date 291
that the superintendent receives a request, the superintendent 293
shall send to the board, entity, or person a report of any 294
information that the superintendent determines exists, including 296
information contained in records that have been sealed under 297
8
section 2953.32 of the Revised Code, and, within thirty days of 298
its receipt, shall send the board, entity, or person a report of 299
any information received from the federal bureau of 300
investigation, other than information the dissemination of which 301
is prohibited by federal law.
(b) When a board of education is required to receive 303
information under this section as a prerequisite to employment of 304
an individual pursuant to section 3319.39 of the Revised Code, it 305
may accept a certified copy of records that were issued by the 307
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 308
district in lieu of requesting that information itself. In such 309
a case, the board shall accept the certified copy issued by the 310
bureau in order to make a photocopy of it for that individual's 311
employment application documents and shall return the certified 312
copy to the individual. In a case of that nature, a district 313
only shall accept a certified copy of records of that nature 314
within one year after the date of their issuance by the bureau. 316
(3) The state board of education may request, with respect 318
to any individual who has applied for employment after October 2, 319
1989, in any position with the state board or the department of 320
education, any information that a school district board of 321
education is authorized to request under division (F)(2) of this 323
section, and the superintendent of the bureau shall proceed as if 324
the request has been received from a school district board of 325
education under division (F)(2) of this section. 326
(4) When the superintendent of the bureau receives a 328
request for information that is authorized under section 3319.291 329
of the Revised Code, the superintendent shall proceed as if the 330
request has been received from a school district board of 331
education under division (F)(2) of this section. 332
(5) WHEN A RECIPIENT OF AN OHIOREADS CLASSROOM OR 335
COMMUNITY READING GRANT PAID UNDER SECTION 3301.86 OR 3301.87 OF 337
THE REVISED CODE REQUESTS, WITH RESPECT TO ANY INDIVIDUAL WHO 339
9
APPLIES TO PARTICIPATE IN PROVIDING ANY PROGRAM OR SERVICE FUNDED 340
IN WHOLE OR IN PART BY THE GRANT, THE INFORMATION THAT A SCHOOL 341
DISTRICT BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER 342
DIVISION (F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE 344
BUREAU SHALL PROCEED AS IF THE REQUEST HAS BEEN RECEIVED FROM A 346
SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF 347
THIS SECTION.
(G) In addition to or in conjunction with any request that 350
is required to be made under section 173.41, 3701.881, 3712.09, 351
3721.121, or 3722.151 of the Revised Code with respect to an 353
individual who has applied for employment in a position that 354
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 355
the PASSPORT program created under section 173.40 of the Revised 356
Code, home health agency, hospice care program, home licensed 358
under Chapter 3721. of the Revised Code, adult day-care program 359
operated pursuant to rules adopted under section 3721.04 of the 360
Revised Code, or adult care facility may request that the 362
superintendent of the bureau investigate and determine, with 363
respect to any individual who has applied after January 27, 1997, 365
for employment in a position that does not involve providing 366
direct care to an older adult, whether the bureau has any 367
information gathered under division (A) of this section that 368
pertains to that individual. On receipt of the request, the 369
superintendent shall determine whether that information exists 370
and, on request of the administrator requesting information, 371
shall also request from the federal bureau of investigation any 372
criminal records it has pertaining to that individual. Within 373
thirty days of the date a request is received, the superintendent 374
shall send to the administrator a report of any information 376
determined to exist, including information contained in records 377
that have been sealed under section 2953.32 of the Revised Code, 378
and, within thirty days of its receipt, shall send the 379
administrator a report of any information received from the 380
10
federal bureau of investigation, other than information the 381
dissemination of which is prohibited by federal law. 382
(H) Information obtained by a board, administrator, or 385
other person under this section is confidential and shall not be 386
released or disseminated.
(I) The superintendent may charge a reasonable fee for 388
providing information or criminal records under division (F)(2) 389
or (G) of this section. 390
Sec. 3301.85. THE OHIOREADS OFFICE IS HEREBY ESTABLISHED 393
WITHIN THE DEPARTMENT OF EDUCATION. THE OFFICE SHALL BE UNDER 394
THE SUPERVISION OF AN EXECUTIVE DIRECTOR, WHO SHALL BE APPOINTED 395
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, WITH THE ADVICE AND 396
CONSENT OF THE OHIOREADS COUNCIL. THE EXECUTIVE DIRECTOR SHALL 398
SERVE AT THE PLEASURE OF AND REPORT TO THE SUPERINTENDENT, BUT 399
SHALL DISCHARGE THE POSITION ACCORDING TO GUIDELINES ISSUED BY 400
THE COUNCIL AND SHALL PERFORM ANY TASK DESIGNATED BY THE COUNCIL. 402
THE EXECUTIVE DIRECTOR SHALL DEVOTE FULL TIME TO THE DUTIES OF 404
THAT POSITION AND SHALL HOLD NO OTHER POSITION WITHIN THE 405
DEPARTMENT. THE SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR THE 408
OFFICE. THE DEPARTMENT SHALL PROVIDE THE EXECUTIVE DIRECTOR AND
ANY ADDITIONAL STAFF HIRED BY THE SUPERINTENDENT WITH OFFICES 409
WITHIN THE DEPARTMENT'S OFFICE SPACE. 411
Sec. 3301.86. THE OHIOREADS CLASSROOM READING GRANTS 415
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 416
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 417
ESTABLISHES UNDER SECTION 3301.91 OF THE REVISED CODE. THE 418
OHIOREADS OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL 419
PAY THE GRANTS AWARDED BY THE COUNCIL. 420
Sec. 3301.87. THE OHIOREADS COMMUNITY READING GRANTS 422
PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD 424
GRANTS UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT 426
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
11
Sec. 3301.88. (A) A RECIPIENT OF A GRANT UNDER SECTION 432
3301.86 OR 3301.87 OF THE REVISED CODE MAY REQUEST FROM THE 434
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION A CRIMINAL 435
RECORDS CHECK ON ANY INDIVIDUAL, OTHER THAN AN INDIVIDUAL 437
DESCRIBED IN DIVISION (B) OF THIS SECTION, WHO APPLIES TO 438
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 439
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. IF A RECIPIENT 440
ELECTS TO REQUEST A CRIMINAL RECORDS CHECK, THE REQUEST SHALL 441
CONSIST OF A REQUEST FOR THE INFORMATION A SCHOOL DISTRICT BOARD 445
OF EDUCATION MAY REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 447
109.57 OF THE REVISED CODE AND SHALL BE ACCOMPANIED BY ONE OF THE 448
FOLLOWING IDENTIFICATION OPTIONS:
(1) THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED BY 450
THE BUREAU UNDER DIVISION (C) OF SECTION 109.572 OF THE REVISED 451
CODE;
(2) A FORM PRESCRIBED BY THE BUREAU ON WHICH IS SPECIFIED 453
THE INDIVIDUAL'S NAME, SOCIAL SECURITY NUMBER, AND DATE OF BIRTH. 454
(B) A GRANT RECIPIENT SHALL NOT REQUEST A CRIMINAL RECORDS 456
CHECK UNDER DIVISION (A) OF THIS SECTION WITH RESPECT TO ANY 459
INDIVIDUAL WHO FURNISHES THE GRANT RECIPIENT WITH A CERTIFIED 460
COPY OF A REPORT OF A CRIMINAL RECORDS CHECK COMPLETED BY THE
BUREAU WITHIN ONE YEAR PRIOR TO APPLYING TO PARTICIPATE IN 462
PROVIDING PROGRAMS OR SERVICES UNDER AN OHIOREADS GRANT. 464
(C) EXCEPT AS PROVIDED IN RULES ADOPTED UNDER DIVISION 467
(G)(2) OF THIS SECTION, A GRANT RECIPIENT SHALL NOT ALLOW AN
INDIVIDUAL TO PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY 470
PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT IF THE 471
INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU
INDICATES THAT THE INDIVIDUAL HAS EVER PLEADED GUILTY TO OR BEEN 473
FOUND GUILTY BY A JURY OR COURT OF ANY OF THE FOLLOWING:
(1) A FELONY; 475
(2) A VIOLATION OF SECTION 2903.16, 2903.34, 2905.05, 478
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 479
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, OR 3716.11 OF THE 481
12
REVISED CODE; A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE 482
AS IT EXISTED PRIOR TO JULY 1, 1996; OR A VIOLATION OF SECTION 483
2919.23 OF THE REVISED CODE THAT WOULD HAVE BEEN A VIOLATION OF 485
SECTION 2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 487
1, 1996, HAD IT BEEN COMMITTED PRIOR TO THAT DATE; 488
(3) AN OFFENSE OF VIOLENCE; 490
(4) A THEFT OFFENSE, AS DEFINED IN SECTION 2913.01 OF THE 492
REVISED CODE; 493
(5) A DRUG ABUSE OFFENSE, AS DEFINED IN SECTION 2925.01 OF 495
THE REVISED CODE; 496
(6) A VIOLATION OF AN EXISTING OR FORMER ORDINANCE OF A 498
MUNICIPAL CORPORATION OR LAW OF THE UNITED STATES OR ANOTHER 500
STATE THAT IS SUBSTANTIVELY COMPARABLE TO AN OFFENSE LISTED IN 502
DIVISIONS (C)(1) TO (5) OF THIS SECTION.
(D) A GRANT RECIPIENT THAT ELECTS TO REQUEST CRIMINAL 504
RECORDS CHECKS MAY CONDITIONALLY ALLOW AN INDIVIDUAL TO 505
PARTICIPATE IN PROVIDING PROGRAMS OR SERVICES DIRECTLY TO 506
CHILDREN UNTIL THE CRIMINAL RECORDS CHECK IS COMPLETED AND THE 507
GRANT RECIPIENT RECEIVES THE RESULTS. IF THE RESULTS OF THE 508
CRIMINAL RECORDS CHECK INDICATE THAT THE INDIVIDUAL HAS BEEN 509
CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED IN DIVISION 510
(C) OF THIS SECTION, THE GRANT RECIPIENT SHALL NOT ALLOW THE 511
INDIVIDUAL TO FURTHER PARTICIPATE IN PROVIDING DIRECTLY TO 512
CHILDREN ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE 513
GRANT, EXCEPT AS PROVIDED IN THE RULES ADOPTED UNDER DIVISION 514
(G)(2) OF THIS SECTION.
(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED IN 516
ACCORDANCE WITH DIVISION (F)(5) OF SECTION 109.57 OF THE REVISED 518
CODE PURSUANT TO A REQUEST UNDER THIS SECTION IS NOT A PUBLIC 520
RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE. THE 521
REPORT SHALL NOT BE MADE AVAILABLE TO ANY PERSON OTHER THAN THE 522
INDIVIDUAL WHO IS THE SUBJECT OF THE CRIMINAL RECORDS CHECK OR 523
THE INDIVIDUAL'S REPRESENTATIVE, THE GRANT RECIPIENT OR THE GRANT 524
RECIPIENT'S REPRESENTATIVE, AND ANY COURT, HEARING OFFICER, OR 525
13
OTHER NECESSARY INDIVIDUAL IN A CASE DEALING WITH THE DENIAL OF 526
THE INDIVIDUAL'S PARTICIPATION IN A PROGRAM OR SERVICE FUNDED BY 527
AN OHIOREADS GRANT.
(F) THE OHIOREADS OFFICE SHALL REIMBURSE EACH GRANT 530
RECIPIENT FOR EACH CRIMINAL RECORDS CHECK THE ACTUAL AMOUNT PAID 532
BY THE GRANT RECIPIENT FOR THE PORTION OF THE CRIMINAL RECORDS 533
CHECK CONDUCTED BY THE BUREAU OF CRIMINAL IDENTIFICATION AND 535
INVESTIGATION. REIMBURSEMENT SHALL BE PAID UNDER THIS DIVISION 536
ONLY FOR CRIMINAL RECORDS CHECKS ON INDIVIDUALS WHO APPLY TO 538
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 539
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. TO RECEIVE IT, 540
THE GRANT RECIPIENT MUST SUBMIT INFORMATION TO THE OFFICE IN THE 541
FORM AND MANNER REQUIRED BY THE OFFICE. THE REIMBURSEMENT IS IN 542
ADDITION TO THE GRANT AWARDED TO THE RECIPIENT UNDER SECTION 543
3301.86 OR 3301.87 OF THE REVISED CODE. 544
(G) THE DEPARTMENT OF EDUCATION SHALL ADOPT RULES IN 546
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE: 547
(1) PRESCRIBING THE FORM AND MANNER IN WHICH GRANT 549
RECIPIENTS MUST SUBMIT INFORMATION TO THE OHIOREADS OFFICE TO 550
RECEIVE REIMBURSEMENT UNDER DIVISION (F) OF THIS SECTION; 551
(2) CIRCUMSTANCES UNDER WHICH A GRANT RECIPIENT MAY ALLOW 553
AN INDIVIDUAL WHOSE CRIMINAL RECORDS CHECK REPORT INDICATES THAT 554
THE INDIVIDUAL HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN 555
OFFENSE LISTED IN DIVISION (C) OF THIS SECTION, BUT WHO MEETS 556
STANDARDS IN REGARD TO REHABILITATION SET FORTH IN THE RULES, TO 557
PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR 558
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. 559
Sec. 3301.90. THE OHIOREADS COUNCIL IS HEREBY ESTABLISHED. 562
THE COUNCIL SHALL CONSIST OF SEVEN VOTING MEMBERS, AS FOLLOWS: 563
(A) FIVE PERSONS APPOINTED BY THE GOVERNOR, ONE OF WHOM 566
SHALL BE A PRACTICING READING SPECIALIST AND ONE OF WHOM SHALL 567
REPRESENT A COLLEGE OF EDUCATION IN THIS STATE; 568
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE 571
DIRECTOR'S DESIGNEE;
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(C) THE SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THE 574
SUPERINTENDENT'S DESIGNEE.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 576
TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, EACH FROM A 577
DIFFERENT POLITICAL PARTY, TO SERVE AS NONVOTING MEMBERS OF THE 578
COUNCIL. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 579
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, TO SERVE AS 580
NONVOTING MEMBERS OF THE COUNCIL. 581
THE FIVE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT 583
THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT 584
SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY 585
THE GOVERNOR. THE READING SPECIALIST SHALL SUFFER NO LOSS OF 588
COMPENSATION OR OTHER BENEFIT BECAUSE OF ABSENCE FROM REGULAR
EMPLOYMENT TO ATTEND THE COUNCIL'S MEETINGS. 590
THE NONVOTING LEGISLATIVE MEMBERS SHALL SERVE AT THE 592
PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER WHO 594
CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH THE 595
MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COUNCIL. 596
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL ANY 597
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY 598
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE SENATE. A 600
LEGISLATIVE MEMBER MAY DESIGNATE A MEMBER OF THE SAME LEGISLATIVE 601
HOUSE AND THE SAME POLITICAL PARTY TO ATTEND COUNCIL MEETINGS IN 602
THAT MEMBER'S PLACE.
THE GOVERNOR SHALL APPOINT ONE VOTING MEMBER OF THE COUNCIL 604
TO SERVE AS CHAIRPERSON. 605
THE COUNCIL SHALL MEET AT LEAST FOUR TIMES PER YEAR TO 607
CONDUCT ITS BUSINESS. THE COUNCIL MAY MEET MORE OFTEN AT THE 608
CALL OF ITS CHAIRPERSON. 609
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT THE 611
VOTING MEMBERS SHALL BE REIMBURSED BY THE DEPARTMENT OF EDUCATION 612
FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMING 613
THEIR OFFICIAL DUTIES.
15
Sec. 3301.91. (A) THE OHIOREADS COUNCIL'S 617
RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 618
(1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF 620
PUBLIC INSTRUCTION'S APPOINTMENTS TO THE POSITION OF EXECUTIVE 621
DIRECTOR OF THE OHIOREADS OFFICE; 622
(2) EVALUATING THE EFFECTIVENESS OF THE OHIOREADS 626
INITIATIVE ESTABLISHED BY THIS SECTION AND SECTIONS 3301.86 AND 627
3301.87 OF THE REVISED CODE AND CONDUCTING ANNUAL EVALUATIONS 629
BEGINNING IN FISCAL YEAR 2002; 630
(3) DEVELOPING A STRATEGIC PLAN FOR IDENTIFYING, 632
RECRUITING, TRAINING, QUALIFYING, AND PLACING VOLUNTEERS FOR THE 633
OHIOREADS INITIATIVE; 635
(4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM 637
READING GRANTS UNDER SECTION 3301.86 OF THE REVISED CODE AND 640
COMMUNITY READING GRANTS UNDER SECTION 3301.87 OF THE REVISED 643
CODE, INCLUDING ELIGIBILITY CRITERIA, GRANT AMOUNTS, PURPOSES FOR 644
WHICH GRANTS MAY BE USED, AND ADMINISTRATIVE, PROGRAMMATIC, AND 645
REPORTING REQUIREMENTS; 646
(5) AWARDING CLASSROOM READING GRANTS AND COMMUNITY 648
READING GRANTS TO BE PAID BY THE OHIOREADS OFFICE UNDER SECTIONS 649
3301.86 AND 3301.87 OF THE REVISED CODE; 651
(6) ESTABLISHING GUIDELINES FOR AND OVERSEEING THE GENERAL 653
RESPONSIBILITIES AND MISSION OF THE EXECUTIVE DIRECTOR OF THE 655
OHIOREADS OFFICE. 656
(B) IN PERFORMING ITS DUTIES, THE COUNCIL SHALL, TO THE 659
EXTENT PRACTICABLE:
(1) GIVE PRIMARY CONSIDERATION TO THE SAFETY AND 661
WELL-BEING OF CHILDREN PARTICIPATING IN THE OHIOREADS INITIATIVE; 662
(2) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING 664
OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST 665
ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE 668
REVISED CODE; 669
(3) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE 671
RESOURCES TO LEVERAGE OHIOREADS RESOURCES AND RELATED PROGRAMS; 674
16
(4) FOCUS ON EARLY READING INTERVENTION STRATEGIES, 676
PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT; 677
(5) GIVE PRIORITY TO PROGRAMS RECOGNIZED AS PROMISING 680
EDUCATIONAL PRACTICES FOR ACCELERATING STUDENT ACHIEVEMENT, 682
INCLUDING, BUT NOT LIMITED TO, PROGRAMS PRIMARILY USING 683
VOLUNTEERS AND PROGRAMS THAT MAY HAVE BEEN REVIEWED BY THE
EDUCATION COMMISSION OF THE STATES. 684
Sec. 3301.92. THE OHIOREADS OFFICE SHALL PROVIDE THE 688
OHIOREADS COUNCIL WITH STAFF, ADMINISTRATIVE SUPPORT, AND OTHER 689
RESOURCES REQUESTED BY THE COUNCIL. 690
Section 2. That existing section 109.57 of the Revised 693
Code is hereby repealed. 694
Section 3. (A) Sections 3301.90, 3301.91, and 3301.92 of 696
the Revised Code are hereby repealed, effective July 1, 2004. 697
(B) The OhioReads Council is not subject to section 101.84 699
of the Revised Code. The Council expires on July 1, 2004, as 700
provided in division (A) of this section, and not on the date 701
otherwise prescribed by section 101.84 of the Revised Code. 702
(C) Not later than January 1, 2004, the Director of Budget 704
and Management shall submit a written recommendation to the 705
Governor, the Speaker of the House of Representatives, and the 706
President of the Senate of a governmental entity to assume the 708
duties of the OhioReads Council beginning July 1, 2004, if the 709
General Assembly does not continue the Council's existence. 710
Section 4. The OhioReads Council shall collaborate with 712
the Department of Education and the Ohio Board of Regents to 713
review the universities and colleges approved by the State Board 716
of Education under section 3319.23 of the Revised Code for the 717
preparation of teachers to determine the current capability of 718
each to serve as a resource center to support the OhioReads 719
Initiative. The review criteria may include, but need not be 720
limited to, the following: 721
(A) Developmentally appropriate practices used by faculty 723
in pre-service and in-service education; 724
17
(B) Knowledge of and experience with the recommendations 726
of the National Reading Association and the National Association 727
for the Education of Young Children; 728
(C) Membership in literacy-related professional 730
organizations;
(D) Facility capacity to house the resource center; 732
(E) Institutional support; 734
(F) Electronic connectivity to the Ohio Education Computer 736
Network; 737
(G) Infrastructure to deliver video distance learning. 739
No later than January 1, 2000, the Council shall submit a 741
report of its review and any recommendations to the Governor, the 742
Speaker of the House of Representatives, the President of the 743
Senate, the Chancellor of the Ohio Board of Regents, and the 744
Superintendent of Public Instruction. 745
Section 5. This act is hereby declared to be an emergency 747
measure necessary for the immediate preservation of the public 749
peace, health, and safety. The reason for this necessity is that 751
its immediate enactment will permit an expeditious organization 752
of the OhioReads Initiative so that it will be ready to help
Ohio's children learn to read when the General Assembly 754
appropriates the funding. Therefore, this act shall go into 755
immediate effect.