SENATORS Coughlin, Padgett, Zurz, Robert Gardner, Harris, Spada

To amend sections 9.314, 2151.011, 2151.421, 2151.86,

1

2152.18, 3301.0711, 3302.01, 3302.03, 3313.53,

2

3313.533, 3313.61, 3313.611, 3313.612, 3313.662,

3

3313.672, 3313.85, 3317.03, 3319.29, 3319.291,

4

3319.303, 3319.31, 3319.51, 3381.04, and 5139.05

5

of the Revised Code; to amend Section 7 of Sub.

6

H.B. 196 of the 124th General Assembly and to

7

amend Section 7 of Sub. H.B. 196 of the 124th

8

General Assembly for the purpose of codifying it

9

as section 3319.304 of the Revised Code; and to

10

amend Sections 41.37 and 98.01 of Am. Sub. H.B. 95

11

of the 125th General Assembly to require that upon

12

a child's discharge or release from the custody of

13

the Department of Youth Services certain records

14

pertaining to that child be released to the

15

juvenile court and to the superintendent of the

16

school district in which the child is entitled to

17

attend school; to specify that a school district's

18

policy on the assignment of students to an

19

alternative school may provide for the assignment

20

of any child released from the custody of the

21

Department of Youth Services to such a school; to

22

make the Department of Youth Services eligible for

23

certain grants and services from the Ohio

24

SchoolNet Commission; to include public and

25

chartered nonpublic schools as out-of-home care

26

entities for the purposes of the Juvenile Code; to

27

exempt limited English proficient students who

28

have been enrolled in United States schools for

29

less than one year from certain testing and

30

accountability requirements; to require the county

31

probate court, instead of the educational service

32

center governing board, to perform the duties of

33

or fill vacancies on the board of education of a

34

local school district if the board fails to

35

perform those duties or fill vacancies; to

36

eliminate the deadline for issuing one-year

37

conditional teaching permits in the area of

38

intervention specialist; to clarify the

39

calculation of transitional aid to school

40

districts in fiscal year 2005; to establish a per

41

student rate to be paid by the Department of

42

Education for a safe school help line; to permit a

43

reverse auction to satisfy any law requiring a

44

political subdivision to competitively bid for

45

services or supplies; and to clarify the minimum

46

population requirement for counties that create a

47

regional arts and cultural district under

48

alternative procedures.

49

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.314, 109.57, 2151.011, 2151.421,	50
2151.86, 2152.18, 3301.0711, 3302.01, 3302.03, 3313.53, 3313.533,	51
3313.61, 3313.611, 3313.612, 3313.662, 3313.672, 3313.85, 3317.03,	52
3319.29, 3319.291, 3319.303, 3319.31, 3319.51, 3319.55, 3381.04,	53
and 5139.05 be amended and that Section 7 of Sub. H.B. 196 of the	54
124th General Assembly be amended and renumbered as section	55
3319.304 of the Revised Code to read as follows:	56

Sec. 9.314.  (A) As used in this section:

57

(1) "Contracting authority" has the same meaning as in	58
section 307.92 of the Revised Code.	59

(2) "Internet" means the international computer network of	60
both federal and nonfederal interoperable packet switched data	61
networks, including the graphical subnetwork called the world wide	62
web.	63

(3) "Political subdivision" means a municipal corporation,	64
township, county, school district, or other body corporate and	65
politic responsible for governmental activities only in geographic	66
areas smaller than that of the state and also includes a	67
contracting authority.	68

(4) "Reverse auction" means a purchasing process in which	69
offerors submit proposals in competing to sell services or	70
supplies in an open environment via the internet.	71

(5) "Services" means the furnishing of labor, time, or effort	72
by a person, not involving the delivery of a specific end product	73
other than a report which, if provided, is merely incidental to	74
the required performance. "Services" does not include services	75
furnished pursuant to employment agreements or collective	76
bargaining agreements.	77

(6) "Supplies" means all property, including, but not limited	78
to, equipment, materials, other tangible assets, and insurance,	79
but excluding real property or interests in real property.	80

(B) Whenever any political subdivision that is required by	81
law to purchase services or supplies by competitive sealed bidding	82
or competitive sealed proposals determines that the use of a	83
reverse auction is advantageous to the political subdivision, the	84
political subdivision, in accordance with this section and rules	85
the political subdivision shall adopt, may purchase services or	86
supplies by reverse auction.	87

(C) A political subdivision shall solicit proposals through a	88
request for proposals. The request for proposals shall state the	89
relative importance of price and other evaluation factors. The	90
political subdivision shall give notice of the request for	91
proposals in accordance with the rules it adopts.	92

(D) As provided in the request for proposals and in the rules	93
a political subdivision adopts, and to ensure full understanding	94
of and responsiveness to solicitation requirements, the political	95
subdivision may conduct discussions with responsible offerors who	96
submit proposals determined to be reasonably susceptible of being	97
selected for award. The political subdivision shall accord	98
offerors fair and equal treatment with respect to any opportunity	99
for discussion regarding any clarification, correction, or	100
revision of their proposals.	101

(E) A political subdivision may award a contract to the	102
offeror whose proposal the political subdivision determines to be	103
the most advantageous to the political subdivision, taking into	104
consideration factors such as price and the evaluation criteria	105
set forth in the request for proposals. The contract file shall	106
contain the basis on which the award is made.	107

(F) The rules that a political subdivision adopts under this	108
section may require the provision of a performance bond, or	109
another similar form of financial security, in the amount and in	110
the form specified in the rules.	111

(G) If a political subdivision is required by law to purchase	112
services or supplies by competitive sealed bidding or competitive	113
sealed proposals, a purchase made by reverse auction satisfies	114
that requirement.	115

Sec. 109.57.  (A)(1) The superintendent of the bureau of	116
criminal identification and investigation shall procure from	117
wherever procurable and file for record photographs, pictures,	118
descriptions, fingerprints, measurements, and other information	119
that may be pertinent of all persons who have been convicted of	120
committing within this state a felony, any crime constituting a	121
misdemeanor on the first offense and a felony on subsequent	122
offenses, or any misdemeanor described in division (A)(1)(a) of	123
section 109.572 of the Revised Code, of all children under	124
eighteen years of age who have been adjudicated delinquent	125
children for committing within this state an act that would be a	126
felony or an offense of violence if committed by an adult or who	127
have been convicted of or pleaded guilty to committing within this	128
state a felony or an offense of violence, and of all well-known	129
and habitual criminals. The person in charge of any county,	130
multicounty, municipal, municipal-county, or multicounty-municipal	131
jail or workhouse, community-based correctional facility, halfway	132
house, alternative residential facility, or state correctional	133
institution and the person in charge of any state institution	134
having custody of a person suspected of having committed a felony,	135
any crime constituting a misdemeanor on the first offense and a	136
felony on subsequent offenses, or any misdemeanor described in	137
division (A)(1)(a) of section 109.572 of the Revised Code or	138
having custody of a child under eighteen years of age with respect	139
to whom there is probable cause to believe that the child may have	140
committed an act that would be a felony or an offense of violence	141
if committed by an adult shall furnish such material to the	142
superintendent of the bureau. Fingerprints, photographs, or other	143
descriptive information of a child who is under eighteen years of	144
age, has not been arrested or otherwise taken into custody for	145
committing an act that would be a felony or an offense of violence	146
if committed by an adult, has not been adjudicated a delinquent	147
child for committing an act that would be a felony or an offense	148
of violence if committed by an adult, has not been convicted of or	149
pleaded guilty to committing a felony or an offense of violence,	150
and is not a child with respect to whom there is probable cause to	151
believe that the child may have committed an act that would be a	152
felony or an offense of violence if committed by an adult shall	153
not be procured by the superintendent or furnished by any person	154
in charge of any county, multicounty, municipal, municipal-county,	155
or multicounty-municipal jail or workhouse, community-based	156
correctional facility, halfway house, alternative residential	157
facility, or state correctional institution, except as authorized	158
in section 2151.313 of the Revised Code.	159

(2) Every clerk of a court of record in this state, other	160
than the supreme court or a court of appeals, shall send to the	161
superintendent of the bureau a weekly report containing a summary	162
of each case involving a felony, involving any crime constituting	163
a misdemeanor on the first offense and a felony on subsequent	164
offenses, involving a misdemeanor described in division (A)(1)(a)	165
of section 109.572 of the Revised Code, or involving an	166
adjudication in a case in which a child under eighteen years of	167
age was alleged to be a delinquent child for committing an act	168
that would be a felony or an offense of violence if committed by	169
an adult. The clerk of the court of common pleas shall include in	170
the report and summary the clerk sends under this division all	171
information described in divisions (A)(2)(a) to (f) of this	172
section regarding a case before the court of appeals that is	173
served by that clerk. The summary shall be written on the standard	174
forms furnished by the superintendent pursuant to division (B) of	175
this section and shall include the following information:	176

(a) The incident tracking number contained on the standard	177
forms furnished by the superintendent pursuant to division (B) of	178
this section;	179

(b) The style and number of the case;

180

(c) The date of arrest;

181

(d) The date that the person was convicted of or pleaded	182
guilty to the offense, adjudicated a delinquent child for	183
committing the act that would be a felony or an offense of	184
violence if committed by an adult, found not guilty of the	185
offense, or found not to be a delinquent child for committing an	186
act that would be a felony or an offense of violence if committed	187
by an adult, the date of an entry dismissing the charge, an entry	188
declaring a mistrial of the offense in which the person is	189
discharged, an entry finding that the person or child is not	190
competent to stand trial, or an entry of a nolle prosequi, or the	191
date of any other determination that constitutes final resolution	192
of the case;	193

(e) A statement of the original charge with the section of	194
the Revised Code that was alleged to be violated;	195

(f) If the person or child was convicted, pleaded guilty, or	196
was adjudicated a delinquent child, the sentence or terms of	197
probation imposed or any other disposition of the offender or the	198
delinquent child.	199

If the offense involved the disarming of a law enforcement	200
officer or an attempt to disarm a law enforcement officer, the	201
clerk shall clearly state that fact in the summary, and the	202
superintendent shall ensure that a clear statement of that fact is	203
placed in the bureau's records.	204

(3) The superintendent shall cooperate with and assist	205
sheriffs, chiefs of police, and other law enforcement officers in	206
the establishment of a complete system of criminal identification	207
and in obtaining fingerprints and other means of identification of	208
all persons arrested on a charge of a felony, any crime	209
constituting a misdemeanor on the first offense and a felony on	210
subsequent offenses, or a misdemeanor described in division	211
(A)(1)(a) of section 109.572 of the Revised Code and of all	212
children under eighteen years of age arrested or otherwise taken	213
into custody for committing an act that would be a felony or an	214
offense of violence if committed by an adult. The superintendent	215
also shall file for record the fingerprint impressions of all	216
persons confined in a county, multicounty, municipal,	217
municipal-county, or multicounty-municipal jail or workhouse,	218
community-based correctional facility, halfway house, alternative	219
residential facility, or state correctional institution for the	220
violation of state laws and of all children under eighteen years	221
of age who are confined in a county, multicounty, municipal,	222
municipal-county, or multicounty-municipal jail or workhouse,	223
community-based correctional facility, halfway house, alternative	224
residential facility, or state correctional institution or in any	225
facility for delinquent children for committing an act that would	226
be a felony or an offense of violence if committed by an adult,	227
and any other information that the superintendent may receive from	228
law enforcement officials of the state and its political	229
subdivisions.	230

(4) The superintendent shall carry out Chapter 2950. of the	231
Revised Code with respect to the registration of persons who are	232
convicted of or plead guilty to either a sexually oriented offense	233
that is not a registration-exempt sexually oriented offense or a	234
child-victim oriented offense and with respect to all other duties	235
imposed on the bureau under that chapter.	236

(5) The bureau shall perform centralized recordkeeping	237
functions for criminal history records and services in this state	238
for purposes of the national crime prevention and privacy compact	239
set forth in section 109.571 of the Revised Code and is the	240
criminal history record repository as defined in that section for	241
purposes of that compact. The superintendent or the	242
superintendent's designee is the compact officer for purposes of	243
that compact and shall carry out the responsibilities of the	244
compact officer specified in that compact.	245

(B) The superintendent shall prepare and furnish to every	246
county, multicounty, municipal, municipal-county, or	247
multicounty-municipal jail or workhouse, community-based	248
correctional facility, halfway house, alternative residential	249
facility, or state correctional institution and to every clerk of	250
a court in this state specified in division (A)(2) of this section	251
standard forms for reporting the information required under	252
division (A) of this section. The standard forms that the	253
superintendent prepares pursuant to this division may be in a	254
tangible format, in an electronic format, or in both tangible	255
formats and electronic formats.	256

(C) The superintendent may operate a center for electronic,	257
automated, or other data processing for the storage and retrieval	258
of information, data, and statistics pertaining to criminals and	259
to children under eighteen years of age who are adjudicated	260
delinquent children for committing an act that would be a felony	261
or an offense of violence if committed by an adult, criminal	262
activity, crime prevention, law enforcement, and criminal justice,	263
and may establish and operate a statewide communications network	264
to gather and disseminate information, data, and statistics for	265
the use of law enforcement agencies. The superintendent may	266
gather, store, retrieve, and disseminate information, data, and	267
statistics that pertain to children who are under eighteen years	268
of age and that are gathered pursuant to sections 109.57 to 109.61	269
of the Revised Code together with information, data, and	270
statistics that pertain to adults and that are gathered pursuant	271
to those sections. In addition to any other authorized use of	272
information, data, and statistics of that nature, the	273
superintendent or the superintendent's designee may provide and	274
exchange the information, data, and statistics pursuant to the	275
national crime prevention and privacy compact as described in	276
division (A)(5) of this section.	277

(D) The information and materials furnished to the	278
superintendent pursuant to division (A) of this section and	279
information and materials furnished to any board or person under	280
division (F) or (G) of this section are not public records under	281
section 149.43 of the Revised Code.	282

(E) The attorney general shall adopt rules, in accordance	283
with Chapter 119. of the Revised Code, setting forth the procedure	284
by which a person may receive or release information gathered by	285
the superintendent pursuant to division (A) of this section. A	286
reasonable fee may be charged for this service. If a temporary	287
employment service submits a request for a determination of	288
whether a person the service plans to refer to an employment	289
position has been convicted of or pleaded guilty to an offense	290
listed in division (A)(1), (3), (4), (5), or (6) of section	291
109.572 of the Revised Code, the request shall be treated as a	292
single request and only one fee shall be charged.	293

(F)(1) As used in division (F)(2) of this section, "head	294
start agency" means an entity in this state that has been approved	295
to be an agency for purposes of subchapter II of the "Community	296
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	297
as amended.	298

(2)(a) In addition to or in conjunction with any request that	299
is required to be made under section 109.572, 2151.86, 3301.32,	300
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	301
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	302
education of any school district; the director of mental	303
retardation and developmental disabilities; any county board of	304
mental retardation and developmental disabilities; any entity	305
under contract with a county board of mental retardation and	306
developmental disabilities; the chief administrator of any	307
chartered nonpublic school; the chief administrator of any home	308
health agency; the chief administrator of or person operating any	309
child day-care center, type A family day-care home, or type B	310
family day-care home licensed or certified under Chapter 5104. of	311
the Revised Code; the administrator of any type C family day-care	312
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	313
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	314
general assembly; the chief administrator of any head start	315
agency; or the executive director of a public children services	316
agency may request that the superintendent of the bureau	317
investigate and determine, with respect to any individual who has	318
applied for employment in any position after October 2, 1989, or	319
any individual wishing to apply for employment with a board of	320
education may request, with regard to the individual, whether the	321
bureau has any information gathered under division (A) of this	322
section that pertains to that individual. On receipt of the	323
request, the superintendent shall determine whether that	324
information exists and, upon request of the person, board, or	325
entity requesting information, also shall request from the federal	326
bureau of investigation any criminal records it has pertaining to	327
that individual. The superintendent or the superintendent's	328
designee also may request criminal history records from other	329
states or the federal government pursuant to the national crime	330
prevention and privacy compact set forth in section 109.571 of the	331
Revised Code. Within thirty days of the date that the	332
superintendent receives a request, the superintendent shall send	333
to the board, entity, or person a report of any information that	334
the superintendent determines exists, including information	335
contained in records that have been sealed under section 2953.32	336
of the Revised Code, and, within thirty days of its receipt, shall	337
send the board, entity, or person a report of any information	338
received from the federal bureau of investigation, other than	339
information the dissemination of which is prohibited by federal	340
law.	341

(b) When a board of education is required to receive	342
information under this section as a prerequisite to employment of	343
an individual pursuant to section 3319.39 of the Revised Code, it	344
may accept a certified copy of records that were issued by the	345
bureau of criminal identification and investigation and that are	346
presented by an individual applying for employment with the	347
district in lieu of requesting that information itself. In such a	348
case, the board shall accept the certified copy issued by the	349
bureau in order to make a photocopy of it for that individual's	350
employment application documents and shall return the certified	351
copy to the individual. In a case of that nature, a district only	352
shall accept a certified copy of records of that nature within one	353
year after the date of their issuance by the bureau.	354

(3) The state board of education may request, with respect to	355
any individual who has applied for employment after October 2,	356
1989, in any position with the state board or the department of	357
education, any information that a school district board of	358
education is authorized to request under division (F)(2) of this	359
section, and the superintendent of the bureau shall proceed as if	360
the request has been received from a school district board of	361
education under division (F)(2) of this section.	362

(4) When the superintendent of the bureau receives a request	363
for information that is authorized under section 3319.291 of the	364
Revised Code, the superintendent shall proceed as if the request	365
has been received from a school district board of education under	366
division (F)(2) of this section.	367

(5) When a recipient of an OhioReads classroom or community	368
reading grant paid under section 3301.86 or 3301.87 of the Revised	369
Code or an entity approved by the OhioReads council requests, with	370
respect to any individual who applies to participate in providing	371
any program or service through an entity approved by the OhioReads	372
council or funded in whole or in part by the grant, the	373
information that a school district board of education is	374
authorized to request under division (F)(2)(a) of this section,	375
the superintendent of the bureau shall proceed as if the request	376
has been received from a school district board of education under	377
division (F)(2)(a) of this section.	378

(G) In addition to or in conjunction with any request that is	379
required to be made under section 173.41, 3701.881, 3712.09,	380
3721.121, or 3722.151 of the Revised Code with respect to an	381
individual who has applied for employment in a position that	382
involves providing direct care to an older adult, the chief	383
administrator of a PASSPORT agency that provides services through	384
the PASSPORT program created under section 173.40 of the Revised	385
Code, home health agency, hospice care program, home licensed	386
under Chapter 3721. of the Revised Code, adult day-care program	387
operated pursuant to rules adopted under section 3721.04 of the	388
Revised Code, or adult care facility may request that the	389
superintendent of the bureau investigate and determine, with	390
respect to any individual who has applied after January 27, 1997,	391
for employment in a position that does not involve providing	392
direct care to an older adult, whether the bureau has any	393
information gathered under division (A) of this section that	394
pertains to that individual. On receipt of the request, the	395
superintendent shall determine whether that information exists	396
and, on request of the administrator requesting information, shall	397
also request from the federal bureau of investigation any criminal	398
records it has pertaining to that individual. The superintendent	399
or the superintendent's designee also may request criminal history	400
records from other states or the federal government pursuant to	401
the national crime prevention and privacy compact set forth in	402
section 109.571 of the Revised Code. Within thirty days of the	403
date a request is received, the superintendent shall send to the	404
administrator a report of any information determined to exist,	405
including information contained in records that have been sealed	406
under section 2953.32 of the Revised Code, and, within thirty days	407
of its receipt, shall send the administrator a report of any	408
information received from the federal bureau of investigation,	409
other than information the dissemination of which is prohibited by	410
federal law.	411

(H) Information obtained by a board, administrator, or other	412
person under this section is confidential and shall not be	413
released or disseminated.	414

(I) The superintendent may charge a reasonable fee for	415
providing information or criminal records under division (F)(2) or	416
(G) of this section.	417

Sec. 2151.011.  (A) As used in the Revised Code:

418

(1) "Juvenile court" means whichever of the following is	419
applicable that has jurisdiction under this chapter and Chapter	420
2152. of the Revised Code:	421

(a) The division of the court of common pleas specified in	422
section 2101.022 or 2301.03 of the Revised Code as having	423
jurisdiction under this chapter and Chapter 2152. of the Revised	424
Code or as being the juvenile division or the juvenile division	425
combined with one or more other divisions;	426

(b) The juvenile court of Cuyahoga county or Hamilton county	427
that is separately and independently created by section 2151.08 or	428
Chapter 2153. of the Revised Code and that has jurisdiction under	429
this chapter and Chapter 2152. of the Revised Code;	430

(c) If division (A)(1)(a) or (b) of this section does not	431
apply, the probate division of the court of common pleas.	432

(2) "Juvenile judge" means a judge of a court having	433
jurisdiction under this chapter.	434

(3) "Private child placing agency" means any association, as	435
defined in section 5103.02 of the Revised Code, that is certified	436
under section 5103.03 of the Revised Code to accept temporary,	437
permanent, or legal custody of children and place the children for	438
either foster care or adoption.	439

(4) "Private noncustodial agency" means any person,	440
organization, association, or society certified by the department	441
of job and family services that does not accept temporary or	442
permanent legal custody of children, that is privately operated in	443
this state, and that does one or more of the following:	444

(a) Receives and cares for children for two or more	445
consecutive weeks;	446

(b) Participates in the placement of children in certified	447
foster homes;	448

(c) Provides adoption services in conjunction with a public	449
children services agency or private child placing agency.	450

(B) As used in this chapter:

451

(1) "Adequate parental care" means the provision by a child's	452
parent or parents, guardian, or custodian of adequate food,	453
clothing, and shelter to ensure the child's health and physical	454
safety and the provision by a child's parent or parents of	455
specialized services warranted by the child's physical or mental	456
needs.	457

(2) "Adult" means an individual who is eighteen years of age	458
or older.	459

(3) "Agreement for temporary custody" means a voluntary	460
agreement authorized by section 5103.15 of the Revised Code that	461
transfers the temporary custody of a child to a public children	462
services agency or a private child placing agency.	463

(4) "Certified foster home" means a foster home, as defined	464
in section 5103.02 of the Revised Code, certified under section	465
5103.03 of the Revised Code.	466

(5) "Child" means a person who is under eighteen years of	467
age, except that the juvenile court has jurisdiction over any	468
person who is adjudicated an unruly child prior to attaining	469
eighteen years of age until the person attains twenty-one years of	470
age, and, for purposes of that jurisdiction related to that	471
adjudication, a person who is so adjudicated an unruly child shall	472
be deemed a "child" until the person attains twenty-one years of	473
age.	474

(6) "Child day camp," "child day-care," "child day-care	475
center," "part-time child day-care center," "type A family	476
day-care home," "certified type B family day-care home," "type B	477
home," "administrator of a child day-care center," "administrator	478
of a type A family day-care home," "in-home aide," and "authorized	479
provider" have the same meanings as in section 5104.01 of the	480
Revised Code.	481

(7) "Child day-care provider" means an individual who is a	482
child-care staff member or administrator of a child day-care	483
center, a type A family day-care home, or a type B family day-care	484
home, or an in-home aide or an individual who is licensed, is	485
regulated, is approved, operates under the direction of, or	486
otherwise is certified by the department of job and family	487
services, department of mental retardation and developmental	488
disabilities, or the early childhood programs of the department of	489
education.	490

(8) "Chronic truant" has the same meaning as in section	491
2152.02 of the Revised Code.	492

(9) "Commit" means to vest custody as ordered by the court.

493

(10) "Counseling" includes both of the following:

494

(a) General counseling services performed by a public	495
children services agency or shelter for victims of domestic	496
violence to assist a child, a child's parents, and a child's	497
siblings in alleviating identified problems that may cause or have	498
caused the child to be an abused, neglected, or dependent child.	499

(b) Psychiatric or psychological therapeutic counseling	500
services provided to correct or alleviate any mental or emotional	501
illness or disorder and performed by a licensed psychiatrist,	502
licensed psychologist, or a person licensed under Chapter 4757. of	503
the Revised Code to engage in social work or professional	504
counseling.	505

(11) "Custodian" means a person who has legal custody of a	506
child or a public children services agency or private child	507
placing agency that has permanent, temporary, or legal custody of	508
a child.	509

(12) "Delinquent child" has the same meaning as in section	510
2152.02 of the Revised Code.	511

(13) "Detention" means the temporary care of children pending	512
court adjudication or disposition, or execution of a court order,	513
in a public or private facility designed to physically restrict	514
the movement and activities of children.	515

(14) "Developmental disability" has the same meaning as in	516
section 5123.01 of the Revised Code.	517

(15) "Foster caregiver" has the same meaning as in section	518
5103.02 of the Revised Code.	519

(16) "Guardian" means a person, association, or corporation	520
that is granted authority by a probate court pursuant to Chapter	521
2111. of the Revised Code to exercise parental rights over a child	522
to the extent provided in the court's order and subject to the	523
residual parental rights of the child's parents.	524

(17) "Habitual truant" means any child of compulsory school	525
age who is absent without legitimate excuse for absence from the	526
public school the child is supposed to attend for five or more	527
consecutive school days, seven or more school days in one school	528
month, or twelve or more school days in a school year.	529

(18) "Juvenile traffic offender" has the same meaning as in	530
section 2152.02 of the Revised Code.	531

(19) "Legal custody" means a legal status that vests in the	532
custodian the right to have physical care and control of the child	533
and to determine where and with whom the child shall live, and the	534
right and duty to protect, train, and discipline the child and to	535
provide the child with food, shelter, education, and medical care,	536
all subject to any residual parental rights, privileges, and	537
responsibilities. An individual granted legal custody shall	538
exercise the rights and responsibilities personally unless	539
otherwise authorized by any section of the Revised Code or by the	540
court.	541

(20) A "legitimate excuse for absence from the public school	542
the child is supposed to attend" includes, but is not limited to,	543
any of the following:	544

(a) The fact that the child in question has enrolled in and	545
is attending another public or nonpublic school in this or another	546
state;	547

(b) The fact that the child in question is excused from	548
attendance at school for any of the reasons specified in section	549
3321.04 of the Revised Code;	550

(c) The fact that the child in question has received an age	551
and schooling certificate in accordance with section 3331.01 of	552
the Revised Code.	553

(21) "Mental illness" and "mentally ill person subject to	554
hospitalization by court order" have the same meanings as in	555
section 5122.01 of the Revised Code.	556

(22) "Mental injury" means any behavioral, cognitive,	557
emotional, or mental disorder in a child caused by an act or	558
omission that is described in section 2919.22 of the Revised Code	559
and is committed by the parent or other person responsible for the	560
child's care.	561

(23) "Mentally retarded person" has the same meaning as in	562
section 5123.01 of the Revised Code.	563

(24) "Nonsecure care, supervision, or training" means care,	564
supervision, or training of a child in a facility that does not	565
confine or prevent movement of the child within the facility or	566
from the facility.	567

(25) "Of compulsory school age" has the same meaning as in	568
section 3321.01 of the Revised Code.	569

(26) "Organization" means any institution, public,	570
semipublic, or private, and any private association, society, or	571
agency located or operating in the state, incorporated or	572
unincorporated, having among its functions the furnishing of	573
protective services or care for children, or the placement of	574
children in certified foster homes or elsewhere.	575

(27) "Out-of-home care" means detention facilities, shelter	576
facilities, certified foster homes, placement in a prospective	577
adoptive home prior to the issuance of a final decree of adoption,	578
organizations, certified organizations, child day-care centers,	579
type A family day-care homes, child day-care provided by type B	580
family day-care home providers and by in-home aides, group home	581
providers, group homes, institutions, state institutions,	582
residential facilities, residential care facilities, residential	583
camps, day camps, public schools, chartered nonpublic schools,	584
educational service centers, hospitals, and medical clinics that	585
are responsible for the care, physical custody, or control of	586
children.	587

(28) "Out-of-home care child abuse" means any of the	588
following when committed by a person responsible for the care of a	589
child in out-of-home care:	590

(a) Engaging in sexual activity with a child in the person's	591
care;	592

(b) Denial to a child, as a means of punishment, of proper or	593
necessary subsistence, education, medical care, or other care	594
necessary for a child's health;	595

(c) Use of restraint procedures on a child that cause injury	596
or pain;	597

(d) Administration of prescription drugs or psychotropic	598
medication to the child without the written approval and ongoing	599
supervision of a licensed physician;	600

(e) Commission of any act, other than by accidental means,	601
that results in any injury to or death of the child in out-of-home	602
care or commission of any act by accidental means that results in	603
an injury to or death of a child in out-of-home care and that is	604
at variance with the history given of the injury or death.	605

(29) "Out-of-home care child neglect" means any of the	606
following when committed by a person responsible for the care of a	607
child in out-of-home care:	608

(a) Failure to provide reasonable supervision according to	609
the standards of care appropriate to the age, mental and physical	610
condition, or other special needs of the child;	611

(b) Failure to provide reasonable supervision according to	612
the standards of care appropriate to the age, mental and physical	613
condition, or other special needs of the child, that results in	614
sexual or physical abuse of the child by any person;	615

(c) Failure to develop a process for all of the following:

616

(i) Administration of prescription drugs or psychotropic	617
drugs for the child;	618

(ii) Assuring that the instructions of the licensed physician	619
who prescribed a drug for the child are followed;	620

(iii) Reporting to the licensed physician who prescribed the	621
drug all unfavorable or dangerous side effects from the use of the	622
drug.	623

(d) Failure to provide proper or necessary subsistence,	624
education, medical care, or other individualized care necessary	625
for the health or well-being of the child;	626

(e) Confinement of the child to a locked room without	627
monitoring by staff;	628

(f) Failure to provide ongoing security for all prescription	629
and nonprescription medication;	630

(g) Isolation of a child for a period of time when there is	631
substantial risk that the isolation, if continued, will impair or	632
retard the mental health or physical well-being of the child.	633

(30) "Permanent custody" means a legal status that vests in a	634
public children services agency or a private child placing agency,	635
all parental rights, duties, and obligations, including the right	636
to consent to adoption, and divests the natural parents or	637
adoptive parents of all parental rights, privileges, and	638
obligations, including all residual rights and obligations.	639

(31) "Permanent surrender" means the act of the parents or,	640
if a child has only one parent, of the parent of a child, by a	641
voluntary agreement authorized by section 5103.15 of the Revised	642
Code, to transfer the permanent custody of the child to a public	643
children services agency or a private child placing agency.	644

(32) "Person responsible for a child's care in out-of-home	645
care" means any of the following:	646

(a) Any foster caregiver, in-home aide, or provider;

647

(b) Any administrator, employee, or agent of any of the	648
following: a public or private detention facility; shelter	649
facility; organization; certified organization; child day-care	650
center; type A family day-care home; certified type B family	651
day-care home; group home; institution; state institution;	652
residential facility; residential care facility; residential camp;	653
day camp; school district; community school; chartered nonpublic	654
school; educational service center; hospital; or medical clinic;	655

(c) Any person who supervises or coaches children as part of	656
an extracurricular activity sponsored by a school district, public	657
school, or chartered nonpublic school;	658

(d) Any other person who performs a similar function with	659
respect to, or has a similar relationship to, children.	660

(33) "Physically impaired" means having one or more of the	661
following conditions that substantially limit one or more of an	662
individual's major life activities, including self-care, receptive	663
and expressive language, learning, mobility, and self-direction:	664

(a) A substantial impairment of vision, speech, or hearing;

665

(b) A congenital orthopedic impairment;

666

(c) An orthopedic impairment caused by disease, rheumatic	667
fever or any other similar chronic or acute health problem, or	668
amputation or another similar cause.	669

(34) "Placement for adoption" means the arrangement by a	670
public children services agency or a private child placing agency	671
with a person for the care and adoption by that person of a child	672
of whom the agency has permanent custody.	673

(35) "Placement in foster care" means the arrangement by a	674
public children services agency or a private child placing agency	675
for the out-of-home care of a child of whom the agency has	676
temporary custody or permanent custody.	677

(36) "Planned permanent living arrangement" means an order of	678
a juvenile court pursuant to which both of the following apply:	679

(a) The court gives legal custody of a child to a public	680
children services agency or a private child placing agency without	681
the termination of parental rights.	682

(b) The order permits the agency to make an appropriate	683
placement of the child and to enter into a written agreement with	684
a foster care provider or with another person or agency with whom	685
the child is placed.	686

(37) "Practice of social work" and "practice of professional	687
counseling" have the same meanings as in section 4757.01 of the	688
Revised Code.	689

(38) "Sanction, service, or condition" means a sanction,	690
service, or condition created by court order following an	691
adjudication that a child is an unruly child that is described in	692
division (A)(4) of section 2152.19 of the Revised Code.	693

(39) "Protective supervision" means an order of disposition	694
pursuant to which the court permits an abused, neglected,	695
dependent, or unruly child to remain in the custody of the child's	696
parents, guardian, or custodian and stay in the child's home,	697
subject to any conditions and limitations upon the child, the	698
child's parents, guardian, or custodian, or any other person that	699
the court prescribes, including supervision as directed by the	700
court for the protection of the child.	701

(40) "Psychiatrist" has the same meaning as in section	702
5122.01 of the Revised Code.	703

(41) "Psychologist" has the same meaning as in section	704
4732.01 of the Revised Code.	705

(42) "Residential camp" means a program in which the care,	706
physical custody, or control of children is accepted overnight for	707
recreational or recreational and educational purposes.	708

(43) "Residential care facility" means an institution,	709
residence, or facility that is licensed by the department of	710
mental health under section 5119.22 of the Revised Code and that	711
provides care for a child.	712

(44) "Residential facility" means a home or facility that is	713
licensed by the department of mental retardation and developmental	714
disabilities under section 5123.19 of the Revised Code and in	715
which a child with a developmental disability resides.	716

(45) "Residual parental rights, privileges, and	717
responsibilities" means those rights, privileges, and	718
responsibilities remaining with the natural parent after the	719
transfer of legal custody of the child, including, but not	720
necessarily limited to, the privilege of reasonable visitation,	721
consent to adoption, the privilege to determine the child's	722
religious affiliation, and the responsibility for support.	723

(46) "School day" means the school day established by the	724
state board of education pursuant to section 3313.48 of the	725
Revised Code.	726

(47) "School month" and "school year" have the same meanings	727
as in section 3313.62 of the Revised Code.	728

(48) "Secure correctional facility" means a facility under	729
the direction of the department of youth services that is designed	730
to physically restrict the movement and activities of children and	731
used for the placement of children after adjudication and	732
disposition.	733

(49) "Sexual activity" has the same meaning as in section	734
2907.01 of the Revised Code.	735

(50) "Shelter" means the temporary care of children in	736
physically unrestricted facilities pending court adjudication or	737
disposition.	738

(51) "Shelter for victims of domestic violence" has the same	739
meaning as in section 3113.33 of the Revised Code.	740

(52) "Temporary custody" means legal custody of a child who	741
is removed from the child's home, which custody may be terminated	742
at any time at the discretion of the court or, if the legal	743
custody is granted in an agreement for temporary custody, by the	744
person who executed the agreement.	745

(C) For the purposes of this chapter, a child shall be	746
presumed abandoned when the parents of the child have failed to	747
visit or maintain contact with the child for more than ninety	748
days, regardless of whether the parents resume contact with the	749
child after that period of ninety days.	750

Sec. 2151.421.  (A)(1)(a) No person described in division	751
(A)(1)(b) of this section who is acting in an official or	752
professional capacity and knows or suspects that a child under	753
eighteen years of age or a mentally retarded, developmentally	754
disabled, or physically impaired child under twenty-one years of	755
age has suffered or faces a threat of suffering any physical or	756
mental wound, injury, disability, or condition of a nature that	757
reasonably indicates abuse or neglect of the child, shall fail to	758
immediately report that knowledge or suspicion to the entity or	759
persons specified in this division. Except as provided in section	760
5120.173 of the Revised Code, the person making the report shall	761
make it to the public children services agency or a municipal or	762
county peace officer in the county in which the child resides or	763
in which the abuse or neglect is occurring or has occurred. In the	764
circumstances described in section 5120.173 of the Revised Code,	765
the person making the report shall make it to the entity specified	766
in that section.	767

(b) Division (A)(1)(a) of this section applies to any person	768
who is an attorney; physician, including a hospital intern or	769
resident; dentist; podiatrist; practitioner of a limited branch of	770
medicine as specified in section 4731.15 of the Revised Code;	771
registered nurse; licensed practical nurse; visiting nurse; other	772
health care professional; licensed psychologist; licensed school	773
psychologist; independent marriage and family therapist or	774
marriage and family therapist; speech pathologist or audiologist;	775
coroner; administrator or employee of a child day-care center;	776
administrator or employee of a residential camp or child day camp;	777
administrator or employee of a certified child care agency or	778
other public or private children services agency; school teacher;	779
school employee; school authority; person engaged in social work	780
or the practice of professional counseling; agent of a county	781
humane society; person rendering spiritual treatment through	782
prayer in accordance with the tenets of a well-recognized	783
religion; superintendent, board member, or employee of a county	784
board of mental retardation; investigative agent contracted with	785
by a county board of mental retardation; or employee of the	786
department of mental retardation and developmental disabilities.	787

(2) An attorney or a physician is not required to make a	788
report pursuant to division (A)(1) of this section concerning any	789
communication the attorney or physician receives from a client or	790
patient in an attorney-client or physician-patient relationship,	791
if, in accordance with division (A) or (B) of section 2317.02 of	792
the Revised Code, the attorney or physician could not testify with	793
respect to that communication in a civil or criminal proceeding,	794
except that the client or patient is deemed to have waived any	795
testimonial privilege under division (A) or (B) of section 2317.02	796
of the Revised Code with respect to that communication and the	797
attorney or physician shall make a report pursuant to division	798
(A)(1) of this section with respect to that communication, if all	799
of the following apply:	800

(a) The client or patient, at the time of the communication,	801
is either a child under eighteen years of age or a mentally	802
retarded, developmentally disabled, or physically impaired person	803
under twenty-one years of age.	804

(b) The attorney or physician knows or suspects, as a result	805
of the communication or any observations made during that	806
communication, that the client or patient has suffered or faces a	807
threat of suffering any physical or mental wound, injury,	808
disability, or condition of a nature that reasonably indicates	809
abuse or neglect of the client or patient.	810

(c) The attorney-client or physician-patient relationship	811
does not arise out of the client's or patient's attempt to have an	812
abortion without the notification of her parents, guardian, or	813
custodian in accordance with section 2151.85 of the Revised Code.	814

(B) Anyone, who knows or suspects that a child under eighteen	815
years of age or a mentally retarded, developmentally disabled, or	816
physically impaired person under twenty-one years of age has	817
suffered or faces a threat of suffering any physical or mental	818
wound, injury, disability, or other condition of a nature that	819
reasonably indicates abuse or neglect of the child may report or	820
cause reports to be made of that knowledge or suspicion to the	821
entity or persons specified in this division. Except as provided	822
in section 5120.173 of the Revised Code, a person making a report	823
or causing a report to be made under this division shall make it	824
or cause it to be made to the public children services agency or	825
to a municipal or county peace officer. In the circumstances	826
described in section 5120.173 of the Revised Code, a person making	827
a report or causing a report to be made under this division shall	828
make it or cause it to be made to the entity specified in that	829
section.	830

(C) Any report made pursuant to division (A) or (B) of this	831
section shall be made forthwith either by telephone or in person	832
and shall be followed by a written report, if requested by the	833
receiving agency or officer. The written report shall contain:	834

(1) The names and addresses of the child and the child's	835
parents or the person or persons having custody of the child, if	836
known;	837

(2) The child's age and the nature and extent of the child's	838
known or suspected injuries, abuse, or neglect or of the known or	839
suspected threat of injury, abuse, or neglect, including any	840
evidence of previous injuries, abuse, or neglect;	841

(3) Any other information that might be helpful in	842
establishing the cause of the known or suspected injury, abuse, or	843
neglect or of the known or suspected threat of injury, abuse, or	844
neglect.	845

Any person, who is required by division (A) of this section	846
to report known or suspected child abuse or child neglect, may	847
take or cause to be taken color photographs of areas of trauma	848
visible on a child and, if medically indicated, cause to be	849
performed radiological examinations of the child.	850

(D)(1) When a municipal or county peace officer receives a	851
report concerning the possible abuse or neglect of a child or the	852
possible threat of abuse or neglect of a child, upon receipt of	853
the report, the municipal or county peace officer who receives the	854
report shall refer the report to the appropriate public children	855
services agency.	856

(2) When a public children services agency receives a report	857
pursuant to this division or division (A) or (B) of this section,	858
upon receipt of the report, the public children services agency	859
shall comply with section 2151.422 of the Revised Code.	860

(E) No township, municipal, or county peace officer shall	861
remove a child about whom a report is made pursuant to this	862
section from the child's parents, stepparents, or guardian or any	863
other persons having custody of the child without consultation	864
with the public children services agency, unless, in the judgment	865
of the officer, and, if the report was made by physician, the	866
physician, immediate removal is considered essential to protect	867
the child from further abuse or neglect. The agency that must be	868
consulted shall be the agency conducting the investigation of the	869
report as determined pursuant to section 2151.422 of the Revised	870
Code.	871

(F)(1) Except as provided in section 2151.422 of the Revised	872
Code, the public children services agency shall investigate,	873
within twenty-four hours, each report of known or suspected child	874
abuse or child neglect and of a known or suspected threat of child	875
abuse or child neglect that is referred to it under this section	876
to determine the circumstances surrounding the injuries, abuse, or	877
neglect or the threat of injury, abuse, or neglect, the cause of	878
the injuries, abuse, neglect, or threat, and the person or persons	879
responsible. The investigation shall be made in cooperation with	880
the law enforcement agency and in accordance with the memorandum	881
of understanding prepared under division (J) of this section. A	882
failure to make the investigation in accordance with the	883
memorandum is not grounds for, and shall not result in, the	884
dismissal of any charges or complaint arising from the report or	885
the suppression of any evidence obtained as a result of the report	886
and does not give, and shall not be construed as giving, any	887
rights or any grounds for appeal or post-conviction relief to any	888
person. The public children services agency shall report each case	889
to a central registry which the department of job and family	890
services shall maintain in order to determine whether prior	891
reports have been made in other counties concerning the child or	892
other principals in the case. The public children services agency	893
shall submit a report of its investigation, in writing, to the law	894
enforcement agency.	895

(2) The public children services agency shall make any	896
recommendations to the county prosecuting attorney or city	897
director of law that it considers necessary to protect any	898
children that are brought to its attention.	899

(G)(1)(a) Except as provided in division (H)(3) of this	900
section, anyone or any hospital, institution, school, health	901
department, or agency participating in the making of reports under	902
division (A) of this section, anyone or any hospital, institution,	903
school, health department, or agency participating in good faith	904
in the making of reports under division (B) of this section, and	905
anyone participating in good faith in a judicial proceeding	906
resulting from the reports, shall be immune from any civil or	907
criminal liability for injury, death, or loss to person or	908
property that otherwise might be incurred or imposed as a result	909
of the making of the reports or the participation in the judicial	910
proceeding.	911

(b) Notwithstanding section 4731.22 of the Revised Code, the	912
physician-patient privilege shall not be a ground for excluding	913
evidence regarding a child's injuries, abuse, or neglect, or the	914
cause of the injuries, abuse, or neglect in any judicial	915
proceeding resulting from a report submitted pursuant to this	916
section.	917

(2) In any civil or criminal action or proceeding in which it	918
is alleged and proved that participation in the making of a report	919
under this section was not in good faith or participation in a	920
judicial proceeding resulting from a report made under this	921
section was not in good faith, the court shall award the	922
prevailing party reasonable attorney's fees and costs and, if a	923
civil action or proceeding is voluntarily dismissed, may award	924
reasonable attorney's fees and costs to the party against whom the	925
civil action or proceeding is brought.	926

(H)(1) Except as provided in divisions (H)(4),and (M), and	927
(N) of this section, a report made under this section is	928
confidential. The information provided in a report made pursuant	929
to this section and the name of the person who made the report	930
shall not be released for use, and shall not be used, as evidence	931
in any civil action or proceeding brought against the person who	932
made the report. In a criminal proceeding, the report is	933
admissible in evidence in accordance with the Rules of Evidence	934
and is subject to discovery in accordance with the Rules of	935
Criminal Procedure.	936

(2) No person shall permit or encourage the unauthorized	937
dissemination of the contents of any report made under this	938
section.	939

(3) A person who knowingly makes or causes another person to	940
make a false report under division (B) of this section that	941
alleges that any person has committed an act or omission that	942
resulted in a child being an abused child or a neglected child is	943
guilty of a violation of section 2921.14 of the Revised Code.	944

(4) If a report is made pursuant to division (A) or (B) of	945
this section and the child who is the subject of the report dies	946
for any reason at any time after the report is made, but before	947
the child attains eighteen years of age, the public children	948
services agency or municipal or county peace officer to which the	949
report was made or referred, on the request of the child fatality	950
review board, shall submit a summary sheet of information	951
providing a summary of the report to the review board of the	952
county in which the deceased child resided at the time of death.	953
On the request of the review board, the agency or peace officer	954
may, at its discretion, make the report available to the review	955
board.	956

(5) A public children services agency shall advise a person	957
alleged to have inflicted abuse or neglect on a child who is the	958
subject of a report made pursuant to this section in writing of	959
the disposition of the investigation. The agency shall not provide	960
to the person any information that identifies the person who made	961
the report, statements of witnesses, or police or other	962
investigative reports.	963

(I) Any report that is required by this section, other than a	964
report that is made to the state highway patrol as described in	965
section 5120.173 of the Revised Code, shall result in protective	966
services and emergency supportive services being made available by	967
the public children services agency on behalf of the children	968
about whom the report is made, in an effort to prevent further	969
neglect or abuse, to enhance their welfare, and, whenever	970
possible, to preserve the family unit intact. The agency required	971
to provide the services shall be the agency conducting the	972
investigation of the report pursuant to section 2151.422 of the	973
Revised Code.	974

(J)(1) Each public children services agency shall prepare a	975
memorandum of understanding that is signed by all of the	976
following:	977

(a) If there is only one juvenile judge in the county, the	978
juvenile judge of the county or the juvenile judge's	979
representative;	980

(b) If there is more than one juvenile judge in the county, a	981
juvenile judge or the juvenile judges' representative selected by	982
the juvenile judges or, if they are unable to do so for any	983
reason, the juvenile judge who is senior in point of service or	984
the senior juvenile judge's representative;	985

(c) The county peace officer;

986

(d) All chief municipal peace officers within the county;

987

(e) Other law enforcement officers handling child abuse and	988
neglect cases in the county;	989

(f) The prosecuting attorney of the county;

990

(g) If the public children services agency is not the county	991
department of job and family services, the county department of	992
job and family services;	993

(h) The county humane society.

994

(2) A memorandum of understanding shall set forth the normal	995
operating procedure to be employed by all concerned officials in	996
the execution of their respective responsibilities under this	997
section and division (C) of section 2919.21, division (B)(1) of	998
section 2919.22, division (B) of section 2919.23, and section	999
2919.24 of the Revised Code and shall have as two of its primary	1000
goals the elimination of all unnecessary interviews of children	1001
who are the subject of reports made pursuant to division (A) or	1002
(B) of this section and, when feasible, providing for only one	1003
interview of a child who is the subject of any report made	1004
pursuant to division (A) or (B) of this section. A failure to	1005
follow the procedure set forth in the memorandum by the concerned	1006
officials is not grounds for, and shall not result in, the	1007
dismissal of any charges or complaint arising from any reported	1008
case of abuse or neglect or the suppression of any evidence	1009
obtained as a result of any reported child abuse or child neglect	1010
and does not give, and shall not be construed as giving, any	1011
rights or any grounds for appeal or post-conviction relief to any	1012
person.	1013

(3) A memorandum of understanding shall include all of the	1014
following:	1015

(a) The roles and responsibilities for handling emergency and	1016
nonemergency cases of abuse and neglect;	1017

(b) Standards and procedures to be used in handling and	1018
coordinating investigations of reported cases of child abuse and	1019
reported cases of child neglect, methods to be used in	1020
interviewing the child who is the subject of the report and who	1021
allegedly was abused or neglected, and standards and procedures	1022
addressing the categories of persons who may interview the child	1023
who is the subject of the report and who allegedly was abused or	1024
neglected.	1025

(K)(1) Except as provided in division (K)(4) of this section,	1026
a person who is required to make a report pursuant to division (A)	1027
of this section may make a reasonable number of requests of the	1028
public children services agency that receives or is referred the	1029
report to be provided with the following information:	1030

(a) Whether the agency has initiated an investigation of the	1031
report;	1032

(b) Whether the agency is continuing to investigate the	1033
report;	1034

(c) Whether the agency is otherwise involved with the child	1035
who is the subject of the report;	1036

(d) The general status of the health and safety of the child	1037
who is the subject of the report;	1038

(e) Whether the report has resulted in the filing of a	1039
complaint in juvenile court or of criminal charges in another	1040
court.	1041

(2) A person may request the information specified in	1042
division (K)(1) of this section only if, at the time the report is	1043
made, the person's name, address, and telephone number are	1044
provided to the person who receives the report.	1045

When a municipal or county peace officer or employee of a	1046
public children services agency receives a report pursuant to	1047
division (A) or (B) of this section the recipient of the report	1048
shall inform the person of the right to request the information	1049
described in division (K)(1) of this section. The recipient of the	1050
report shall include in the initial child abuse or child neglect	1051
report that the person making the report was so informed and, if	1052
provided at the time of the making of the report, shall include	1053
the person's name, address, and telephone number in the report.	1054

Each request is subject to verification of the identity of	1055
the person making the report. If that person's identity is	1056
verified, the agency shall provide the person with the information	1057
described in division (K)(1) of this section a reasonable number	1058
of times, except that the agency shall not disclose any	1059
confidential information regarding the child who is the subject of	1060
the report other than the information described in those	1061
divisions.	1062

(3) A request made pursuant to division (K)(1) of this	1063
section is not a substitute for any report required to be made	1064
pursuant to division (A) of this section.	1065

(4) If an agency other than the agency that received or was	1066
referred the report is conducting the investigation of the report	1067
pursuant to section 2151.422 of the Revised Code, the agency	1068
conducting the investigation shall comply with the requirements of	1069
division (K) of this section.	1070

(L) The director of job and family services shall adopt rules	1071
in accordance with Chapter 119. of the Revised Code to implement	1072
this section. The department of job and family services may enter	1073
into a plan of cooperation with any other governmental entity to	1074
aid in ensuring that children are protected from abuse and	1075
neglect. The department shall make recommendations to the attorney	1076
general that the department determines are necessary to protect	1077
children from child abuse and child neglect.	1078

(M)(1) As used in this division:

1079

(a) "Out-of-home care" includes a nonchartered nonpublic	1080
school if the alleged child abuse or child neglect, or alleged	1081
threat of child abuse or child neglect, described in a report	1082
received by a public children services agency allegedly occurred	1083
in or involved the nonchartered nonpublic school and the alleged	1084
perpetrator named in the report holds a certificate, permit, or	1085
license issued by the state board of education under section	1086
3301.071 or Chapter 3319. of the Revised Code.	1087

(b) "Administrator, director, or other chief administrative	1088
officer" means the superintendent of the school district if the	1089
out-of-home care entity subject to a report made pursuant to this	1090
section is a school operated by the district.	1091

(2) No later than the end of the day following the day on	1092
which a public children services agency receives a report of	1093
alleged child abuse or child neglect, or a report of an alleged	1094
threat of child abuse or child neglect, that allegedly occurred in	1095
or involved an out-of-home care entity, the agency shall provide	1096
written notice of the allegations contained in and the person	1097
named as the alleged perpetrator in the report to the	1098
administrator, director, or other chief administrative officer of	1099
the out-of-home care entity that is the subject of the report	1100
unless the administrator, director, or other chief administrative	1101
officer is named as an alleged perpetrator in the report. If the	1102
administrator, director, or other chief administrative officer of	1103
an out-of-home care entity is named as an alleged perpetrator in a	1104
report of alleged child abuse or child neglect, or a report of an	1105
alleged threat of child abuse or child neglect, that allegedly	1106
occurred in or involved the out-of-home care entity, the agency	1107
shall provide the written notice to the owner or governing board	1108
of the out-of-home care entity that is the subject of the report.	1109
The agency shall not provide witness statements or police or other	1110
investigative reports.	1111

(N)(3) No later than three days after the day on which a	1112
public children services agency that conducted the investigation	1113
as determined pursuant to section 2151.422 of the Revised Code	1114
makes a disposition of an investigation involving a report of	1115
alleged child abuse or child neglect, or a report of an alleged	1116
threat of child abuse or child neglect, that allegedly occurred in	1117
or involved an out-of-home care entity, the agency shall send	1118
written notice of the disposition of the investigation to the	1119
administrator, director, or other chief administrative officer and	1120
the owner or governing board of the out-of-home care entity. The	1121
agency shall not provide witness statements or police or other	1122
investigative reports.	1123

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	1124
entity that appoints or employs any person responsible for a	1125
child's care in out-of-home care shall request the superintendent	1126
of BCII to conduct a criminal records check with respect to any	1127
person who is under final consideration for appointment or	1128
employment as a person responsible for a child's care in	1129
out-of-home care, except that section 3319.39 of the Revised Code	1130
shall apply instead of this section if the out-of-home care entity	1131
is a public school, educational service center, or chartered	1132
nonpublic school.	1133

(2) The administrative director of an agency, or attorney,	1134
who arranges an adoption for a prospective adoptive parent shall	1135
request the superintendent of BCII to conduct a criminal records	1136
check with respect to that prospective adoptive parent.	1137

(3) Before a recommending agency submits a recommendation to	1138
the department of job and family services on whether the	1139
department should issue a certificate to a foster home under	1140
section 5103.03 of the Revised Code, the administrative director	1141
of the agency shall request that the superintendent of BCII	1142
conduct a criminal records check with respect to the prospective	1143
foster caregiver and all other persons eighteen years of age or	1144
older who reside with the foster caregiver.	1145

(B) If a person subject to a criminal records check does not	1146
present proof that the person has been a resident of this state	1147
for the five-year period immediately prior to the date upon which	1148
the criminal records check is requested or does not provide	1149
evidence that within that five-year period the superintendent of	1150
BCII has requested information about the person from the federal	1151
bureau of investigation in a criminal records check, the	1152
appointing or hiring officer, administrative director, or attorney	1153
shall request that the superintendent of BCII obtain information	1154
from the federal bureau of investigation as a part of the criminal	1155
records check. If the person subject to the criminal records check	1156
presents proof that the person has been a resident of this state	1157
for that five-year period, the officer, director, or attorney may	1158
request that the superintendent of BCII include information from	1159
the federal bureau of investigation in the criminal records check.	1160

An appointing or hiring officer, administrative director, or	1161
attorney required by division (A) of this section to request a	1162
criminal records check shall provide to each person subject to a	1163
criminal records check a copy of the form prescribed pursuant to	1164
division (C)(1) of section 109.572 of the Revised Code and a	1165
standard impression sheet to obtain fingerprint impressions	1166
prescribed pursuant to division (C)(2) of section 109.572 of the	1167
Revised Code, obtain the completed form and impression sheet from	1168
the person, and forward the completed form and impression sheet to	1169
the superintendent of BCII at the time the criminal records check	1170
is requested.	1171

Any person subject to a criminal records check who receives	1172
pursuant to this division a copy of the form prescribed pursuant	1173
to division (C)(1) of section 109.572 of the Revised Code and a	1174
copy of an impression sheet prescribed pursuant to division (C)(2)	1175
of that section and who is requested to complete the form and	1176
provide a set of fingerprint impressions shall complete the form	1177
or provide all the information necessary to complete the form and	1178
shall provide the impression sheet with the impressions of the	1179
person's fingerprints. If a person subject to a criminal records	1180
check, upon request, fails to provide the information necessary to	1181
complete the form or fails to provide impressions of the person's	1182
fingerprints, the appointing or hiring officer shall not appoint	1183
or employ the person as a person responsible for a child's care in	1184
out-of-home care, a probate court may not issue a final decree of	1185
adoption or an interlocutory order of adoption making the person	1186
an adoptive parent, and the department of job and family services	1187
shall not issue a certificate authorizing the prospective foster	1188
caregiver to operate a foster home.	1189

(C)(1) No appointing or hiring officer shall appoint or	1190
employ a person as a person responsible for a child's care in	1191
out-of-home care and no probate court shall issue a final decree	1192
of adoption or an interlocutory order of adoption making a person	1193
an adoptive parent if the person previously has been convicted of	1194
or pleaded guilty to any of the following, unless the person meets	1195
rehabilitation standards established in rules adopted under	1196
division (F) of this section:	1197

(a) A violation of section 2903.01, 2903.02, 2903.03,	1198
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1199
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1200
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1201
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1202
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1203
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1204
2925.06, or 3716.11 of the Revised Code, a violation of section	1205
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1206
violation of section 2919.23 of the Revised Code that would have	1207
been a violation of section 2905.04 of the Revised Code as it	1208
existed prior to July 1, 1996, had the violation been committed	1209
prior to that date, a violation of section 2925.11 of the Revised	1210
Code that is not a minor drug possession offense, or felonious	1211
sexual penetration in violation of former section 2907.12 of the	1212
Revised Code;	1213

(b) A violation of an existing or former law of this state,	1214
any other state, or the United States that is substantially	1215
equivalent to any of the offenses described in division (C)(1)(a)	1216
of this section.	1217

(2) The department of job and family services shall not issue	1218
a certificate under section 5103.03 of the Revised Code	1219
authorizing a prospective foster caregiver to operate a foster	1220
home if the department has been notified that the foster caregiver	1221
or any person eighteen years of age or older who resides with the	1222
foster caregiver has been convicted of or pleaded guilty to a	1223
violation of one of the following offenses, unless the foster	1224
caregiver or other person meets rehabilitation standards	1225
established in rules adopted under division (F) of this section:	1226

(a) Any offense listed in division (C)(1)(a) of this section	1227
or section 2909.02 or 2909.03 of the Revised Code;	1228

(b) An existing or former law of this state, any other state,	1229
or the United States that is substantially equivalent to any	1230
offense listed in division (C)(1)(a) of this section or section	1231
2909.02 or 2909.03 of the Revised Code.	1232

(3) The appointing or hiring officer may appoint or employ a	1233
person as a person responsible for a child's care in out-of-home	1234
care conditionally until the criminal records check required by	1235
this section is completed and the officer receives the results of	1236
the criminal records check. If the results of the criminal records	1237
check indicate that, pursuant to division (C)(1) of this section,	1238
the person subject to the criminal records check does not qualify	1239
for appointment or employment, the officer shall release the	1240
person from appointment or employment.	1241

(D) The appointing or hiring officer, administrative	1242
director, or attorney shall pay to the bureau of criminal	1243
identification and investigation the fee prescribed pursuant to	1244
division (C)(3) of section 109.572 of the Revised Code for each	1245
criminal records check conducted in accordance with that section	1246
upon a request pursuant to division (A) of this section. The	1247
officer, director, or attorney may charge the person subject to	1248
the criminal records check a fee for the costs the officer,	1249
director, or attorney incurs in obtaining the criminal records	1250
check. A fee charged under this division shall not exceed the	1251
amount of fees the officer, director, or attorney pays for the	1252
criminal records check. If a fee is charged under this division,	1253
the officer, director, or attorney shall notify the person who is	1254
the applicant at the time of the person's initial application for	1255
appointment or employment, an adoption to be arranged, or a	1256
certificate to operate a foster home of the amount of the fee and	1257
that, unless the fee is paid, the person who is the applicant will	1258
not be considered for appointment or employment or as an adoptive	1259
parent or foster caregiver.	1260

(E) The report of any criminal records check conducted by the	1261
bureau of criminal identification and investigation in accordance	1262
with section 109.572 of the Revised Code and pursuant to a request	1263
made under division (A) of this section is not a public record for	1264
the purposes of section 149.43 of the Revised Code and shall not	1265
be made available to any person other than the person who is the	1266
subject of the criminal records check or the person's	1267
representative; the appointing or hiring officer, administrative	1268
director, or attorney requesting the criminal records check or the	1269
officer's, director's, or attorney's representative; the	1270
department of job and family services or a county department of	1271
job and family services; and any court, hearing officer, or other	1272
necessary individual involved in a case dealing with the denial of	1273
employment, a final decree of adoption or interlocutory order of	1274
adoption, or a foster home certificate.	1275

(F) The director of job and family services shall adopt rules	1276
in accordance with Chapter 119. of the Revised Code to implement	1277
this section. The rules shall include rehabilitation standards a	1278
person who has been convicted of or pleaded guilty to an offense	1279
listed in division (C)(1) or (2) of this section must meet for an	1280
appointing or hiring officer to appoint or employ the person as a	1281
person responsible for a child's care in out-of-home care, a	1282
probate court to issue a final decree of adoption or interlocutory	1283
order of adoption making the person an adoptive parent, or the	1284
department to issue a certificate authorizing the prospective	1285
foster caregiver to operate a foster home.	1286

(G) An appointing or hiring officer, administrative director,	1287
or attorney required by division (A) of this section to request a	1288
criminal records check shall inform each person who is the	1289
applicant, at the time of the person's initial application for	1290
appointment or employment, an adoption to be arranged, or a foster	1291
home certificate, that the person subject to the criminal records	1292
check is required to provide a set of impressions of the person's	1293
fingerprints and that a criminal records check is required to be	1294
conducted and satisfactorily completed in accordance with section	1295
109.572 of the Revised Code.	1296

(H) As used in this section:

1297

(1) "Children's hospital" means any of the following:

1298

(a) A hospital registered under section 3701.07 of the	1299
Revised Code that provides general pediatric medical and surgical	1300
care, and in which at least seventy-five per cent of annual	1301
inpatient discharges for the preceding two calendar years were	1302
individuals less than eighteen years of age;	1303

(b) A distinct portion of a hospital registered under section	1304
3701.07 of the Revised Code that provides general pediatric	1305
medical and surgical care, has a total of at least one hundred	1306
fifty registered pediatric special care and pediatric acute care	1307
beds, and in which at least seventy-five per cent of annual	1308
inpatient discharges for the preceding two calendar years were	1309
individuals less than eighteen years of age;	1310

(c) A distinct portion of a hospital, if the hospital is	1311
registered under section 3701.07 of the Revised Code as a	1312
children's hospital and the children's hospital meets all the	1313
requirements of division (H)(3)(a) of this section.	1314

(2) "Criminal records check" has the same meaning as in	1315
section 109.572 of the Revised Code.	1316

(3) "Minor drug possession offense" has the same meaning as	1317
in section 2925.01 of the Revised Code.	1318

(4) "Person responsible for a child's care in out-of-home	1319
care" has the same meaning as in section 2151.011 of the Revised	1320
Code, except that it does not include a prospective employee of	1321
the department of youth services or a person responsible for a	1322
child's care in a hospital or medical clinic other than a	1323
children's hospital.	1324

(5) "Person subject to a criminal records check" means the	1325
following:	1326

(a) A person who is under final consideration for appointment	1327
or employment as a person responsible for a child's care in	1328
out-of-home care;	1329

(b) A prospective adoptive parent;

1330

(c) A prospective foster caregiver;

1331

(d) A person eighteen years old or older who resides with a	1332
prospective foster caregiver.	1333

(6) "Recommending agency" means a public children services	1334
agency, private child placing agency, or private noncustodial	1335
agency to which the department of job and family services has	1336
delegated a duty to inspect and approve foster homes.	1337

(7) "Superintendent of BCII" means the superintendent of the	1338
bureau of criminal identification and investigation.	1339

Sec. 2152.18.  (A) When a juvenile court commits a delinquent	1340
child to the custody of the department of youth services pursuant	1341
to this chapter, the court shall not designate the specific	1342
institution in which the department is to place the child but	1343
instead shall specify that the child is to be institutionalized in	1344
a secure facility.	1345

(B) When a juvenile court commits a delinquent child to the	1346
custody of the department of youth services pursuant to this	1347
chapter, the court shall state in the order of commitment the	1348
total number of days that the child has been held in detention in	1349
connection with the delinquent child complaint upon which the	1350
order of commitment is based. The department shall reduce the	1351
minimum period of institutionalization that was ordered by both	1352
the total number of days that the child has been so held in	1353
detention as stated by the court in the order of commitment and	1354
the total number of any additional days that the child has been	1355
held in detention subsequent to the order of commitment but prior	1356
to the transfer of physical custody of the child to the	1357
department.	1358

(C)(1) When a juvenile court commits a delinquent child to	1359
the custody of the department of youth services pursuant to this	1360
chapter, the court shall provide the department with the child's	1361
medical records, a copy of the report of any mental examination of	1362
the child ordered by the court, the Revised Code section or	1363
sections the child violated and the degree of each violation, the	1364
warrant to convey the child to the department, a copy of the	1365
court's journal entry ordering the commitment of the child to the	1366
legal custody of the department, a copy of the arrest record	1367
pertaining to the act for which the child was adjudicated a	1368
delinquent child, a copy of any victim impact statement pertaining	1369
to the act, and any other information concerning the child that	1370
the department reasonably requests. The court also shall complete	1371
the form for the standard predisposition investigation report that	1372
the department furnishes pursuant to section 5139.04 of the	1373
Revised Code and provide the department with the completed form.	1374

The department may refuse to accept physical custody of a	1375
delinquent child who is committed to the legal custody of the	1376
department until the court provides to the department the	1377
documents specified in this division. No officer or employee of	1378
the department who refuses to accept physical custody of a	1379
delinquent child who is committed to the legal custody of the	1380
department shall be subject to prosecution or contempt of court	1381
for the refusal if the court fails to provide the documents	1382
specified in this division at the time the court transfers the	1383
physical custody of the child to the department.	1384

(2) Within twenty working days after the department of youth	1385
services receives physical custody of a delinquent child from a	1386
juvenile court, the court shall provide the department with a	1387
certified copy of the child's birth certificate and the child's	1388
social security number or, if the court made all reasonable	1389
efforts to obtain the information but was unsuccessful, with	1390
documentation of the efforts it made to obtain the information.	1391

(3) If an officer is preparing pursuant to section 2947.06 or	1392
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1393
investigation report pertaining to a person, the department shall	1394
make available to the officer, for use in preparing the report,	1395
any records or reports it possesses regarding that person that it	1396
received from a juvenile court pursuant to division (C)(1) of this	1397
section or that pertain to the treatment of that person after the	1398
person was committed to the custody of the department as a	1399
delinquent child.	1400

(D)(1) Within ten days after an adjudication that a child is	1401
a delinquent child, the court shall give written notice of the	1402
adjudication to the superintendent of a city, local, exempted	1403
village, or joint vocational school district, and to the principal	1404
of the school the child attends, if the basis of the adjudication	1405
was the commission of an act that would be a criminal offense if	1406
committed by an adult, if the act was committed by the delinquent	1407
child when the child was fourteen years of age or older, and if	1408
the act is any of the following:	1409

(a) An act that would be a felony or an offense of violence	1410
if committed by an adult, an act in the commission of which the	1411
child used or brandished a firearm, or an act that is a violation	1412
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or	1413
2907.241 of the Revised Code and that would be a misdemeanor if	1414
committed by an adult;	1415

(b) A violation of section 2923.12 of the Revised Code or of	1416
a substantially similar municipal ordinance that would be a	1417
misdemeanor if committed by an adult and that was committed on	1418
property owned or controlled by, or at an activity held under the	1419
auspices of, the board of education of that school district;	1420

(c) A violation of division (A) of section 2925.03 or 2925.11	1421
of the Revised Code that would be a misdemeanor if committed by an	1422
adult, that was committed on property owned or controlled by, or	1423
at an activity held under the auspices of, the board of education	1424
of that school district, and that is not a minor drug possession	1425
offense;	1426

(d) An act that would be a criminal offense if committed by	1427
an adult and that results in serious physical harm to persons or	1428
serious physical harm to property while the child is at school, on	1429
any other property owned or controlled by the board, or at an	1430
interscholastic competition, an extracurricular event, or any	1431
other school program or activity;	1432

(e) Complicity in any violation described in division	1433
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	1434
have been committed in the manner described in division (D)(1)(a),	1435
(b), (c), or (d) of this section, regardless of whether the act of	1436
complicity was committed on property owned or controlled by, or at	1437
an activity held under the auspices of, the board of education of	1438
that school district.	1439

(2) The notice given pursuant to division (D)(1) of this	1440
section shall include the name of the child who was adjudicated to	1441
be a delinquent child, the child's age at the time the child	1442
committed the act that was the basis of the adjudication, and	1443
identification of the violation of the law or ordinance that was	1444
the basis of the adjudication.	1445

(3) Within fourteen days after committing a delinquent child	1446
to the custody of the department of youth services, the court	1447
shall give notice to the school attended by the child of the	1448
child's commitment by sending to that school a copy of the court's	1449
journal entry ordering the commitment. As soon as possible after	1450
receipt of the notice described in this division, the school shall	1451
provide the department with the child's school transcript.	1452
However, the department shall not refuse to accept a child	1453
committed to it, and a child committed to it shall not be held in	1454
a county or district detention facility, because of a school's	1455
failure to provide the school transcript that it is required to	1456
provide under this division.	1457

(4) Within fourteen days after discharging or releasing a	1458
child from an institution under its control, the department of	1459
youth services shall provide the court and the superintendent of	1460
the school district in which the child is entitled to attend	1461
school under section 3313.64 or 3313.65 of the Revised Code with	1462
anthe following:	1463

(a) An updated copy of the child's school transcript and a;

1464

(b) A report outlining the child's behavior in school while	1465
in the custody of the department;	1466

(c) The child's current individualized education program, as	1467
defined in section 3323.01 of the Revised Code, if such a program	1468
has been developed for the child;	1469

(d) A summary of the institutional record of the child	1470
child's behavior. The	1471

The department also shall provide the court with a copy of	1472
any portion of the child's institutional record that the court	1473
specifically requests, within five working days of the request.	1474

(E) At any hearing at which a child is adjudicated a	1475
delinquent child or as soon as possible after the hearing, the	1476
court shall notify all victims of the delinquent act who may be	1477
entitled to a recovery under any of the following sections of the	1478
right of the victims to recover, pursuant to section 3109.09 of	1479
the Revised Code, compensatory damages from the child's parents;	1480
of the right of the victims to recover, pursuant to section	1481
3109.10 of the Revised Code, compensatory damages from the child's	1482
parents for willful and malicious assaults committed by the child;	1483
and of the right of the victims to recover an award of reparations	1484
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	1485

Sec. 3301.0711.  (A) The department of education shall:

1486

(1) Annually furnish to, grade, and score all tests required	1487
by section 3301.0710 of the Revised Code to be administered by	1488
city, local, exempted village, and joint vocational school	1489
districts, except that each district shall score any test	1490
administered pursuant to division (B)(10) of this section. In	1491
furnishing the practice versions of Ohio graduation tests	1492
prescribed by division (F) of section 3301.0710 of the Revised	1493
Code, the department shall make the tests available on its web	1494
site for reproduction by districts. In awarding contracts for	1495
grading tests, the department shall give preference to Ohio-based	1496
entities employing Ohio residents.	1497

(2) Adopt rules for the ethical use of tests and prescribing	1498
the manner in which the tests prescribed by section 3301.0710 of	1499
the Revised Code shall be administered to students.	1500

(B) Except as provided in divisions (C) and (J) of this	1501
section, the board of education of each city, local, and exempted	1502
village school district shall, in accordance with rules adopted	1503
under division (A) of this section:	1504

(1) Administer the reading test prescribed under division	1505
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	1506
to all students in the third grade who have not attained the score	1507
designated for that test under division (A)(2)(c) of section	1508
3301.0710 of the Revised Code and once each summer to students	1509
receiving summer remediation services under section 3313.608 of	1510
the Revised Code.	1511

(2) Administer the mathematics test prescribed under division	1512
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	1513
annually to all students in the third grade.	1514

(3) Administer the tests prescribed under division (A)(1)(b)	1515
of section 3301.0710 of the Revised Code at least once annually to	1516
all students in the fourth grade.	1517

(4) Administer the tests prescribed under division (A)(1)(c)	1518
of section 3301.0710 of the Revised Code at least once annually to	1519
all students in the fifth grade.	1520

(5) Administer the tests prescribed under division (A)(1)(d)	1521
of section 3301.0710 of the Revised Code at least once annually to	1522
all students in the sixth grade.	1523

(6) Administer the tests prescribed under division (A)(1)(e)	1524
of section 3301.0710 of the Revised Code at least once annually to	1525
all students in the seventh grade.	1526

(7) Administer the tests prescribed under division (A)(1)(f)	1527
of section 3301.0710 of the Revised Code at least once annually to	1528
all students in the eighth grade.	1529

(8) Except as provided in division (B)(9) of this section,	1530
administer any test prescribed under division (B) of section	1531
3301.0710 of the Revised Code as follows:	1532

(a) At least once annually to all tenth grade students and at	1533
least twice annually to all students in eleventh or twelfth grade	1534
who have not yet attained the score on that test designated under	1535
that division;	1536

(b) To any person who has successfully completed the	1537
curriculum in any high school or the individualized education	1538
program developed for the person by any high school pursuant to	1539
section 3323.08 of the Revised Code but has not received a high	1540
school diploma and who requests to take such test, at any time	1541
such test is administered in the district.	1542

(9) In lieu of the board of education of any city, local, or	1543
exempted village school district in which the student is also	1544
enrolled, the board of a joint vocational school district shall	1545
administer any test prescribed under division (B) of section	1546
3301.0710 of the Revised Code at least twice annually to any	1547
student enrolled in the joint vocational school district who has	1548
not yet attained the score on that test designated under that	1549
division. A board of a joint vocational school district may also	1550
administer such a test to any student described in division	1551
(B)(8)(b) of this section.	1552

(10) If the district has been declared to be under an	1553
academic watch or in a state of academic emergency pursuant to	1554
section 3302.03 of the Revised Code or has a three-year average	1555
graduation rate of not more than seventy-five per cent, administer	1556
each test prescribed by division (F) of section 3301.0710 of the	1557
Revised Code in September to all ninth grade students, beginning	1558
in the school year that starts July 1, 2005.	1559

(C)(1)(a) Any student receiving special education services	1560
under Chapter 3323. of the Revised Code may be excused from taking	1561
any particular test required to be administered under this section	1562
if the individualized education program developed for the student	1563
pursuant to section 3323.08 of the Revised Code excuses the	1564
student from taking that test and instead specifies an alternate	1565
assessment method approved by the department of education as	1566
conforming to requirements of federal law for receipt of federal	1567
funds for disadvantaged pupils. To the extent possible, the	1568
individualized education program shall not excuse the student from	1569
taking a test unless no reasonable accommodation can be made to	1570
enable the student to take the test.	1571

(b) Any alternate assessment approved by the department for a	1572
student under this division shall produce measurable results	1573
comparable to those produced by the tests which the alternate	1574
assessments are replacing in order to allow for the student's	1575
assessment results to be included in the data compiled for a	1576
school district or building under section 3302.03 of the Revised	1577
Code.	1578

(c) Any student enrolled in a chartered nonpublic school who	1579
has been identified, based on an evaluation conducted in	1580
accordance with section 3323.03 of the Revised Code or section 504	1581
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	1582
794, as amended, as a child with a disability shall be excused	1583
from taking any particular test required to be administered under	1584
this section if a plan developed for the student pursuant to rules	1585
adopted by the state board excuses the student from taking that	1586
test. In the case of any student so excused from taking a test,	1587
the chartered nonpublic school shall not prohibit the student from	1588
taking the test.	1589

(2) A district board may, for medical reasons or other good	1590
cause, excuse a student from taking a test administered under this	1591
section on the date scheduled, but any such test shall be	1592
administered to such excused student not later than nine days	1593
following the scheduled date. The board shall annually report the	1594
number of students who have not taken one or more of the tests	1595
required by this section to the state board of education not later	1596
than the thirtieth day of June.	1597

(3) As used in this division, "limited English proficient	1598
student" has the same meaning as in 20 U.S.C. 7801.	1599

No school district board shall excuse any limited English	1600
proficient student from taking any particular test required to be	1601
administered under this section, but aexcept that any limited	1602
English proficient student who has been enrolled in United States	1603
schools for less than one full school year shall not be required	1604
to take any such reading or writing test. However, no board shall	1605
prohibit a limited English proficient student who is not required	1606
to take a test under this division from taking the test. A board	1607
may permit any limited English proficient student to take theany	1608
test required to be administered under this section with	1609
appropriate accommodations, as determined by the department. For	1610
each limited English proficient student, each school district	1611
shall annually assess that student's progress in learning English,	1612
in accordance with procedures approved by the department.	1613

The governing authority of a chartered nonpublic school may	1614
excuse a limited English proficient student from taking any test	1615
administered under this section. However, no governing authority	1616
shall prohibit a limited English proficient student from taking	1617
the test.	1618

(D)(1) In the school year next succeeding the school year in	1619
which the tests prescribed by division (A)(1) or (B) of section	1620
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	1621
or (B) of section 3301.0710 of the Revised Code as it existed	1622
prior to September 11, 2001, are administered to any student, the	1623
board of education of any school district in which the student is	1624
enrolled in that year shall provide to the student intervention	1625
services commensurate with the student's test performance,	1626
including any intensive intervention required under section	1627
3313.608 of the Revised Code, in any skill in which the student	1628
failed to demonstrate at least a score at the proficient level on	1629
the test.	1630

(2) Following any administration of the tests prescribed by	1631
division (F) of section 3301.0710 of the Revised Code to ninth	1632
grade students, each school district that has a three-year average	1633
graduation rate of not more than seventy-five per cent shall	1634
determine for each high school in the district whether the school	1635
shall be required to provide intervention services to any students	1636
who took the tests. In determining which high schools shall	1637
provide intervention services based on the resources available,	1638
the district shall consider each school's graduation rate and	1639
scores on the practice tests. The district also shall consider the	1640
scores received by ninth grade students on the reading and	1641
mathematics tests prescribed under division (A)(1)(f) of section	1642
3301.0710 of the Revised Code in the eighth grade in determining	1643
which high schools shall provide intervention services.	1644

Each high school selected to provide intervention services	1645
under this division shall provide intervention services to any	1646
student whose test results indicate that the student is failing to	1647
make satisfactory progress toward being able to attain scores at	1648
the proficient level on the Ohio graduation tests. Intervention	1649
services shall be provided in any skill in which a student	1650
demonstrates unsatisfactory progress and shall be commensurate	1651
with the student's test performance. Schools shall provide the	1652
intervention services prior to the end of the school year, during	1653
the summer following the ninth grade, in the next succeeding	1654
school year, or at any combination of those times.	1655

(E) Except as provided in section 3313.608 of the Revised	1656
Code and division (M) of this section, no school district board of	1657
education shall utilize any student's failure to attain a	1658
specified score on any test administered under this section as a	1659
factor in any decision to deny the student promotion to a higher	1660
grade level. However, a district board may choose not to promote	1661
to the next grade level any student who does not take any test	1662
administered under this section or make up such test as provided	1663
by division (C)(2) of this section and who is not exempt from the	1664
requirement to take the test under division (C)(3) of this	1665
section.	1666

(F) No person shall be charged a fee for taking any test	1667
administered under this section.	1668

(G) Not later than sixty days after any administration of any	1669
test prescribed by division (A)(1) or (B) of section 3301.0710 of	1670
the Revised Code, the department shall send to each school	1671
district board a list of the individual test scores of all persons	1672
taking the test. For any tests administered under this section by	1673
a joint vocational school district, the department shall also send	1674
to each city, local, or exempted village school district a list of	1675
the individual test scores of any students of such city, local, or	1676
exempted village school district who are attending school in the	1677
joint vocational school district.	1678

(H) Individual test scores on any tests administered under	1679
this section shall be released by a district board only in	1680
accordance with section 3319.321 of the Revised Code and the rules	1681
adopted under division (A) of this section. No district board or	1682
its employees shall utilize individual or aggregate test results	1683
in any manner that conflicts with rules for the ethical use of	1684
tests adopted pursuant to division (A) of this section.	1685

(I) Except as provided in division (G) of this section, the	1686
department shall not release any individual test scores on any	1687
test administered under this section and shall adopt rules to	1688
ensure the protection of student confidentiality at all times.	1689

(J) Notwithstanding division (D) of section 3311.52 of the	1690
Revised Code, this section does not apply to the board of	1691
education of any cooperative education school district except as	1692
provided under rules adopted pursuant to this division.	1693

(1) In accordance with rules that the state board of	1694
education shall adopt, the board of education of any city,	1695
exempted village, or local school district with territory in a	1696
cooperative education school district established pursuant to	1697
divisions (A) to (C) of section 3311.52 of the Revised Code may	1698
enter into an agreement with the board of education of the	1699
cooperative education school district for administering any test	1700
prescribed under this section to students of the city, exempted	1701
village, or local school district who are attending school in the	1702
cooperative education school district.	1703

(2) In accordance with rules that the state board of	1704
education shall adopt, the board of education of any city,	1705
exempted village, or local school district with territory in a	1706
cooperative education school district established pursuant to	1707
section 3311.521 of the Revised Code shall enter into an agreement	1708
with the cooperative district that provides for the administration	1709
of any test prescribed under this section to both of the	1710
following:	1711

(a) Students who are attending school in the cooperative	1712
district and who, if the cooperative district were not	1713
established, would be entitled to attend school in the city,	1714
local, or exempted village school district pursuant to section	1715
3313.64 or 3313.65 of the Revised Code;	1716

(b) Persons described in division (B)(8)(b) of this section.

1717

Any testing of students pursuant to such an agreement shall	1718
be in lieu of any testing of such students or persons pursuant to	1719
this section.	1720

(K)(1) Any chartered nonpublic school may participate in the	1721
testing program by administering any of the tests prescribed by	1722
section 3301.0710 or 3301.0712 of the Revised Code if the chief	1723
administrator of the school specifies which tests the school	1724
wishes to administer. Such specification shall be made in writing	1725
to the superintendent of public instruction prior to the first day	1726
of August of any school year in which tests are administered and	1727
shall include a pledge that the nonpublic school will administer	1728
the specified tests in the same manner as public schools are	1729
required to do under this section and rules adopted by the	1730
department.	1731

(2) The department of education shall furnish the tests	1732
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	1733
to any chartered nonpublic school electing to participate under	1734
this division.	1735

(L)(1) The superintendent of the state school for the blind	1736
and the superintendent of the state school for the deaf shall	1737
administer the tests described by section 3301.0710 of the Revised	1738
Code. Each superintendent shall administer the tests in the same	1739
manner as district boards are required to do under this section	1740
and rules adopted by the department of education and in conformity	1741
with division (C)(1)(a) of this section.	1742

(2) The department of education shall furnish the tests	1743
described by section 3301.0710 of the Revised Code to each	1744
superintendent.	1745

(M) Notwithstanding division (E) of this section, a school	1746
district may use a student's failure to attain a score in at least	1747
the basic range on the mathematics test described by division	1748
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	1749
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	1750
of section 3301.0710 of the Revised Code as a factor in retaining	1751
that student in the current grade level.	1752

(N)(1) The tests required by section 3301.0710 of the Revised	1753
Code shall become public records pursuant to section 149.43 of the	1754
Revised Code on the first day of July following the school year	1755
that the test was administered, except that the reading test	1756
prescribed under division (A)(1)(a) of section 3301.0710 of the	1757
Revised Code shall become a public record on the sixteenth day of	1758
July following the school year that the test was administered.	1759

(2) The department may field test proposed test questions	1760
with samples of students to determine the validity, reliability,	1761
or appropriateness of test questions for possible inclusion in a	1762
future year's test. The department also may use anchor questions	1763
on tests to ensure that different versions of the same test are of	1764
comparable difficulty.	1765

Field test questions and anchor questions shall not be	1766
considered in computing test scores for individual students. Field	1767
test questions and anchor questions may be included as part of the	1768
administration of any test required by section 3301.0710 of the	1769
Revised Code.	1770

(3) Any field test question or anchor question administered	1771
under division (N)(2) of this section shall not be a public	1772
record. Such field test questions and anchor questions shall be	1773
redacted from any tests which are released as a public record	1774
pursuant to division (N)(1) of this section.	1775

(O) As used in this section, "three-year average" and	1776
"graduation rate" have the same meanings as in section 3302.01 of	1777
the Revised Code.	1778

Sec. 3302.01.  As used in this chapter:

1779

(A) "Dropout" means a student who withdraws from school	1780
before completing course requirements for graduation and who is	1781
not enrolled in an education program approved by the state board	1782
of education or an education program outside the state. "Dropout"	1783
does not include a student who has departed the country.	1784

(B) "Graduation rate" means the ratio of students receiving a	1785
diploma to the number of students who entered ninth grade four	1786
years earlier. Students who transfer into the district are added	1787
to the calculation. Students who transfer out of the district for	1788
reasons other than dropout are subtracted from the calculation. If	1789
a student who was a dropout in any previous year returns to the	1790
same school district, that student shall be entered into the	1791
calculation as if the student had entered ninth grade four years	1792
before the graduation year of the graduating class that the	1793
student joins.	1794

(C) "Attendance rate" means the ratio of the number of	1795
students actually in attendance over the course of a school year	1796
to the number of students who were required to be in attendance	1797
that school year, as calculated pursuant to rules of the	1798
superintendent of public instruction.	1799

(D) "Three-year average" means the average of the most recent	1800
consecutive three school years of data.	1801

(E) "Performance index score" means the average of the totals	1802
derived from calculations for each subject area of reading,	1803
writing, mathematics, science, and social studies of the weighted	1804
proportion of untested students and students scoring at each level	1805
of skill described in division (A)(2) of section 3301.0710 of the	1806
Revised Code on the tests prescribed by divisions (A) and (B) of	1807
that section. The department of education shall assign weights	1808
such that students who do not take a test receive a weight of zero	1809
and students who take a test receive progressively larger weights	1810
dependent upon the level of skill attained on the test. The	1811
department shall also determine the performance index score a	1812
school district or building needs to achieve for the purpose of	1813
the performance ratings assigned pursuant to section 3302.03 of	1814
the Revised Code.	1815

Students shall be included in the "performance index score"	1816
in accordance with division (D)(2) of section 3302.03 of the	1817
Revised Code.	1818

(F) "Subgroup" means a subset of the entire student	1819
population of the state, a school district, or a school building	1820
and includes each of the following:	1821

(1) Major racial and ethnic groups;

1822

(2) Students with disabilities;

1823

(3) Economically disadvantaged students;

1824

(4) Limited English proficient students.

1825

(G) "Other academic indicators" means measures of student	1826
academic performance other than scores on tests administered under	1827
section 3301.0710 of the Revised Code, which shall be the	1828
attendance rate for elementary and middle schools and the	1829
graduation rate for high schools.	1830

(H) "Annual measurable objective" means the yearly percentage	1831
of students, which shall be established by the state board, who	1832
must score at or above the proficient level on tests established	1833
under section 3301.0710 of the Revised Code in reading and	1834
mathematics administered to their grade level for a school	1835
district or a school building to be deemed to have made sufficient	1836
progress for that school year toward the goal of having all	1837
students scoring at or above the proficient level on such tests by	1838
June 30, 2014. For the school year that begins July 1, 2003, the	1839
state board shall establish an "annual measurable objective" in	1840
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1841
1425, 20 U.S.C. 6311. In the school year following the first	1842
administration of each test established under section 3301.0710 of	1843
the Revised Code, the state board shall use the results from such	1844
tests to make any necessary adjustments in the applicable annual	1845
measurable objective.	1846

(I) "Adequate yearly progress," as required by the "No Child	1847
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a	1848
measure of annual academic performance. "Adequate yearly progress"	1849
is made by a school district or a school building when, in	1850
accordance with division (D)(2) of section 3302.03 of the Revised	1851
Code, the district or building satisfies either divisions (I)(1)	1852
and (2) of this section or divisions (I)(1) and (3) of this	1853
section in the applicable school year:	1854

(1) At least ninety-five per cent of the total student	1855
population and of each subgroup enrolled in the district or	1856
building at the time of the test administration takes each test in	1857
reading and mathematics prescribed by section 3301.0710 of the	1858
Revised Code that is administered to their grade level, except	1859
that this requirement shall not apply to any subgroup in the	1860
district or building that contains less than forty students. Those	1861
students taking a test with accommodations or an alternate	1862
assessment pursuant to division (C)(1) or (3) of section 3301.0711	1863
of the Revised Code shall be counted as taking that test for the	1864
purposes of this division. Any limited English proficient student	1865
who has been enrolled in United States schools for less than one	1866
full school year and does not take a reading test administered to	1867
the student's grade level shall be counted as taking that test for	1868
the purposes of this division if, in the same school year, the	1869
student has been assessed to determine the student's progress in	1870
learning English in accordance with division (C)(3) of section	1871
3301.0711 of the Revised Code.	1872

(2) The total student population and each subgroup in the	1873
district or building, as defined in division (D)(2) of section	1874
3302.03 of the Revised Code, meets or exceeds the annual	1875
measurable objective for that school year in reading and	1876
mathematics based upon data from the current school year or a	1877
three-year average of data and the district or building meets or	1878
exceeds the minimum threshold or makes progress on the other	1879
academic indicators for that school year. In calculating whether a	1880
district or building satisfies this division, the department shall	1881
include any subgroup in the district or building that contains	1882
thirty or more students, except that the department shall not	1883
include the subgroup described in division (F)(2) of this section	1884
unless such subgroup contains forty-five or more students. The	1885
determination of students in the subgroup described in division	1886
(F)(2) of this section who are not required to score at or above	1887
the proficient level on tests established under section 3301.0710	1888
of the Revised Code for the purpose of determining whether a	1889
district or building satisfies this division shall comply with	1890
federal statutes, rules, and regulations.	1891

(3) If the performance of the total student population or any	1892
subgroup in the district or building results in the failure of the	1893
district or building to satisfy division (I)(2) of this section,	1894
the district or building shall fulfill both of the following	1895
requirements with respect to the total student population or any	1896
pertinent subgroup:	1897

(a) The percentage of students scoring below the proficient	1898
level on the applicable tests in the total student population or	1899
subgroup decreases by at least ten per cent from the percentage of	1900
such students in the total student population or subgroup in the	1901
preceding school year or from the average percentage of such	1902
students in the total student population or subgroup in the two	1903
preceding school years.	1904

(b) The total student population or subgroup meets or exceeds	1905
the minimum threshold on the other academic indicators for that	1906
school year or makes progress toward meeting the minimum threshold	1907
on one of the other academic indicators for that school year.	1908

(J) "Supplemental educational services" means additional	1909
academic assistance, such as tutoring, remediation, or other	1910
educational enrichment activities, that is conducted outside of	1911
the regular school day by a provider approved by the department in	1912
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1913
1425, 20 U.S.C. 6316.	1914

(K) "Value-added progress dimension" means a measure of	1915
academic gain for a student or group of students over a specific	1916
period of time that is calculated by applying a statistical	1917
methodology to individual student achievement data derived from	1918
the achievement tests prescribed by section 3301.0710 of the	1919
Revised Code.	1920

Sec. 3302.03.  (A) Annually the department of education shall	1921
report for each school district and each school building in a	1922
district all of the following:	1923

(1) The extent to which the school district or building meets	1924
each of the applicable performance indicators created by the state	1925
board of education under section 3302.02 of the Revised Code and	1926
the number of applicable performance indicators that have been	1927
achieved;	1928

(2) The performance index score of the school district or	1929
building;	1930

(3) Whether the school district or building has made adequate	1931
yearly progress;	1932

(4) Whether the school district or building is excellent,	1933
effective, needs continuous improvement, is under an academic	1934
watch, or is in a state of academic emergency.	1935

(B)(1) A school district or building shall be declared	1936
excellent if it fulfills one of the following requirements:	1937

(a) It makes adequate yearly progress and either meets at	1938
least ninety-four per cent of the applicable state performance	1939
indicators or has a performance index score established by the	1940
department.	1941

(b) It has failed to make adequate yearly progress for not	1942
more than two consecutive years and either meets at least	1943
ninety-four per cent of the applicable state performance	1944
indicators or has a performance index score established by the	1945
department.	1946

(2) A school district or building shall be declared effective	1947
if it fulfills one of the following requirements:	1948

(a) It makes adequate yearly progress and either meets at	1949
least seventy-five per cent but less than ninety-four per cent of	1950
the applicable state performance indicators or has a performance	1951
index score established by the department.	1952

(b) It does not make adequate yearly progress and either	1953
meets at least seventy-five per cent of the applicable state	1954
performance indicators or has a performance index score	1955
established by the department, except that if it does not make	1956
adequate yearly progress for three consecutive years, it shall be	1957
declared in need of continuous improvement.	1958

(3) A school district or building shall be declared to be in	1959
need of continuous improvement if it fulfills one of the following	1960
requirements:	1961

(a) It makes adequate yearly progress, meets less than	1962
seventy-five per cent of the applicable state performance	1963
indicators, and has a performance index score established by the	1964
department.	1965

(b) It does not make adequate yearly progress and either	1966
meets at least fifty per cent but less than seventy-five per cent	1967
of the applicable state performance indicators or has a	1968
performance index score established by the department.	1969

(4) A school district or building shall be declared to be	1970
under an academic watch if it does not make adequate yearly	1971
progress and either meets at least thirty-one per cent but less	1972
than fifty per cent of the applicable state performance indicators	1973
or has a performance index score established by the department.	1974

(5) A school district or building shall be declared to be in	1975
a state of academic emergency if it does not make adequate yearly	1976
progress, does not meet at least thirty-one per cent of the	1977
applicable state performance indicators, and has a performance	1978
index score established by the department.	1979

(C)(1) The department shall issue annual report cards for	1980
each school district, each building within each district, and for	1981
the state as a whole reflecting performance on the indicators	1982
created by the state board under section 3302.02 of the Revised	1983
Code, the performance index score, and adequate yearly progress.	1984

(2) The department shall include on the report card for each	1985
district information pertaining to any change from the previous	1986
year made by the school district or school buildings within the	1987
district on any performance indicator.	1988

(3) When reporting data on student performance, the	1989
department shall disaggregate that data according to the following	1990
categories:	1991

(a) Performance of students by age group;

1992

(b) Performance of students by race and ethnic group;

1993

(c) Performance of students by gender;

1994

(d) Performance of students grouped by those who have been	1995
enrolled in a district or school for three or more years;	1996

(e) Performance of students grouped by those who have been	1997
enrolled in a district or school for more than one year and less	1998
than three years;	1999

(f) Performance of students grouped by those who have been	2000
enrolled in a district or school for one year or less;	2001

(g) Performance of students grouped by those who are	2002
economically disadvantaged;	2003

(h) Performance of students grouped by those who are enrolled	2004
in a conversion community school established under Chapter 3314.	2005
of the Revised Code;	2006

(i) Performance of students grouped by those who are	2007
classified as limited English proficient;	2008

(j) Performance of students grouped by those who have	2009
disabilities;	2010

(k) Performance of students grouped by those who are	2011
classified as migrants;	2012

(l) Performance of students grouped by those who are	2013
identified as gifted pursuant to Chapter 3324. of the Revised	2014
Code.	2015

The department may disaggregate data on student performance	2016
according to other categories that the department determines are	2017
appropriate. To the extent possible, the department shall	2018
disaggregate data on student performance according to any	2019
combinations of two or more of the categories listed in divisions	2020
(C)(3)(a) to (l) of this section that it deems relevant.	2021

In reporting data pursuant to division (C)(3) of this	2022
section, the department shall not include in the report cards any	2023
data statistical in nature that is statistically unreliable or	2024
that could result in the identification of individual students.	2025
For this purpose, the department shall not report student	2026
performance data for any group identified in division (C)(3) of	2027
this section that contains less than ten students.	2028

(4) The department may include with the report cards any	2029
additional education and fiscal performance data it deems	2030
valuable.	2031

(5) The department shall include on each report card a list	2032
of additional information collected by the department that is	2033
available regarding the district or building for which the report	2034
card is issued. When available, such additional information shall	2035
include student mobility data disaggregated by race and	2036
socioeconomic status, college enrollment data, and the reports	2037
prepared under section 3302.031 of the Revised Code.	2038

The department shall maintain a site on the world wide web.	2039
The report card shall include the address of the site and shall	2040
specify that such additional information is available to the	2041
public at that site. The department shall also provide a copy of	2042
each item on the list to the superintendent of each school	2043
district. The district superintendent shall provide a copy of any	2044
item on the list to anyone who requests it.	2045

(6) For any district that sponsors a conversion community	2046
school under Chapter 3314. of the Revised Code, the department	2047
shall combine data regarding the academic performance of students	2048
enrolled in the community school with comparable data from the	2049
schools of the district for the purpose of calculating the	2050
performance of the district as a whole on the report card issued	2051
for the district.	2052

(7) The department shall include on each report card the	2053
percentage of teachers in the district or building who are highly	2054
qualified, as defined by the "No Child Left Behind Act of 2001,"	2055
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	2056
percentage with the percentages of such teachers in similar	2057
districts and buildings.	2058

(8) The department shall include on the report card the	2059
number of master teachers employed by each district and each	2060
building once the data is available from the education management	2061
information system established under section 3301.0714 of the	2062
Revised Code.	2063

(D)(1) In calculating reading, writing, mathematics, social	2064
studies, or science proficiency or achievement test passage rates	2065
used to determine school district or building performance under	2066
this section, the department shall include all students taking a	2067
test with accommodation or to whom an alternate assessment is	2068
administered pursuant to division (C)(1) or (3) of section	2069
3301.0711 of the Revised Code.	2070

(2) In calculating performance index scores, rates of	2071
achievement on the performance indicators established by the state	2072
board under section 3302.02 of the Revised Code, and adequate	2073
yearly progress for school districts and buildings under this	2074
section, the department shall do bothall of the following:	2075

(a) Include for each district or building only those students	2076
who are included in the ADM certified for the first full school	2077
week of October and are continuously enrolled in the district or	2078
building through the time of the spring administration of any test	2079
prescribed by section 3301.0710 of the Revised Code that is	2080
administered to the student's grade level;	2081

(b) Include cumulative totals from both the fall and spring	2082
administrations of the third grade reading achievement test;	2083

(c) Except as required by division (I)(1) of section 3302.01	2084
of the Revised Code, exclude for each district or building any	2085
limited English proficient student who has been enrolled in United	2086
States schools for less than one full school year.	2087

Sec. 3313.53. (A) As used in this section:

2088

(1) "Licensed individual" means an individual who holds a	2089
valid educator license, certificate, or permit issued by the state	2090
board of education under section 3319.22, 3319.26, 3319.27, or	2091
3319.302, or 3319.304 of the Revised Code.	2092

(2) "Nonlicensed individual" means an individual who does not	2093
hold a valid educator license, certificate, or permit issued by	2094
the state board of education under section 3319.22, 3319.26,	2095
3319.27, or 3319.302, or 3319.304 of the Revised Code.	2096

(B) The board of education of any city, exempted village, or	2097
local school district may establish and maintain in connection	2098
with the public school systems:	2099

(1) Manual training, industrial arts, domestic science, and	2100
commercial departments;	2101

(2) Agricultural, industrial, vocational, and trades schools.

2102

Such board may pay from the public school funds, as other	2103
school expenses are paid, the expenses of establishing and	2104
maintaining such departments and schools and of directing,	2105
supervising, and coaching the pupil-activity programs in music,	2106
language, arts, speech, government, athletics, and any others	2107
directly related to the curriculum.	2108

(C) The board of education of any city, exempted village, or	2109
local school district may employ a nonlicensed individual to	2110
direct, supervise, or coach a pupil-activity program as long as	2111
that individual holds a valid pupil-activity program permit issued	2112
by the state board of education under division (A) of section	2113
3319.303 of the Revised Code.	2114

(D) A nonlicensed individual who holds a valid pupil-activity	2115
program permit may be employed under division (C) of this section	2116
only after the school district's board of education adopts a	2117
resolution stating that it has offered such position to those	2118
employees of the district who are licensed individuals and no such	2119
employee qualified to fill the position has accepted it, and has	2120
then advertised the position as available to any licensed	2121
individual who is qualified to fill it and who is not employed by	2122
the board, and no such person has applied for and accepted the	2123
position. A nonlicensed individual so employed is a nonteaching	2124
employee and is not an educational assistant as defined in section	2125
3319.088 of the Revised Code. As used in this division and	2126
division (C) of this section, pupil-activity program does not	2127
include any class or course required or offered for credit toward	2128
a pupil's promotion to the next grade or for graduation, or any	2129
activity conducted as a part of or required for such a class or	2130
course. A nonlicensed individual employed under this section may	2131
perform only the duties of the director, supervisor, or coach of	2132
the pupil-activity program for which the nonlicensed individual is	2133
employed.	2134

The board shall fix the compensation of the nonlicensed	2135
individual so employed, which shall be the same amount as the	2136
position was offered to the district's licensed employees, and	2137
execute a written contract with the nonlicensed individual for a	2138
term not to exceed one year. The contract shall specify the	2139
compensation, duration, and other terms of employment, and the	2140
compensation shall not be reduced unless such reduction is a part	2141
of a uniform plan affecting the entire district.	2142

If the state board suspends, revokes, or limits the	2143
pupil-activity program permit of a nonlicensed individual, the	2144
school district board may terminate or suspend the employment	2145
contract of that individual. Otherwise, no contract issued under	2146
this section shall be terminated or suspended except pursuant to	2147
the procedure established by division (C) of section 3319.081 of	2148
the Revised Code.	2149

Sec. 3313.533.  (A) The board of education of a city,	2150
exempted village, or local school district may adopt a resolution	2151
to establish and maintain an alternative school in accordance with	2152
this section. The resolution shall specify, but not necessarily be	2153
limited to, all of the following:	2154

(1) The purpose of the school, which purpose shall be to	2155
serve students who are on suspension, who are having truancy	2156
problems, who are experiencing academic failure, who have a	2157
history of class disruption, or who are exhibiting other academic	2158
or behavioral problems specified in the resolution, or who have	2159
been discharged or released from the custody of the department of	2160
youth services under section 5139.51 of the Revised Code;	2161

(2) The grades served by the school, which may include any of	2162
grades kindergarten through twelve;	2163

(3) A requirement that the school be operated in accordance	2164
with this section. The board of education adopting the resolution	2165
under division (A) of this section shall be the governing board of	2166
the alternative school. The board shall develop and implement a	2167
plan for the school in accordance with the resolution establishing	2168
the school and in accordance with this section. Each plan shall	2169
include, but not necessarily be limited to, all of the following:	2170

(a) Specification of the reasons for which students will be	2171
accepted for assignment to the school and any criteria for	2172
admission that are to be used by the board to approve or	2173
disapprove the assignment of students to the school;	2174

(b) Specification of the criteria and procedures that will be	2175
used for returning students who have been assigned to the school	2176
back to the regular education program of the district;	2177

(c) An evaluation plan for assessing the effectiveness of the	2178
school and its educational program and reporting the results of	2179
the evaluation to the public.	2180

(B) Notwithstanding any provision of Title XXXIII of the	2181
Revised Code to the contrary, the alternative school plan may	2182
include any of the following:	2183

(1) A requirement that on each school day students must	2184
attend school or participate in other programs specified in the	2185
plan or by the chief administrative officer of the school for a	2186
period equal to the minimum school day set by the state board of	2187
education under section 3313.48 of the Revised Code plus any	2188
additional time required in the plan or by the chief	2189
administrative officer;	2190

(2) Restrictions on student participation in extracurricular	2191
or interscholastic activities;	2192

(3) A requirement that students wear uniforms prescribed by	2193
the district board of education.	2194

(C) In accordance with the alternative school plan, the	2195
district board of education may employ teachers and nonteaching	2196
employees necessary to carry out its duties and fulfill its	2197
responsibilities or may contract with a nonprofit or for profit	2198
entity to operate the alternative school, including the provision	2199
of personnel, supplies, equipment, or facilities.	2200

(D) An alternative school may be established in all or part	2201
of a school building.	2202

(E) If a district board of education elects under this	2203
section, or is required by section 3313.534 of the Revised Code,	2204
to establish an alternative school, the district board may join	2205
with the board of education of one or more other districts to form	2206
a joint alternative school by forming a cooperative education	2207
school district under section 3311.52 or 3311.521 of the Revised	2208
Code, or a joint educational program under section 3313.842 of the	2209
Revised Code. The authority to employ personnel or to contract	2210
with a nonprofit or for profit entity under division (C) of this	2211
section applies to any alternative school program established	2212
under this division.	2213

(F) Any individual employed as a teacher at an alternative	2214
school operated by a nonprofit or for profit entity under this	2215
section shall be licensed and shall be subject to background	2216
checks, as described in section 3319.39 of the Revised Code, in	2217
the same manner as an individual employed by a school district.	2218

(G) Division (G) of this section applies only to any	2219
alternative school that is operated by a nonprofit or for profit	2220
entity under contract with the school district.	2221

(1) In addition to the specifications authorized under	2222
division (B) of this section, any plan adopted under that division	2223
for an alternative school to which division (G) of this section	2224
also applies shall include the following:	2225

(a) A description of the educational program provided at the	2226
alternative school, which shall include:	2227

(i) Provisions for the school to be configured in clusters or	2228
small learning communities;	2229

(ii) Provisions for the incorporation of education technology	2230
into the curriculum;	2231

(iii) Provisions for accelerated learning programs in reading	2232
and mathematics.	2233

(b) A method to determine the reading and mathematics level	2234
of each student assigned to the alternative school and a method to	2235
continuously monitor each student's progress in those areas. The	2236
methods employed under this division shall be aligned with the	2237
curriculum adopted by the school district board of education under	2238
section 3313.60 of the Revised Code.	2239

(c) A plan for social services to be provided at the	2240
alternative school, such as, but not limited to, counseling	2241
services, psychological support services, and enrichment programs;	2242

(d) A plan for a student's transition from the alternative	2243
school back to a school operated by the school district;	2244

(e) A requirement that the alternative school maintain	2245
financial records in a manner that is compatible with the form	2246
prescribed for school districts by the auditor of state to enable	2247
the district to comply with any rules adopted by the auditor of	2248
state.	2249

(2) Notwithstanding division (A)(2) of this section, any	2250
alternative school to which division (G) of this section applies	2251
shall include only grades six through twelve.	2252

(3) Notwithstanding anything in division (A)(3)(a) of this	2253
section to the contrary, the characteristics of students who may	2254
be assigned to an alternative school to which division (G) of this	2255
section applies shall include only disruptive and low-performing	2256
students.	2257

(H) When any district board of education determines to	2258
contract with a nonprofit or for profit entity to operate an	2259
alternative school under this section, the board shall use the	2260
procedure set forth in this division.	2261

(1) The board shall publish notice of a request for proposals	2262
in a newspaper of general circulation in the district once each	2263
week for a period of at least two consecutive weeks prior to the	2264
date specified by the board for receiving proposals. Notices of	2265
requests for proposals shall contain a general description of the	2266
subject of the proposed contract and the location where the	2267
request for proposals may be obtained. The request for proposals	2268
shall include all of the following information:	2269

(a) Instructions and information to respondents concerning	2270
the submission of proposals, including the name and address of the	2271
office where proposals are to be submitted;	2272

(b) Instructions regarding communications, including at least	2273
the names, titles, and telephone numbers of persons to whom	2274
questions concerning a proposal may be directed;	2275

(c) A description of the performance criteria that will be	2276
used to evaluate whether a respondent to which a contract is	2277
awarded is meeting the district's educational standards or the	2278
method by which such performance criteria will be determined;	2279

(d) Factors and criteria to be considered in evaluating	2280
proposals, the relative importance of each factor or criterion,	2281
and a description of the evaluation procedures to be followed;	2282

(e) Any terms or conditions of the proposed contract,	2283
including any requirement for a bond and the amount of such bond;	2284

(f) Documents that may be incorporated by reference into the	2285
request for proposals, provided that the request for proposals	2286
specifies where such documents may be obtained and that such	2287
documents are readily available to all interested parties.	2288

(2) After the date specified for receiving proposals, the	2289
board shall evaluate the submitted proposals and may hold	2290
discussions with any respondent to ensure a complete understanding	2291
of the proposal and the qualifications of such respondent to	2292
execute the proposed contract. Such qualifications shall include,	2293
but are not limited to, all of the following:	2294

(a) Demonstrated competence in performance of the required	2295
services as indicated by effective implementation of educational	2296
programs in reading and mathematics and at least three years of	2297
experience successfully serving a student population similar to	2298
the student population assigned to the alternative school;	2299

(b) Demonstrated performance in the areas of cost	2300
containment, the provision of educational services of a high	2301
quality, and any other areas determined by the board;	2302

(c) Whether the respondent has the resources to undertake the	2303
operation of the alternative school and to provide qualified	2304
personnel to staff the school;	2305

(d) Financial responsibility.

2306

(3) The board shall select for further review at least three	2307
proposals from respondents the board considers qualified to	2308
operate the alternative school in the best interests of the	2309
students and the district. If fewer than three proposals are	2310
submitted, the board shall select each proposal submitted. The	2311
board may cancel a request for proposals or reject all proposals	2312
at any time prior to the execution of a contract.	2313

The board may hold discussions with any of the three selected	2314
respondents to clarify or revise the provisions of a proposal or	2315
the proposed contract to ensure complete understanding between the	2316
board and the respondent of the terms under which a contract will	2317
be entered. Respondents shall be accorded fair and equal treatment	2318
with respect to any opportunity for discussion regarding	2319
clarifications or revisions. The board may terminate or	2320
discontinue any further discussion with a respondent upon written	2321
notice.	2322

(4) Upon further review of the three proposals selected by	2323
the board, the board shall award a contract to the respondent the	2324
board considers to have the most merit, taking into consideration	2325
the scope, complexity, and nature of the services to be performed	2326
by the respondent under the contract.	2327

(5) Except as provided in division (H)(6) of this section,	2328
the request for proposals, submitted proposals, and related	2329
documents shall become public records under section 149.43 of the	2330
Revised Code after the award of the contract.	2331

(6) Any respondent may request in writing that the board not	2332
disclose confidential or proprietary information or trade secrets	2333
contained in the proposal submitted by the respondent to the	2334
board. Any such request shall be accompanied by an offer of	2335
indemnification from the respondent to the board. The board shall	2336
determine whether to agree to the request and shall inform the	2337
respondent in writing of its decision. If the board agrees to	2338
nondisclosure of specified information in a proposal, such	2339
information shall not become a public record under section 149.43	2340
of the Revised Code. If the respondent withdraws its proposal at	2341
any time prior to the execution of a contract, the proposal shall	2342
not be a public record under section 149.43 of the Revised Code.	2343

(I) Upon a recommendation from the department and in	2344
accordance with section 3301.16 of the Revised Code, the state	2345
board of education may revoke the charter of any alternative	2346
school operated by a school district that violates this section.	2347

Sec. 3313.61.  (A) A diploma shall be granted by the board of	2348
education of any city, exempted village, or local school district	2349
that operates a high school to any person to whom all of the	2350
following apply:	2351

(1) The person has successfully completed the curriculum in	2352
any high school or the individualized education program developed	2353
for the person by any high school pursuant to section 3323.08 of	2354
the Revised Code;	2355

(2) Subject to section 3313.614 of the Revised Code, the	2356
person either:	2357

(a) Has attained at least the applicable scores designated	2358
under division (B) of section 3301.0710 of the Revised Code on all	2359
the tests required by that division unless the person was excused	2360
from taking any such test pursuant to section 3313.532 of the	2361
Revised Code or unless division (H) or (L) of this section applies	2362
to the person;	2363

(b) Has satisfied the alternative conditions prescribed in	2364
section 3313.615 of the Revised Code.	2365

(3) The person is not eligible to receive an honors diploma	2366
granted pursuant to division (B) of this section.	2367

Except as provided in divisions (C), (E), (J), and (L) of	2368
this section, no diploma shall be granted under this division to	2369
anyone except as provided under this division.	2370

(B) In lieu of a diploma granted under division (A) of this	2371
section, an honors diploma shall be granted, in accordance with	2372
rules of the state board of education, by any such district board	2373
to anyone who successfully completes the curriculum in any high	2374
school or the individualized education program developed for the	2375
person by any high school pursuant to section 3323.08 of the	2376
Revised Code, who has attained subject to section 3313.614 of the	2377
Revised Code at least the applicable scores designated under	2378
division (B) of section 3301.0710 of the Revised Code on all the	2379
tests required by that division, or has satisfied the alternative	2380
conditions prescribed in section 3313.615 of the Revised Code, and	2381
who has met additional criteria established by the state board for	2382
the granting of such a diploma. Except as provided in divisions	2383
(C), (E), and (J) of this section, no honors diploma shall be	2384
granted to anyone failing to comply with this division and no more	2385
than one honors diploma shall be granted to any student under this	2386
division.	2387

The state board shall adopt rules prescribing the granting of	2388
honors diplomas under this division. These rules may prescribe the	2389
granting of honors diplomas that recognize a student's achievement	2390
as a whole or that recognize a student's achievement in one or	2391
more specific subjects or both. In any case, the rules shall	2392
designate two or more criteria for the granting of each type of	2393
honors diploma the board establishes under this division and the	2394
number of such criteria that must be met for the granting of that	2395
type of diploma. The number of such criteria for any type of	2396
honors diploma shall be at least one less than the total number of	2397
criteria designated for that type and no one or more particular	2398
criteria shall be required of all persons who are to be granted	2399
that type of diploma.	2400

(C) Any such district board administering any of the tests	2401
required by section 3301.0710 or 3301.0712 of the Revised Code to	2402
any person requesting to take such test pursuant to division	2403
(B)(8)(b) of section 3301.0711 of the Revised Code shall award a	2404
diploma to such person if the person attains at least the	2405
applicable scores designated under division (B) of section	2406
3301.0710 of the Revised Code on all the tests administered and if	2407
the person has previously attained the applicable scores on all	2408
the other tests required by division (B) of that section or has	2409
been exempted or excused from attaining the applicable score on	2410
any such test pursuant to division (H) or (L) of this section or	2411
from taking any such test pursuant to section 3313.532 of the	2412
Revised Code.	2413

(D) Each diploma awarded under this section shall be signed	2414
by the president and treasurer of the issuing board, the	2415
superintendent of schools, and the principal of the high school.	2416
Each diploma shall bear the date of its issue, be in such form as	2417
the district board prescribes, and be paid for out of the	2418
district's general fund.	2419

(E) A person who is a resident of Ohio and is eligible under	2420
state board of education minimum standards to receive a high	2421
school diploma based in whole or in part on credits earned while	2422
an inmate of a correctional institution operated by the state or	2423
any political subdivision thereof, shall be granted such diploma	2424
by the correctional institution operating the programs in which	2425
such credits were earned, and by the board of education of the	2426
school district in which the inmate resided immediately prior to	2427
the inmate's placement in the institution. The diploma granted by	2428
the correctional institution shall be signed by the director of	2429
the institution, and by the person serving as principal of the	2430
institution's high school and shall bear the date of issue.	2431

(F) Persons who are not residents of Ohio but who are inmates	2432
of correctional institutions operated by the state or any	2433
political subdivision thereof, and who are eligible under state	2434
board of education minimum standards to receive a high school	2435
diploma based in whole or in part on credits earned while an	2436
inmate of the correctional institution, shall be granted a diploma	2437
by the correctional institution offering the program in which the	2438
credits were earned. The diploma granted by the correctional	2439
institution shall be signed by the director of the institution and	2440
by the person serving as principal of the institution's high	2441
school and shall bear the date of issue.	2442

(G) The state board of education shall provide by rule for	2443
the administration of the tests required by section 3301.0710 of	2444
the Revised Code to inmates of correctional institutions.	2445

(H) Any person to whom all of the following apply shall be	2446
exempted from attaining the applicable score on the test in social	2447
studies designated under division (B) of section 3301.0710 of the	2448
Revised Code or the test in citizenship designated under former	2449
division (B) of section 3301.0710 of the Revised Code as it	2450
existed prior to September 11, 2001:	2451

(1) The person is not a citizen of the United States;

2452

(2) The person is not a permanent resident of the United	2453
States;	2454

(3) The person indicates no intention to reside in the United	2455
States after the completion of high school.	2456

(I) Notwithstanding division (D) of section 3311.19 and	2457
division (D) of section 3311.52 of the Revised Code, this section	2458
and section 3311.611 of the Revised Code do not apply to the board	2459
of education of any joint vocational school district or any	2460
cooperative education school district established pursuant to	2461
divisions (A) to (C) of section 3311.52 of the Revised Code.	2462

(J) Upon receipt of a notice under division (D) of section	2463
3325.08 of the Revised Code that a student has received a diploma	2464
under that section, the board of education receiving the notice	2465
may grant a high school diploma under this section to the student,	2466
except that such board shall grant the student a diploma if the	2467
student meets the graduation requirements that the student would	2468
otherwise have had to meet to receive a diploma from the district.	2469
The diploma granted under this section shall be of the same type	2470
the notice indicates the student received under section 3325.08 of	2471
the Revised Code.	2472

(K) As used in this division, "limited English proficient	2473
student" has the same meaning as in division (C)(3) of section	2474
3301.0711 of the Revised Code.	2475

NoNotwithstanding division (C)(3) of section 3301.0711 of	2476
the Revised Code, no limited English proficient student who has	2477
not attained the applicable scores designated under division (B)	2478
of section 3301.0710 of the Revised Code on all the tests required	2479
by that division shall be awarded a diploma under this section.	2480

(L) Any student described by division (A)(1) of this section	2481
may be awarded a diploma without attaining the applicable scores	2482
designated on the tests prescribed under division (B) of section	2483
3301.0710 of the Revised Code provided an individualized education	2484
program specifically exempts the student from attaining such	2485
scores. This division does not negate the requirement for such a	2486
student to take all such tests or alternate assessments required	2487
by division (C)(1) of section 3301.0711 of the Revised Code for	2488
the purpose of assessing student progress as required by federal	2489
law.	2490

Sec. 3313.611.  (A) The state board of education shall adopt,	2491
by rule, standards for awarding high school credit equivalent to	2492
credit for completion of high school academic and vocational	2493
education courses to applicants for diplomas under this section.	2494
The standards may permit high school credit to be granted to an	2495
applicant for any of the following:	2496

(1) Work experiences or experiences as a volunteer;

2497

(2) Completion of academic, vocational, or self-improvement	2498
courses offered to persons over the age of twenty-one by a	2499
chartered public or nonpublic school;	2500

(3) Completion of academic, vocational, or self-improvement	2501
courses offered by an organization, individual, or educational	2502
institution other than a chartered public or nonpublic school;	2503

(4) Other life experiences considered by the board to provide	2504
knowledge and learning experiences comparable to that gained in a	2505
classroom setting.	2506

(B) The board of education of any city, exempted village, or	2507
local school district that operates a high school shall grant a	2508
diploma of adult education to any applicant if all of the	2509
following apply:	2510

(1) The applicant is a resident of the district;

2511

(2) The applicant is over the age of twenty-one and has not	2512
been issued a diploma as provided in section 3313.61 of the	2513
Revised Code;	2514

(3) Subject to section 3313.614 of the Revised Code, the	2515
applicant either:	2516

(a) Has attained the applicable scores designated under	2517
division (B) of section 3301.0710 of the Revised Code on all of	2518
the tests required by that division or was excused or exempted	2519
from any such test pursuant to section 3313.532 or was exempted	2520
from attaining the applicable score on any such test pursuant to	2521
division (H) or (L) of section 3313.61 of the Revised Code;	2522

(b) Has satisfied the alternative conditions prescribed in	2523
section 3313.615 of the Revised Code.	2524

(4) The district board determines, in accordance with the	2525
standards adopted under division (A) of this section, that the	2526
applicant has attained sufficient high school credits, including	2527
equivalent credits awarded under such standards, to qualify as	2528
having successfully completed the curriculum required by the	2529
district for graduation.	2530

(C) If a district board determines that an applicant is not	2531
eligible for a diploma under division (B) of this section, it	2532
shall inform the applicant of the reason the applicant is	2533
ineligible and shall provide a list of any courses required for	2534
the diploma for which the applicant has not received credit. An	2535
applicant may reapply for a diploma under this section at any	2536
time.	2537

(D) If a district board awards an adult education diploma	2538
under this section, the president and treasurer of the board and	2539
the superintendent of schools shall sign it. Each diploma shall	2540
bear the date of its issuance, be in such form as the district	2541
board prescribes, and be paid for from the district's general	2542
fund, except that the state board may by rule prescribe standard	2543
language to be included on each diploma.	2544

(E) As used in this division, "limited English proficient	2545
student" has the same meaning as in division (C)(3) of section	2546
3301.0711 of the Revised Code.	2547

NoNotwithstanding division (C)(3) of section 3301.0711 of	2548
the Revised Code, no limited English proficient student who has	2549
not attained the applicable scores designated under division (B)	2550
of section 3301.0710 of the Revised Code on all the tests required	2551
by that division shall be awarded a diploma under this section.	2552

Sec. 3313.612.  (A) No nonpublic school chartered by the	2553
state board of education shall grant any high school diploma to	2554
any person unless the person has attained, subject to section	2555
3313.614 of the Revised Code at least the applicable scores	2556
designated under division (B) of section 3301.0710 of the Revised	2557
Code on all the tests required by that division, or has satisfied	2558
the alternative conditions prescribed in section 3313.615 of the	2559
Revised Code.	2560

(B) This section does not apply to either of the following:

2561

(1) Any person with regard to any test from which the person	2562
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2563
the Revised Code;	2564

(2) Any person with regard to the social studies test or the	2565
citizenship test under former division (B) of section 3301.0710 of	2566
the Revised Code as it existed prior to September 11, 2001, if all	2567
of the following apply:	2568

(a) The person is not a citizen of the United States;

2569

(b) The person is not a permanent resident of the United	2570
States;	2571

(c) The person indicates no intention to reside in the United	2572
States after completion of high school.	2573

(C) As used in this division, "limited English proficient	2574
student" has the same meaning as in division (C)(3) of section	2575
3301.0711 of the Revised Code.	2576

NoNotwithstanding division (C)(3) of section 3301.0711 of	2577
the Revised Code, no limited English proficient student who has	2578
not attained the applicable scores designated under division (B)	2579
of section 3301.0710 of the Revised Code on all the tests required	2580
by that division shall be awarded a diploma under this section.	2581

Sec. 3313.662.  (A) The superintendent of public instruction,	2582
pursuant to this section and the adjudication procedures of	2583
section 3301.121 of the Revised Code, may issue an adjudication	2584
order that permanently excludes a pupil from attending any of the	2585
public schools of this state if the pupil is convicted of, or	2586
adjudicated a delinquent child for, committing, when the pupil was	2587
sixteen years of age or older, an act that would be a criminal	2588
offense if committed by an adult and if the act is any of the	2589
following:	2590

(1) A violation of section 2923.122 of the Revised Code;

2591

(2) A violation of section 2923.12 of the Revised Code, of a	2592
substantially similar municipal ordinance, or of section 2925.03	2593
of the Revised Code that was committed on property owned or	2594
controlled by, or at an activity held under the auspices of, a	2595
board of education of a city, local, exempted village, or joint	2596
vocational school district;	2597

(3) A violation of section 2925.11 of the Revised Code, other	2598
than a violation of that section that would be a minor drug	2599
possession offense, that was committed on property owned or	2600
controlled by, or at an activity held under the auspices of, the	2601
board of education of a city, local, exempted village, or joint	2602
vocational school district;	2603

(4) A violation of section 2903.01, 2903.02, 2903.03,	2604
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former	2605
section 2907.12 of the Revised Code that was committed on property	2606
owned or controlled by, or at an activity held under the auspices	2607
of, a board of education of a city, local, exempted village, or	2608
joint vocational school district, if the victim at the time of the	2609
commission of the act was an employee of that board of education;	2610

(5) Complicity in any violation described in division (A)(1),	2611
(2), (3), or (4) of this section that was alleged to have been	2612
committed in the manner described in division (A)(1), (2), (3), or	2613
(4) of this section, regardless of whether the act of complicity	2614
was committed on property owned or controlled by, or at an	2615
activity held under the auspices of, a board of education of a	2616
city, local, exempted village, or joint vocational school	2617
district.	2618

(B) A pupil may be suspended or expelled in accordance with	2619
section 3313.66 of the Revised Code prior to being permanently	2620
excluded from public school attendance under this section and	2621
section 3301.121 of the Revised Code.	2622

(C)(1) If the superintendent of a city, local, exempted	2623
village, or joint vocational school district in which a pupil	2624
attends school obtains or receives proof that the pupil has been	2625
convicted of committing when the pupil was sixteen years of age or	2626
older a violation listed in division (A) of this section or	2627
adjudicated a delinquent child for the commission when the pupil	2628
was sixteen years of age or older of a violation listed in	2629
division (A) of this section, the superintendent may issue to the	2630
board of education of the school district a request that the pupil	2631
be permanently excluded from public school attendance, if both of	2632
the following apply:	2633

(a) After obtaining or receiving proof of the conviction or	2634
adjudication, the superintendent or the superintendent's designee	2635
determines that the pupil's continued attendance in school may	2636
endanger the health and safety of other pupils or school employees	2637
and gives the pupil and the pupil's parent, guardian, or custodian	2638
written notice that the superintendent intends to recommend to the	2639
board of education that the board adopt a resolution requesting	2640
the superintendent of public instruction to permanently exclude	2641
the pupil from public school attendance.	2642

(b) The superintendent or the superintendent's designee	2643
forwards to the board of education the superintendent's written	2644
recommendation that includes the determinations the superintendent	2645
or designee made pursuant to division (C)(1)(a) of this section	2646
and a copy of the proof the superintendent received showing that	2647
the pupil has been convicted of or adjudicated a delinquent child	2648
for a violation listed in division (A) of this section that was	2649
committed when the pupil was sixteen years of age or older.	2650

(2) Within fourteen days after receipt of a recommendation	2651
from the superintendent pursuant to division (C)(1)(b) of this	2652
section that a pupil be permanently excluded from public school	2653
attendance, the board of education of a city, local, exempted	2654
village, or joint vocational school district, after review and	2655
consideration of all of the following available information, may	2656
adopt a resolution requesting the superintendent of public	2657
instruction to permanently exclude the pupil who is the subject of	2658
the recommendation from public school attendance:	2659

(a) The academic record of the pupil and a record of any	2660
extracurricular activities in which the pupil previously was	2661
involved;	2662

(b) The disciplinary record of the pupil and any available	2663
records of the pupil's prior behavioral problems other than the	2664
behavioral problems contained in the disciplinary record;	2665

(c) The social history of the pupil;

2666

(d) The pupil's response to the imposition of prior	2667
discipline and sanctions imposed for behavioral problems;	2668

(e) Evidence regarding the seriousness of and any aggravating	2669
factors related to the offense that is the basis of the resolution	2670
seeking permanent exclusion;	2671

(f) Any mitigating circumstances surrounding the offense that	2672
gave rise to the request for permanent exclusion;	2673

(g) Evidence regarding the probable danger posed to the	2674
health and safety of other pupils or of school employees by the	2675
continued presence of the pupil in a public school setting;	2676

(h) Evidence regarding the probable disruption of the	2677
teaching of any school district's graded course of study by the	2678
continued presence of the pupil in a public school setting;	2679

(i) Evidence regarding the availability of alternative	2680
sanctions of a less serious nature than permanent exclusion that	2681
would enable the pupil to remain in a public school setting	2682
without posing a significant danger to the health and safety of	2683
other pupils or of school employees and without posing a threat of	2684
the disruption of the teaching of any district's graded course of	2685
study.	2686

(3) If the board does not adopt a resolution requesting the	2687
superintendent of public instruction to permanently exclude the	2688
pupil, it immediately shall send written notice of that fact to	2689
the superintendent who sought the resolution, to the pupil who was	2690
the subject of the proposed resolution, and to that pupil's	2691
parent, guardian, or custodian.	2692

(D)(1) Upon adoption of a resolution under division (C) of	2693
this section, the board of education immediately shall forward to	2694
the superintendent of public instruction the written resolution,	2695
proof of the conviction or adjudication that is the basis of the	2696
resolution, a copy of the pupil's entire school record, and any	2697
other relevant information and shall forward a copy of the	2698
resolution to the pupil who is the subject of the recommendation	2699
and to that pupil's parent, guardian, or custodian.	2700

(2) The board of education that adopted and forwarded the	2701
resolution requesting the permanent exclusion of the pupil to the	2702
superintendent of public instruction promptly shall designate a	2703
representative of the school district to present the case for	2704
permanent exclusion to the superintendent or the referee appointed	2705
by the superintendent. The representative of the school district	2706
may be an attorney admitted to the practice of law in this state.	2707
At the adjudication hearing held pursuant to section 3301.121 of	2708
the Revised Code, the representative of the school district shall	2709
present evidence in support of the requested permanent exclusion.	2710

(3) Upon receipt of a board of education's resolution	2711
requesting the permanent exclusion of a pupil from public school	2712
attendance, the superintendent of public instruction, in	2713
accordance with the adjudication procedures of section 3301.121 of	2714
the Revised Code, promptly shall issue an adjudication order that	2715
either permanently excludes the pupil from attending any of the	2716
public schools of this state or that rejects the resolution of the	2717
board of education.	2718

(E) Notwithstanding any provision of section 3313.64 of the	2719
Revised Code or an order of any court of this state that otherwise	2720
requires the admission of the pupil to a school, no school	2721
official in a city, local, exempted village, or joint vocational	2722
school district knowingly shall admit to any school in the school	2723
district a pupil who has been permanently excluded from public	2724
school attendance by the superintendent of public instruction.	2725

(F)(1)(a) Upon determining that the school attendance of a	2726
pupil who has been permanently excluded from public school	2727
attendance no longer will endanger the health and safety of other	2728
students or school employees, the superintendent of any city,	2729
local, exempted village, or joint vocational school district in	2730
which the pupil desires to attend school may issue to the board of	2731
education of the school district a recommendation, including the	2732
reasons for the recommendation, that the permanent exclusion of a	2733
pupil be revoked and the pupil be allowed to return to the public	2734
schools of the state.	2735

If any violation which in whole or in part gave rise to the	2736
permanent exclusion of any pupil involved the pupil's bringing a	2737
firearm to a school operated by the board of education of a school	2738
district or on toonto any other property owned or operated by	2739
such a board, no superintendent shall recommend under this	2740
division an effective date for the revocation of the pupil's	2741
permanent exclusion that is less than one year after the date on	2742
which the last such firearm incident occurred. However, on a	2743
case-by-case basis, a superintendent may recommend an earlier	2744
effective date for such a revocation for any of the reasons for	2745
which hethe superintendent may reduce the one-year expulsion	2746
requirement in division (B)(2) of section 3313.66 of the Revised	2747
Code.	2748

(b) Upon receipt of the recommendation of the superintendent	2749
that a permanent exclusion of a pupil be revoked, the board of	2750
education of a city, local, exempted village, or joint vocational	2751
school district may adopt a resolution by a majority vote of its	2752
members requesting the superintendent of public instruction to	2753
revoke the permanent exclusion of the pupil. Upon adoption of the	2754
resolution, the board of education shall forward a copy of the	2755
resolution, the reasons for the resolution, and any other relevant	2756
information to the superintendent of public instruction.	2757

(c) Upon receipt of a resolution of a board of education	2758
requesting the revocation of a permanent exclusion of a pupil, the	2759
superintendent of public instruction, in accordance with the	2760
adjudication procedures of Chapter 119. of the Revised Code, shall	2761
issue an adjudication order that revokes the permanent exclusion	2762
of the pupil from public school attendance or that rejects the	2763
resolution of the board of education.	2764

(2)(a) A pupil who has been permanently excluded pursuant to	2765
this section and section 3301.121 of the Revised Code may request	2766
the superintendent of any city, local, exempted village, or joint	2767
vocational school district in which the pupil desires to attend	2768
school to admit the pupil on a probationary basis for a period not	2769
to exceed ninety school days. Upon receiving the request, the	2770
superintendent may enter into discussions with the pupil and with	2771
the pupil's parent, guardian, or custodian or a person designated	2772
by the pupil's parent, guardian, or custodian to develop a	2773
probationary admission plan designed to assist the pupil's	2774
probationary admission to the school. The plan may include a	2775
treatment program, a behavioral modification program, or any other	2776
program reasonably designed to meet the educational needs of the	2777
child and the disciplinary requirements of the school.	2778

If any violation which in whole or in part gave rise to the	2779
permanent exclusion of the pupil involved the pupil's bringing a	2780
firearm to a school operated by the board of education of any	2781
school district or on toonto any other property owned or operated	2782
by such a board, no plan developed under this division for the	2783
pupil shall include an effective date for the probationary	2784
admission of the pupil that is less than one year after the date	2785
on which the last such firearm incident occurred except that on a	2786
case-by-case basis, a plan may include an earlier effective date	2787
for such an admission for any of the reasons for which the	2788
superintendent of the district may reduce the one-year expulsion	2789
requirement in division (B)(2) of section 3313.66 of the Revised	2790
Code.	2791

(b) If the superintendent of a school district, a pupil, and	2792
the pupil's parent, guardian, or custodian or a person designated	2793
by the pupil's parent, guardian, or custodian agree upon a	2794
probationary admission plan prepared pursuant to division	2795
(F)(2)(a) of this section, the superintendent of the school	2796
district shall issue to the board of education of the school	2797
district a recommendation that the pupil be allowed to attend	2798
school within the school district under probationary admission,	2799
the reasons for the recommendation, and a copy of the agreed upon	2800
probationary admission plan. Within fourteen days after the board	2801
of education receives the recommendation, reasons, and plan, the	2802
board may adopt the recommendation by a majority vote of its	2803
members. If the board adopts the recommendation, the pupil may	2804
attend school under probationary admission within that school	2805
district for a period not to exceed ninety days or any additional	2806
probationary period permitted under divisions (F)(2)(d) and (e) of	2807
this section in accordance with the probationary admission plan	2808
prepared pursuant to division (F)(2)(a) of this section.	2809

(c) If a pupil who is permitted to attend school under	2810
probationary admission pursuant to division (F)(2)(b) of this	2811
section fails to comply with the probationary admission plan	2812
prepared pursuant to division (F)(2)(a) of this section, the	2813
superintendent of the school district immediately may remove the	2814
pupil from the school and issue to the board of education of the	2815
school district a recommendation that the probationary admission	2816
be revoked. Within five days after the board of education receives	2817
the recommendation, the board may adopt the recommendation to	2818
revoke the pupil's probationary admission by a majority vote of	2819
its members. If a majority of the board does not adopt the	2820
recommendation to revoke the pupil's probationary admission, the	2821
pupil shall continue to attend school in compliance with the	2822
pupil's probationary admission plan.	2823

(d) If a pupil who is permitted to attend school under	2824
probationary admission pursuant to division (F)(2)(b) of this	2825
section complies with the probationary admission plan prepared	2826
pursuant to division (F)(2)(a) of this section, the pupil or the	2827
pupil's parent, guardian, or custodian, at any time before the	2828
expiration of the ninety-day probationary admission period, may	2829
request the superintendent of the school district to extend the	2830
terms and period of the pupil's probationary admission for a	2831
period not to exceed ninety days or to issue a recommendation	2832
pursuant to division (F)(1) of this section that the pupil's	2833
permanent exclusion be revoked and the pupil be allowed to return	2834
to the public schools of this state.	2835

(e) If a pupil is granted an extension of the pupil's	2836
probationary admission pursuant to division (F)(2)(d) of this	2837
section, the pupil or the pupil's parent, guardian, or custodian,	2838
in the manner described in that division, may request, and the	2839
superintendent and board, in the manner described in that	2840
division, may recommend and grant, subsequent probationary	2841
admission periods not to exceed ninety days each. If a pupil who	2842
is permitted to attend school under an extension of a probationary	2843
admission plan complies with the probationary admission plan	2844
prepared pursuant to the extension, the pupil or the pupil's	2845
parent, guardian, or custodian may request a revocation of the	2846
pupil's permanent exclusion in the manner described in division	2847
(F)(2)(d) of this section.	2848

(f) Any extension of a probationary admission requested by a	2849
pupil or a pupil's parent, guardian, or custodian pursuant to	2850
divisions (F)(2)(d) or (e) of this section shall be subject to the	2851
adoption and approval of a probationary admission plan in the	2852
manner described in divisions (F)(2)(a) and (b) of this section	2853
and may be terminated as provided in division (F)(2)(c) of this	2854
section.	2855

(g) If the pupil has complied with any probationary admission	2856
plan and the superintendent issues a recommendation that seeks	2857
revocation of the pupil's permanent exclusion pursuant to division	2858
(F)(1) of this section, the pupil's compliance with any	2859
probationary admission plan may be considered along with other	2860
relevant factors in any determination or adjudication conducted	2861
pursuant to division (F)(1) of this section.	2862

(G)(1) Except as provided in division (G)(2) of this section,	2863
any information regarding the permanent exclusion of a pupil shall	2864
be included in the pupil's official records and shall be included	2865
in any records sent to any school district that requests the	2866
pupil's records.	2867

(2) When a pupil who has been permanently excluded from	2868
public school attendance reaches the age of twenty-two or when the	2869
permanent exclusion of a pupil has been revoked, all school	2870
districts that maintain records regarding the pupil's permanent	2871
exclusion shall remove all references to the exclusion from the	2872
pupil's file and shall destroy them.	2873

A pupil who has reached the age of twenty-two or whose	2874
permanent exclusion has been revoked may send a written notice to	2875
the superintendent of any school district maintaining records of	2876
the pupil's permanent exclusion requesting the superintendent to	2877
ensure that the records are removed from the pupil's file and	2878
destroyed. Upon receipt of the request and a determination that	2879
the pupil is twenty-two years of age or older or that the pupil's	2880
permanent exclusion has been revoked, the superintendent shall	2881
ensure that the records are removed from the pupil's file and	2882
destroyed.	2883

(H)(1) This section does not apply to any of the following:

2884

(a) An institution that is a residential facility, that	2885
receives and cares for children, that is maintained by the	2886
department of youth services, and that operates a school chartered	2887
by the state board of education under section 3301.16 of the	2888
Revised Code;	2889

(b) Any on-premises school operated by an out-of-home care	2890
entity, other than a school district, that is chartered by the	2891
state board of education under section 3301.16 of the Revised	2892
Code;	2893

(c) Any school operated in connection with an out-of-home	2894
care entity or a nonresidential youth treatment program that	2895
enters into a contract or agreement with a school district for the	2896
provision of educational services in a setting other than a	2897
setting that is a building or structure owned or controlled by the	2898
board of education of the school district during normal school	2899
hours.	2900

(2) This section does not prohibit any person who has been	2901
permanently excluded pursuant to this section and section 3301.121	2902
of the Revised Code from seeking a certificate of high school	2903
equivalence. A person who has been permanently excluded may be	2904
permitted to participate in a course of study in preparation for	2905
the tests of general educational development, except that the	2906
person shall not participate during normal school hours in that	2907
course of study in any building or structure owned or controlled	2908
by the board of education of a school district.	2909

(3) This section does not relieve any school district from	2910
any requirement under section 2151.357 or 3313.64 of the Revised	2911
Code to pay for the cost of educating any child who has been	2912
permanently excluded pursuant to this section and section 3301.121	2913
of the Revised Code.	2914

(I) As used in this section:

2915

(1) "Permanently exclude" means to forever prohibit an	2916
individual from attending any public school in this state that is	2917
operated by a city, local, exempted village, or joint vocational	2918
school district.	2919

(2) "Permanent exclusion" means the prohibition of a pupil	2920
forever from attending any public school in this state that is	2921
operated by a city, local, exempted village, or joint vocational	2922
school district.	2923

(3) "Out-of-home care" has the same meaning as in section	2924
2151.011 of the Revised Code.	2925

(4) "Certificate of high school equivalence" has the same	2926
meaning as in section 4109.06 of the Revised Code.	2927

(5) "Nonresidential youth treatment program" means a program	2928
designed to provide services to persons under the age of eighteen	2929
in a setting that does not regularly provide long-term overnight	2930
care, including settlement houses, diversion and prevention	2931
programs, run-away centers, and alternative education programs.	2932

(6) "Firearm" has the same meaning as provided pursuant to	2933
the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.	2934
8001(a)(2).	2935

(7) "Minor drug possession offense" has the same meaning as	2936
in section 2925.01 of the Revised Code.	2937

Sec. 3313.672.  (A)(1) At the time of initial entry to a	2938
public or nonpublic school, a pupil shall present to the person in	2939
charge of admission any records given the pupil by the public or	2940
nonpublic elementary or secondary school the pupil most recently	2941
attended; a certified copy of an order or decree, or modification	2942
of such an order or decree allocating parental rights and	2943
responsibilities for the care of a child and designating a	2944
residential parent and legal custodian of the child, as provided	2945
in division (B) of this section, if that type of order or decree	2946
has been issued; a copy of a power of attorney or caretaker	2947
authorization affidavit, if either has been executed with respect	2948
to the child pursuant to sections 3109.51 to 3109.80 of the	2949
Revised Code; and a certification of birth issued pursuant to	2950
Chapter 3705. of the Revised Code, a comparable certificate or	2951
certification issued pursuant to the statutes of another state,	2952
territory, possession, or nation, or a document in lieu of a	2953
certificate or certification as described in divisions (A)(1)(a)	2954
to (e) of this section. Any of the following shall be accepted in	2955
lieu of a certificate or certification of birth by the person in	2956
charge of admission:	2957

(a) A passport or attested transcript of a passport filed	2958
with a registrar of passports at a point of entry of the United	2959
States showing the date and place of birth of the child;	2960

(b) An attested transcript of the certificate of birth;

2961

(c) An attested transcript of the certificate of baptism or	2962
other religious record showing the date and place of birth of the	2963
child;	2964

(d) An attested transcript of a hospital record showing the	2965
date and place of birth of the child;	2966

(e) A birth affidavit.

2967

(2) WithinIf a pupil requesting admission to a school of the	2968
school district in which the pupil is entitled to attend school	2969
under section 3313.64 or 3313.65 of the Revised Code has been	2970
discharged or released from the custody of the department of youth	2971
services under section 5139.51 of the Revised Code just prior to	2972
requesting admission to the school, no school official shall admit	2973
that pupil until the records described in divisions (D)(4)(a) to	2974
(d) of section 2152.18 of the Revised Code have been received by	2975
the superintendent of the school district.	2976

(3) Except as otherwise provided in division (A)(2) of this	2977
section, within twenty-four hours of the entry into the school of	2978
a pupil described in division (A)(1) of this section, a school	2979
official shall request the pupil's official records from the	2980
public or nonpublic elementary or secondary school the pupil most	2981
recently attended. If the public or nonpublic school the pupil	2982
claims to have most recently attended indicates that it has no	2983
record of the pupil's attendance or the records are not received	2984
within fourteen days of the date of request, or if the pupil does	2985
not present a certification of birth described in division (A)(1)	2986
of this section, a comparable certificate or certification from	2987
another state, territory, possession, or nation, or another	2988
document specified in divisions (A)(1)(a) to (d) of this section,	2989
the principal or chief administrative officer of the school shall	2990
notify the law enforcement agency having jurisdiction in the area	2991
where the pupil resides of this fact and of the possibility that	2992
the pupil may be a missing child, as defined in section 2901.30 of	2993
the Revised Code.	2994

(B)(1) Whenever an order or decree allocating parental rights	2995
and responsibilities for the care of a child and designating a	2996
residential parent and legal custodian of the child, including a	2997
temporary order, is issued resulting from an action of divorce,	2998
alimony, annulment, or dissolution of marriage, and the order or	2999
decree pertains to a child who is a pupil in a public or nonpublic	3000
school, the residential parent of the child shall notify the	3001
school of those allocations and designations by providing the	3002
person in charge of admission at the pupil's school with a	3003
certified copy of the order or decree that made the allocation and	3004
designation. Whenever there is a modification of any order or	3005
decree allocating parental rights and responsibilities for the	3006
care of a child and designating a residential parent and legal	3007
custodian of the child that has been submitted to a school, the	3008
residential parent shall provide the person in charge of admission	3009
at the pupil's school with a certified copy of the order or decree	3010
that makes the modification.	3011

(2) Whenever a power of attorney is executed under sections	3012
3109.51 to 3109.62 of the Revised Code that pertains to a child	3013
who is a pupil in a public or nonpublic school, the attorney in	3014
fact shall notify the school of the power of attorney by providing	3015
the person in charge of admission with a copy of the power of	3016
attorney. Whenever a caretaker authorization affidavit is executed	3017
under sections 3109.64 to 3109.73 of the Revised Code that	3018
pertains to a child who is in a public or nonpublic school, the	3019
grandparent who executed the affidavit shall notify the school of	3020
the affidavit by providing the person in charge of admission with	3021
a copy of the affidavit.	3022

(C) If, at the time of a pupil's initial entry to a public or	3023
nonpublic school, the pupil is under the care of a shelter for	3024
victims of domestic violence, as defined in section 3113.33 of the	3025
Revised Code, the pupil or the pupil's parent shall notify the	3026
school of that fact. Upon being so informed, the school shall	3027
inform the elementary or secondary school from which it requests	3028
the pupil's records of that fact.	3029

Sec. 3313.85.  If the board of education of any city or,	3030
exempted village, or local school district or the governing board	3031
of any educational service center fails to perform the duties	3032
imposed upon it or fails to fill a vacancy in such board within a	3033
period of thirty days after such vacancy occurs, the probate court	3034
of the county in which such district or service center is located,	3035
upon being advised and satisfied of such failure, shall act as	3036
such board and perform all duties imposed upon such board.	3037

If the board of any local school district fails to perform	3038
the duties imposed upon it or fails to fill a vacancy in such	3039
board within a period of thirty days after such vacancy occurs,	3040
the board of the educational service center in which such district	3041
is located, upon being advised and satisfied of such failure,	3042
shall act as such board and perform all duties imposed upon such	3043
board.	3044

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	3045
(C) of this section, any student enrolled in kindergarten more	3046
than half time shall be reported as one-half student under this	3047
section.	3048

(A) The superintendent of each city and exempted village	3049
school district and of each educational service center shall, for	3050
the schools under the superintendent's supervision, certify to the	3051
state board of education on or before the fifteenth day of October	3052
in each year for the first full school week in October the formula	3053
ADM, which shall consist of the average daily membership during	3054
such week of the sum of the following:	3055

(1) On an FTE basis, the number of students in grades	3056
kindergarten through twelve receiving any educational services	3057
from the district, except that the following categories of	3058
students shall not be included in the determination:	3059

(a) Students enrolled in adult education classes;

3060

(b) Adjacent or other district students enrolled in the	3061
district under an open enrollment policy pursuant to section	3062
3313.98 of the Revised Code;	3063

(c) Students receiving services in the district pursuant to a	3064
compact, cooperative education agreement, or a contract, but who	3065
are entitled to attend school in another district pursuant to	3066
section 3313.64 or 3313.65 of the Revised Code;	3067

(d) Students for whom tuition is payable pursuant to sections	3068
3317.081 and 3323.141 of the Revised Code.	3069

(2) On an FTE basis, the number of students entitled to	3070
attend school in the district pursuant to section 3313.64 or	3071
3313.65 of the Revised Code, but receiving educational services in	3072
grades kindergarten through twelve from one or more of the	3073
following entities:	3074

(a) A community school pursuant to Chapter 3314. of the	3075
Revised Code, including any participation in a college pursuant to	3076
Chapter 3365. of the Revised Code while enrolled in such community	3077
school;	3078

(b) An alternative school pursuant to sections 3313.974 to	3079
3313.979 of the Revised Code as described in division (I)(2)(a) or	3080
(b) of this section;	3081

(c) A college pursuant to Chapter 3365. of the Revised Code,	3082
except when the student is enrolled in the college while also	3083
enrolled in a community school pursuant to Chapter 3314. of the	3084
Revised Code;	3085

(d) An adjacent or other school district under an open	3086
enrollment policy adopted pursuant to section 3313.98 of the	3087
Revised Code;	3088

(e) An educational service center or cooperative education	3089
district;	3090

(f) Another school district under a cooperative education	3091
agreement, compact, or contract.	3092

(3) Twenty per cent of the number of students enrolled in a	3093
joint vocational school district or under a vocational education	3094
compact, excluding any students entitled to attend school in the	3095
district under section 3313.64 or 3313.65 of the Revised Code who	3096
are enrolled in another school district through an open enrollment	3097
policy as reported under division (A)(2)(d) of this section and	3098
then enroll in a joint vocational school district or under a	3099
vocational education compact;	3100

(4) The number of handicapped children, other than	3101
handicapped preschool children, entitled to attend school in the	3102
district pursuant to section 3313.64 or 3313.65 of the Revised	3103
Code who are placed with a county MR/DD board, minus the number of	3104
such children placed with a county MR/DD board in fiscal year	3105
1998. If this calculation produces a negative number, the number	3106
reported under division (A)(4) of this section shall be zero.	3107

(B) To enable the department of education to obtain the data	3108
needed to complete the calculation of payments pursuant to this	3109
chapter, in addition to the formula ADM, each superintendent shall	3110
report separately the following student counts:	3111

(1) The total average daily membership in regular day classes	3112
included in the report under division (A)(1) or (2) of this	3113
section for kindergarten, and each of grades one through twelve in	3114
schools under the superintendent's supervision;	3115

(2) The number of all handicapped preschool children enrolled	3116
as of the first day of December in classes in the district that	3117
are eligible for approval under division (B) of section 3317.05 of	3118
the Revised Code and the number of those classes, which shall be	3119
reported not later than the fifteenth day of December, in	3120
accordance with rules adopted under that section;	3121

(3) The number of children entitled to attend school in the	3122
district pursuant to section 3313.64 or 3313.65 of the Revised	3123
Code who are participating in a pilot project scholarship program	3124
established under sections 3313.974 to 3313.979 of the Revised	3125
Code as described in division (I)(2)(a) or (b) of this section,	3126
are enrolled in a college under Chapter 3365. of the Revised Code,	3127
except when the student is enrolled in the college while also	3128
enrolled in a community school pursuant to Chapter 3314. of the	3129
Revised Code, are enrolled in an adjacent or other school district	3130
under section 3313.98 of the Revised Code, are enrolled in a	3131
community school established under Chapter 3314. of the Revised	3132
Code, including any participation in a college pursuant to Chapter	3133
3365. of the Revised Code while enrolled in such community school,	3134
or are participating in a program operated by a county MR/DD board	3135
or a state institution;	3136

(4) The number of pupils enrolled in joint vocational	3137
schools;	3138

(5) The average daily membership of handicapped children	3139
reported under division (A)(1) or (2) of this section receiving	3140
special education services for the category one handicap described	3141
in division (A) of section 3317.013 of the Revised Code;	3142

(6) The average daily membership of handicapped children	3143
reported under division (A)(1) or (2) of this section receiving	3144
special education services for category two handicaps described in	3145
division (B) of section 3317.013 of the Revised Code;	3146

(7) The average daily membership of handicapped children	3147
reported under division (A)(1) or (2) of this section receiving	3148
special education services for category three handicaps described	3149
in division (C) of section 3317.013 of the Revised Code;	3150

(8) The average daily membership of handicapped children	3151
reported under division (A)(1) or (2) of this section receiving	3152
special education services for category four handicaps described	3153
in division (D) of section 3317.013 of the Revised Code;	3154

(9) The average daily membership of handicapped children	3155
reported under division (A)(1) or (2) of this section receiving	3156
special education services for the category five handicap	3157
described in division (E) of section 3317.013 of the Revised Code;	3158

(10) The average daily membership of handicapped children	3159
reported under division (A)(1) or (2) of this section receiving	3160
special education services for category six handicaps described in	3161
division (F) of section 3317.013 of the Revised Code;	3162

(11) The average daily membership of pupils reported under	3163
division (A)(1) or (2) of this section enrolled in category one	3164
vocational education programs or classes, described in division	3165
(A) of section 3317.014 of the Revised Code, operated by the	3166
school district or by another district, other than a joint	3167
vocational school district, or by an educational service center;	3168

(12) The average daily membership of pupils reported under	3169
division (A)(1) or (2) of this section enrolled in category two	3170
vocational education programs or services, described in division	3171
(B) of section 3317.014 of the Revised Code, operated by the	3172
school district or another school district, other than a joint	3173
vocational school district, or by an educational service center;	3174

(13) The average number of children transported by the school	3175
district on board-owned or contractor-owned and -operated buses,	3176
reported in accordance with rules adopted by the department of	3177
education;	3178

(14)(a) The number of children, other than handicapped	3179
preschool children, the district placed with a county MR/DD board	3180
in fiscal year 1998;	3181

(b) The number of handicapped children, other than	3182
handicapped preschool children, placed with a county MR/DD board	3183
in the current fiscal year to receive special education services	3184
for the category one handicap described in division (A) of section	3185
3317.013 of the Revised Code;	3186

(c) The number of handicapped children, other than	3187
handicapped preschool children, placed with a county MR/DD board	3188
in the current fiscal year to receive special education services	3189
for category two handicaps described in division (B) of section	3190
3317.013 of the Revised Code;	3191

(d) The number of handicapped children, other than	3192
handicapped preschool children, placed with a county MR/DD board	3193
in the current fiscal year to receive special education services	3194
for category three handicaps described in division (C) of section	3195
3317.013 of the Revised Code;	3196

(e) The number of handicapped children, other than	3197
handicapped preschool children, placed with a county MR/DD board	3198
in the current fiscal year to receive special education services	3199
for category four handicaps described in division (D) of section	3200
3317.013 of the Revised Code;	3201

(f) The number of handicapped children, other than	3202
handicapped preschool children, placed with a county MR/DD board	3203
in the current fiscal year to receive special education services	3204
for the category five handicap described in division (E) of	3205
section 3317.013 of the Revised Code;	3206

(g) The number of handicapped children, other than	3207
handicapped preschool children, placed with a county MR/DD board	3208
in the current fiscal year to receive special education services	3209
for category six handicaps described in division (F) of section	3210
3317.013 of the Revised Code.	3211

(C)(1) Except as otherwise provided in this section for	3212
kindergarten students, the average daily membership in divisions	3213
(B)(1) to (12) of this section shall be based upon the number of	3214
full-time equivalent students. The state board of education shall	3215
adopt rules defining full-time equivalent students and for	3216
determining the average daily membership therefrom for the	3217
purposes of divisions (A), (B), and (D) of this section.	3218

(2) A student enrolled in a community school established	3219
under Chapter 3314. of the Revised Code shall be counted in the	3220
formula ADM and, if applicable, the category one, two, three,	3221
four, five, or six special education ADM of the school district in	3222
which the student is entitled to attend school under section	3223
3313.64 or 3313.65 of the Revised Code for the same proportion of	3224
the school year that the student is counted in the enrollment of	3225
the community school for purposes of section 3314.08 of the	3226
Revised Code.	3227

(3) No child shall be counted as more than a total of one	3228
child in the sum of the average daily memberships of a school	3229
district under division (A), divisions (B)(1) to (12), or division	3230
(D) of this section, except as follows:	3231

(a) A child with a handicap described in section 3317.013 of	3232
the Revised Code may be counted both in formula ADM and in	3233
category one, two, three, four, five, or six special education ADM	3234
and, if applicable, in category one or two vocational education	3235
ADM. As provided in division (C) of section 3317.02 of the Revised	3236
Code, such a child shall be counted in category one, two, three,	3237
four, five, or six special education ADM in the same proportion	3238
that the child is counted in formula ADM.	3239

(b) A child enrolled in vocational education programs or	3240
classes described in section 3317.014 of the Revised Code may be	3241
counted both in formula ADM and category one or two vocational	3242
education ADM and, if applicable, in category one, two, three,	3243
four, five, or six special education ADM. Such a child shall be	3244
counted in category one or two vocational education ADM in the	3245
same proportion as the percentage of time that the child spends in	3246
the vocational education programs or classes.	3247

(4) Based on the information reported under this section, the	3248
department of education shall determine the total student count,	3249
as defined in section 3301.011 of the Revised Code, for each	3250
school district.	3251

(D)(1) The superintendent of each joint vocational school	3252
district shall certify to the superintendent of public instruction	3253
on or before the fifteenth day of October in each year for the	3254
first full school week in October the formula ADM, which, except	3255
as otherwise provided in this division, shall consist of the	3256
average daily membership during such week, on an FTE basis, of the	3257
number of students receiving any educational services from the	3258
district, including students enrolled in a community school	3259
established under Chapter 3314. of the Revised Code who are	3260
attending the joint vocational district under an agreement between	3261
the district board of education and the governing authority of the	3262
community school and are entitled to attend school in a city,	3263
local, or exempted village school district whose territory is part	3264
of the territory of the joint vocational district.	3265

The following categories of students shall not be included in	3266
the determination made under division (D)(1) of this section:	3267

(a) Students enrolled in adult education classes;

3268

(b) Adjacent or other district joint vocational students	3269
enrolled in the district under an open enrollment policy pursuant	3270
to section 3313.98 of the Revised Code;	3271

(c) Students receiving services in the district pursuant to a	3272
compact, cooperative education agreement, or a contract, but who	3273
are entitled to attend school in a city, local, or exempted	3274
village school district whose territory is not part of the	3275
territory of the joint vocational district;	3276

(d) Students for whom tuition is payable pursuant to sections	3277
3317.081 and 3323.141 of the Revised Code.	3278

(2) To enable the department of education to obtain the data	3279
needed to complete the calculation of payments pursuant to this	3280
chapter, in addition to the formula ADM, each superintendent shall	3281
report separately the average daily membership included in the	3282
report under division (D)(1) of this section for each of the	3283
following categories of students:	3284

(a) Students enrolled in each grade included in the joint	3285
vocational district schools;	3286

(b) Handicapped children receiving special education services	3287
for the category one handicap described in division (A) of section	3288
3317.013 of the Revised Code;	3289

(c) Handicapped children receiving special education services	3290
for the category two handicaps described in division (B) of	3291
section 3317.013 of the Revised Code;	3292

(d) Handicapped children receiving special education services	3293
for category three handicaps described in division (C) of section	3294
3317.013 of the Revised Code;	3295

(e) Handicapped children receiving special education services	3296
for category four handicaps described in division (D) of section	3297
3317.013 of the Revised Code;	3298

(f) Handicapped children receiving special education services	3299
for the category five handicap described in division (E) of	3300
section 3317.013 of the Revised Code;	3301

(g) Handicapped children receiving special education services	3302
for category six handicaps described in division (F) of section	3303
3317.013 of the Revised Code;	3304

(h) Students receiving category one vocational education	3305
services, described in division (A) of section 3317.014 of the	3306
Revised Code;	3307

(i) Students receiving category two vocational education	3308
services, described in division (B) of section 3317.014 of the	3309
Revised Code.	3310

The superintendent of each joint vocational school district	3311
shall also indicate the city, local, or exempted village school	3312
district in which each joint vocational district pupil is entitled	3313
to attend school pursuant to section 3313.64 or 3313.65 of the	3314
Revised Code.	3315

(E) In each school of each city, local, exempted village,	3316
joint vocational, and cooperative education school district there	3317
shall be maintained a record of school membership, which record	3318
shall accurately show, for each day the school is in session, the	3319
actual membership enrolled in regular day classes. For the purpose	3320
of determining average daily membership, the membership figure of	3321
any school shall not include any pupils except those pupils	3322
described by division (A) of this section. The record of	3323
membership for each school shall be maintained in such manner that	3324
no pupil shall be counted as in membership prior to the actual	3325
date of entry in the school and also in such manner that where for	3326
any cause a pupil permanently withdraws from the school that pupil	3327
shall not be counted as in membership from and after the date of	3328
such withdrawal. There shall not be included in the membership of	3329
any school any of the following:	3330

(1) Any pupil who has graduated from the twelfth grade of a	3331
public high school;	3332

(2) Any pupil who is not a resident of the state;

3333

(3) Any pupil who was enrolled in the schools of the district	3334
during the previous school year when tests were administered under	3335
section 3301.0711 of the Revised Code but did not take one or more	3336
of the tests required by that section and was not excused pursuant	3337
to division (C)(1) or (3) of that section;	3338

(4) Any pupil who has attained the age of twenty-two years,	3339
except for veterans of the armed services whose attendance was	3340
interrupted before completing the recognized twelve-year course of	3341
the public schools by reason of induction or enlistment in the	3342
armed forces and who apply for reenrollment in the public school	3343
system of their residence not later than four years after	3344
termination of war or their honorable discharge.	3345

If, however, any veteran described by division (E)(4) of this	3346
section elects to enroll in special courses organized for veterans	3347
for whom tuition is paid under the provisions of federal laws, or	3348
otherwise, that veteran shall not be included in average daily	3349
membership.	3350

Notwithstanding division (E)(3) of this section, the	3351
membership of any school may include a pupil who did not take a	3352
test required by section 3301.0711 of the Revised Code if the	3353
superintendent of public instruction grants a waiver from the	3354
requirement to take the test to the specific pupil. The	3355
superintendent may grant such a waiver only for good cause in	3356
accordance with rules adopted by the state board of education.	3357

Except as provided in divisions (B)(2) and (F) of this	3358
section, the average daily membership figure of any local, city,	3359
exempted village, or joint vocational school district shall be	3360
determined by dividing the figure representing the sum of the	3361
number of pupils enrolled during each day the school of attendance	3362
is actually open for instruction during the first full school week	3363
in October by the total number of days the school was actually	3364
open for instruction during that week. For purposes of state	3365
funding, "enrolled" persons are only those pupils who are	3366
attending school, those who have attended school during the	3367
current school year and are absent for authorized reasons, and	3368
those handicapped children currently receiving home instruction.	3369

The average daily membership figure of any cooperative	3370
education school district shall be determined in accordance with	3371
rules adopted by the state board of education.	3372

(F)(1) If the formula ADM for the first full school week in	3373
February is at least three per cent greater than that certified	3374
for the first full school week in the preceding October, the	3375
superintendent of schools of any city, exempted village, or joint	3376
vocational school district or educational service center shall	3377
certify such increase to the superintendent of public instruction.	3378
Such certification shall be submitted no later than the fifteenth	3379
day of February. For the balance of the fiscal year, beginning	3380
with the February payments, the superintendent of public	3381
instruction shall use the increased formula ADM in calculating or	3382
recalculating the amounts to be allocated in accordance with	3383
section 3317.022 or 3317.16 of the Revised Code. In no event shall	3384
the superintendent use an increased membership certified to the	3385
superintendent after the fifteenth day of February.	3386

(2) If on the first school day of April the total number of	3387
classes or units for handicapped preschool children that are	3388
eligible for approval under division (B) of section 3317.05 of the	3389
Revised Code exceeds the number of units that have been approved	3390
for the year under that division, the superintendent of schools of	3391
any city, exempted village, or cooperative education school	3392
district or educational service center shall make the	3393
certifications required by this section for that day. If the	3394
department determines additional units can be approved for the	3395
fiscal year within any limitations set forth in the acts	3396
appropriating moneys for the funding of such units, the department	3397
shall approve additional units for the fiscal year on the basis of	3398
such average daily membership. For each unit so approved, the	3399
department shall pay an amount computed in the manner prescribed	3400
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	3401
Code.	3402

(3) If a student attending a community school under Chapter	3403
3314. of the Revised Code is not included in the formula ADM	3404
certified for the first full school week of October for the school	3405
district in which the student is entitled to attend school under	3406
section 3313.64 or 3313.65 of the Revised Code, the department of	3407
education shall adjust the formula ADM of that school district to	3408
include the community school student in accordance with division	3409
(C)(2) of this section, and shall recalculate the school	3410
district's payments under this chapter for the entire fiscal year	3411
on the basis of that adjusted formula ADM. This requirement	3412
applies regardless of whether the student was enrolled, as defined	3413
in division (E) of this section, in the community school during	3414
the first full school week in October.	3415

(G)(1)(a) The superintendent of an institution operating a	3416
special education program pursuant to section 3323.091 of the	3417
Revised Code shall, for the programs under such superintendent's	3418
supervision, certify to the state board of education the average	3419
daily membership of all handicapped children in classes or	3420
programs approved annually by the department of education, in the	3421
manner prescribed by the superintendent of public instruction.	3422

(b) The superintendent of an institution with vocational	3423
education units approved under division (A) of section 3317.05 of	3424
the Revised Code shall, for the units under the superintendent's	3425
supervision, certify to the state board of education the average	3426
daily membership in those units, in the manner prescribed by the	3427
superintendent of public instruction.	3428

(2) The superintendent of each county MR/DD board that	3429
maintains special education classes under section 3317.20 of the	3430
Revised Code or units approved pursuant to section 3317.05 of the	3431
Revised Code shall do both of the following:	3432

(a) Certify to the state board, in the manner prescribed by	3433
the board, the average daily membership in classes under section	3434
3317.20 of the Revised Code for each school district that has	3435
placed children in the classes;	3436

(b) Certify to the state board, in the manner prescribed by	3437
the board, the number of all handicapped preschool children	3438
enrolled as of the first day of December in classes eligible for	3439
approval under division (B) of section 3317.05 of the Revised	3440
Code, and the number of those classes.	3441

(3)(a) If on the first school day of April the number of	3442
classes or units maintained for handicapped preschool children by	3443
the county MR/DD board that are eligible for approval under	3444
division (B) of section 3317.05 of the Revised Code is greater	3445
than the number of units approved for the year under that	3446
division, the superintendent shall make the certification required	3447
by this section for that day.	3448

(b) If the department determines that additional classes or	3449
units can be approved for the fiscal year within any limitations	3450
set forth in the acts appropriating moneys for the funding of the	3451
classes and units described in division (G)(3)(a) of this section,	3452
the department shall approve and fund additional units for the	3453
fiscal year on the basis of such average daily membership. For	3454
each unit so approved, the department shall pay an amount computed	3455
in the manner prescribed in sections 3317.052 and 3317.053 of the	3456
Revised Code.	3457

(H) Except as provided in division (I) of this section, when	3458
any city, local, or exempted village school district provides	3459
instruction for a nonresident pupil whose attendance is	3460
unauthorized attendance as defined in section 3327.06 of the	3461
Revised Code, that pupil's membership shall not be included in	3462
that district's membership figure used in the calculation of that	3463
district's formula ADM or included in the determination of any	3464
unit approved for the district under section 3317.05 of the	3465
Revised Code. The reporting official shall report separately the	3466
average daily membership of all pupils whose attendance in the	3467
district is unauthorized attendance, and the membership of each	3468
such pupil shall be credited to the school district in which the	3469
pupil is entitled to attend school under division (B) of section	3470
3313.64 or section 3313.65 of the Revised Code as determined by	3471
the department of education.	3472

(I)(1) A city, local, exempted village, or joint vocational	3473
school district admitting a scholarship student of a pilot project	3474
district pursuant to division (C) of section 3313.976 of the	3475
Revised Code may count such student in its average daily	3476
membership.	3477

(2) In any year for which funds are appropriated for pilot	3478
project scholarship programs, a school district implementing a	3479
state-sponsored pilot project scholarship program that year	3480
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	3481
count in average daily membership:	3482

(a) All children residing in the district and utilizing a	3483
scholarship to attend kindergarten in any alternative school, as	3484
defined in section 3313.974 of the Revised Code;	3485

(b) All children who were enrolled in the district in the	3486
preceding year who are utilizing a scholarship to attend any such	3487
alternative school.	3488

(J) The superintendent of each cooperative education school	3489
district shall certify to the superintendent of public	3490
instruction, in a manner prescribed by the state board of	3491
education, the applicable average daily memberships for all	3492
students in the cooperative education district, also indicating	3493
the city, local, or exempted village district where each pupil is	3494
entitled to attend school under section 3313.64 or 3313.65 of the	3495
Revised Code.	3496

Sec. 3319.29.  Each application for any license or	3497
certificate pursuant to sections 3319.22 to 3319.27 of the Revised	3498
Code or for any permit pursuant to section 3319.301 or, 3319.302,	3499
3319.303, or 3319.304 of the Revised Code, or renewal or duplicate	3500
of such a license, certificate, or permit, shall be accompanied by	3501
the payment of a fee in the amount established under division (A)	3502
of section 3319.51 of the Revised Code. Any fees received under	3503
this section shall be paid into the state treasury to the credit	3504
of the state board of education licensure fund established under	3505
division (B) of section 3319.51 of the Revised Code.	3506

Any person applying for or holding a license, certificate, or	3507
permit pursuant to this section and sections 3319.22 to 3319.27 or	3508
section 3319.301 or, 3319.302, 3319.303, or 3319.304 of the	3509
Revised Code is subject to sections 3123.41 to 3123.50 of the	3510
Revised Code and any applicable rules adopted under section	3511
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	3512
the Revised Code.	3513

Sec. 3319.291.  (A) When any person initially applies for any	3514
certificate, license, or permit described in division (B) of	3515
section 3301.071, in section 3301.074, 3319.088, or 3319.29,	3516
3319.302, or 3319.304, or in division (A) of section 3319.303 of	3517
the Revised Code, the state board of education shall require the	3518
person to submit with the application two complete sets of	3519
fingerprints and written permission that authorizes the	3520
superintendent of public instruction to forward the fingerprints	3521
to the bureau of criminal identification and investigation	3522
pursuant to division (F) of section 109.57 of the Revised Code and	3523
that authorizes that bureau to forward the fingerprints to the	3524
federal bureau of investigation for purposes of obtaining any	3525
criminal records that the federal bureau maintains on the person.	3526

(B) The state board of education or the superintendent of	3527
public instruction mayshall request the superintendent of the	3528
bureau of criminal identification and investigation to do either	3529
or both of the following:	3530

(1) Investigateinvestigate and determine whether the bureau	3531
has any information, gathered pursuant to division (A) of section	3532
109.57 of the Revised Code, pertaining to any person submitting	3533
fingerprints and written permission under this section;	3534

(2) Obtain. If the person does not present proof that the	3535
person has been a resident of this state for the five-year period	3536
immediately prior to the date upon which the investigation	3537
described in this division is requested, or does not provide	3538
evidence that within that five-year period the superintendent of	3539
the bureau of criminal identification and investigation has	3540
requested information about the person from the federal bureau of	3541
investigation, the state board or the superintendent of public	3542
instruction shall request the superintendent of the bureau of	3543
criminal identification and investigation to obtain any criminal	3544
records that the federal bureau of investigation has on the	3545
person. If the person presents proof that the person has been a	3546
resident of this state for that five-year period, the state board	3547
or the superintendent of public instruction may request the	3548
superintendent of the bureau of criminal identification and	3549
investigation to obtain any criminal records that the federal	3550
bureau of investigation has on the person.	3551

Sec. 3319.303. (A) The state board of education shall adopt	3552
rules establishing standards and requirements for obtaining a	3553
pupil-activity program permit for any individual who does not hold	3554
a valid educator license, certificate, or permit issued by the	3555
state board under section 3319.22, 3319.26, 3319.27, or 3319.302,	3556
or 3319.304 of the Revised Code. The permit issued under this	3557
section shall be valid for coaching, supervising, or directing a	3558
pupil-activity program under section 3313.53 of the Revised Code.	3559
Subject to the provisions of section 3319.31 of the Revised Code,	3560
a permit issued under this section shall be valid for three years	3561
and shall be renewable.	3562

(B) The state board shall adopt rules applicable to	3563
individuals who hold valid educator licenses, certificates, or	3564
permits issued by the state board under section 3319.22, 3319.26,	3565
3319.27, or 3319.302, or 3319.304 of the Revised Code setting	3566
forth standards to assure any such individual's competence to	3567
direct, supervise, or coach a pupil-activity program. The rules	3568
adopted under this division shall not be more stringent than the	3569
standards set forth in rules applicable to individuals who do not	3570
hold such licenses, certificates, or permits adopted under	3571
division (A) of this section.	3572

Sec. 7.        Sec. 3319.304. No one-year conditional teaching permit in	3573
the area of intervention specialist shall be issued under this	3574
section later than three years after the effective date of this	3575
act.	3576

Unless the provisions of division (B) or (C) of section	3577
3319.31 of the Revised Code apply to an applicant, the State Board	3578
state board of Educationeducation shall issue a one-year	3579
conditional teaching permit in the area of intervention	3580
specialist, as defined by rule of the state board, to any	3581
applicant who meets the following conditions:	3582

(A) Holds a bachelor's degree;

3583

(B) Has successfully completed a basic skills test as	3584
prescribed by the State Boardstate board;	3585

(C) Has completed either as part of the applicant's degree	3586
program or separate from it the equivalent of at least fifteen	3587
semester hours of coursework in the principles and practices of	3588
teaching exceptional children, including such topics as child and	3589
adolescent development, diagnosis and assessment of children with	3590
disabilities, curriculum design and instruction, applied	3591
behavioral analysis, and how to best teach students from	3592
culturally diverse backgrounds with different learning styles;	3593

(D) The applicant has entered into a written agreement with	3594
the Departmentdepartment of Educationeducation and the school	3595
district, community school, or nonprofit or for profit entity	3596
operating an alternative school under section 3313.533 of the	3597
Revised Code that will employ the applicant under which the	3598
district, school, or entity will provide for the applicant a	3599
structured mentoring program in the teaching of exceptional	3600
children that is aligned with the performance expectations	3601
prescribed by State Boardstate board rule for entry-year	3602
teachers.	3603

(E) The applicant agrees to complete while employed under the	3604
one-year teaching permit the equivalent of an additional three	3605
semester hours of coursework in the content and methods of	3606
teaching reading. The coursework may be completed through classes	3607
offered by regional professional development providers, such as	3608
special education regional resource centers, regional professional	3609
development centers, educational service centers, local	3610
educational agencies, professional organizations, and institutions	3611
of higher education, if the coursework is taken for credit in	3612
collaboration with a college or university that has a teacher	3613
education program approved by the State Boardstate board.	3614

(F) The applicant agrees to seek at the conclusion of the	3615
year in which the individual is employed under the one-year	3616
teaching permit issued under this section an alternative educator	3617
license issued under section 3319.26 of the Revised Code in the	3618
area of intervention specialist. The applicant shall not be	3619
reemployed by the school district, community school, or nonprofit	3620
or for profit entity operating an alternative school under section	3621
3313.533 of the Revised Code or be employed by another such	3622
district, school, or entity unless that alternative educator	3623
license is issued to the applicant prior to the beginning of the	3624
next school year.	3625

(G) The applicant pays the fee established under section	3626
3319.51 of the Revised Code applicable to one-year conditional	3627
teaching permits issued under section 3319.302 of the Revised	3628
Code. Such fee shall be deposited in the State Board of Education	3629
Licensure Fund in accordance with division (B) of section 3319.51	3630
of the Revised Code.	3631

Sec. 3319.31.  (A) As used in this section and sections	3632
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	3633
means a certificate, license, or permit described in division (B)	3634
of section 3301.071, in section 3301.074, 3319.088, 3319.29, or	3635
3319.302, or 3319.304, or in division (A) of section 3319.303 of	3636
the Revised Code.	3637

(B) For any of the following reasons, the state board of	3638
education, in accordance with Chapter 119. and section 3319.311 of	3639
the Revised Code, may refuse to issue a license to an applicant,	3640
may limit a license it issues to an applicant, or may suspend,	3641
revoke, or limit a license that has been issued to any person:	3642

(1) Engaging in an immoral act, incompetence, negligence, or	3643
conduct that is unbecoming to the applicant's or person's	3644
position;	3645

(2) A plea of guilty to, a finding of guilt by a jury or	3646
court of, or a conviction of any of the following:	3647

(a) A felony;

3648

(b) A violation of section 2907.04 or 2907.06 or division (A)	3649
or (B) of section 2907.07 of the Revised Code;	3650

(c) An offense of violence;

3651

(d) A theft offense, as defined in section 2913.01 of the	3652
Revised Code;	3653

(e) A drug abuse offense, as defined in section 2925.01 of	3654
the Revised Code, that is not a minor misdemeanor;	3655

(f) A violation of an ordinance of a municipal corporation	3656
that is substantively comparable to an offense listed in divisions	3657
(B)(2)(a) to (e) of this section.	3658

(C) The state board may take action under division (B) of	3659
this section on the basis of substantially comparable conduct	3660
occurring in a jurisdiction outside this state or occurring before	3661
a person applies for or receives any license.	3662

(D) The state board may adopt rules in accordance with	3663
Chapter 119. of the Revised Code to carry out this section and	3664
section 3319.311 of the Revised Code.	3665

Sec. 3319.51.  (A) The state board of education shall	3666
annually establish the amount of the fees required to be paid	3667
under division (B) of section 3301.071, under sections 3301.074,	3668
3319.088, 3319.29, and 3319.302, and 3319.304, and under division	3669
(A) of section 3319.303 of the Revised Code. The amount of these	3670
fees shall be such that they, along with any appropriation made to	3671
the fund established under division (B) of this section, will be	3672
sufficient to cover the annual estimated cost of administering the	3673
sections of law listed under division (B) of this section.	3674

(B) There is hereby established in the state treasury the	3675
state board of education licensure fund, which shall be used by	3676
the state board of education solely to pay the cost of	3677
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	3678
3319.29, 3319.291, 3319.301, 3319.302, 3319.303, 3319.304, and	3679
3319.31 of the Revised Code. The fund shall consist of the amounts	3680
paid into the fund pursuant to division (B) of section 3301.071,	3681
sections 3301.074, 3319.088, 3319.29, and 3319.302, and 3319.304,	3682
and division (A) of section 3319.303 of the Revised Code and any	3683
appropriations to the fund by the general assembly.	3684

Sec. 3319.55.  (A) A grant program is hereby established to	3685
recognize and reward public school teachers who hold valid	3686
teaching certificates or licenses issued by the national board for	3687
professional teaching standards. The superintendent of public	3688
instruction shall administer this program in accordance with this	3689
section and rules which the state board of education shall adopt	3690
in accordance with Chapter 119. of the Revised Code.	3691

In each fiscal year that the general assembly appropriates	3692
funds for purposes of this section, the superintendent of public	3693
instruction shall award a grant to each person who, by the first	3694
day of AugustApril of that year and in accordance with the rules	3695
adopted under this section, submits to the superintendent evidence	3696
indicating all of the following:	3697

(1) The person holds a valid certificate or license issued by	3698
the national board for professional teaching standards;	3699

(2) The person washas been employed full-time as a teacher	3700
by the board of education of a school district in this state	3701
during the current school year that immediately preceded the	3702
fiscal year;	3703

(3) The date the person was accepted into the national board	3704
certification or licensure program.	3705

An individual may receive a grant under this section in each	3706
fiscal year the person is eligible for a grant and submits	3707
evidence of that eligibility in accordance with this section.	3708

(B) The amount of the grant awarded to each eligible person	3709
under division (A) of this section in any fiscal year shall equal	3710
the following:	3711

(1) Two thousand five hundred dollars for any teacher	3712
accepted as a candidate for certification or licensure by the	3713
national board on or before May 31, 2003, and issued a certificate	3714
or license by the national board on or before December 31, 2004;	3715

(2) One thousand dollars for any other teacher issued a	3716
certificate or license by the national board.	3717

However, if the funds appropriated for purposes of this	3718
section in any fiscal year are not sufficient to award the full	3719
grant amount to each person who is eligible in that fiscal year,	3720
the superintendent shall prorate the amount of the grant awarded	3721
in that fiscal year to each eligible person.	3722

Sec. 3381.04.  In lieu of the procedure set forth in section	3723
3381.03 of the Revised Code, any county containing a city with a	3724
population of five hundred thousand or more may at any time prior	3725
to the creation of a regional arts and cultural district pursuant	3726
to section 3381.03 of the Revised Code, create a regional arts and	3727
cultural district by adoption of a resolution or ordinance by the	3728
board of county commissioners of such county. Such resolution	3729
shall state:	3730

(A) The purposes for the creation of the district;

3731

(B) That the territory of the district shall be coextensive	3732
with the territory of such county;	3733

(C) The official name by which the district shall be known;

3734

(D) The location of the principal office of the district or	3735
the manner in which the location shall be selected.	3736

The district provided for in such resolution or ordinance	3737
shall be created upon the adoption of such resolution or ordinance	3738
by the board of county commissioners of such county. Upon the	3739
adoption of such resolution or ordinance, such county and the	3740
municipal corporations and townships contained therein shall not	3741
thereafter be a part of any other regional arts and cultural	3742
district.	3743

The board of trustees of any regional arts and cultural	3744
district formed in accordance with this section shall be comprised	3745
of the same persons who comprise such county's board of county	3746
commissioners.	3747

Sec. 5139.05.  (A) The juvenile court may commit any child to	3748
the department of youth services as authorized in Chapter 2152. of	3749
the Revised Code, provided that any child so committed shall be at	3750
least ten years of age at the time of the child's delinquent act,	3751
and, if the child is ten or eleven years of age, the delinquent	3752
act is a violation of section 2909.03 of the Revised Code or would	3753
be aggravated murder, murder, or a first or second degree felony	3754
offense of violence if committed by an adult. Any order to commit	3755
a child to an institution under the control and management of the	3756
department shall have the effect of ordering that the child be	3757
committed to the department and assigned to an institution as	3758
follows:	3759

(1) For an indefinite term consisting of the prescribed	3760
minimum period specified by the court under division (A)(1) of	3761
section 2152.16 of the Revised Code and a maximum period not to	3762
exceed the child's attainment of twenty-one years of age, if the	3763
child was committed pursuant to section 2152.16 of the Revised	3764
Code;	3765

(2) Until the child's attainment of twenty-one years of age,	3766
if the child was committed for aggravated murder or murder	3767
pursuant to section 2152.16 of the Revised Code;	3768

(3) For a period of commitment that shall be in addition to,	3769
and shall be served consecutively with and prior to, a period of	3770
commitment described in division (A)(1) or (2) of this section, if	3771
the child was committed pursuant to section 2152.17 of the Revised	3772
Code;	3773

(4) If the child is ten or eleven years of age, to an	3774
institution, a residential care facility, a residential facility,	3775
or a facility licensed by the department of job and family	3776
services that the department of youth services considers best	3777
designated for the training and rehabilitation of the child and	3778
protection of the public. The child shall be housed separately	3779
from children who are twelve years of age or older until the child	3780
is released or discharged or until the child attains twelve years	3781
of age, whichever occurs first. Upon the child's attainment of	3782
twelve years of age, if the child has not been released or	3783
discharged, the department is not required to house the child	3784
separately.	3785

(B)(1) Except as otherwise provided in section 5139.54 of the	3786
Revised Code, the release authority of the department of youth	3787
services, in accordance with section 5139.51 of the Revised Code	3788
and at any time after the end of the minimum period specified	3789
under division (A)(1) of section 2152.16 of the Revised Code, may	3790
grant the release from custody of any child committed to the	3791
department.	3792

The order committing a child to the department of youth	3793
services shall state that the child has been adjudicated a	3794
delinquent child and state the minimum period. The jurisdiction of	3795
the court terminates at the end of the minimum period except as	3796
follows:	3797

(a) In relation to judicial release procedures, supervision,	3798
and violations;	3799

(b) With respect to functions of the court related to the	3800
revocation of supervised release that are specified in sections	3801
5139.51 and 5139.52 of the Revised Code;	3802

(c) In relation to its duties relating to serious youthful	3803
offender dispositional sentences under sections 2152.13 and	3804
2152.14 of the Revised Code.	3805

(2) When a child has been committed to the department under	3806
section 2152.16 of the Revised Code, the department shall retain	3807
legal custody of the child until one of the following:	3808

(a) The department discharges the child to the exclusive	3809
management, control, and custody of the child's parent or the	3810
guardian of the child's person or, if the child is eighteen years	3811
of age or older, discharges the child.	3812

(b) The committing court, upon its own motion, upon petition	3813
of the parent, guardian of the person, or next friend of a child,	3814
or upon petition of the department, terminates the department's	3815
legal custody of the child.	3816

(c) The committing court grants the child a judicial release	3817
to court supervision under section 2152.22 of the Revised Code.	3818

(d) The department's legal custody of the child is terminated	3819
automatically by the child attaining twenty-one years of age.	3820

(e) If the child is subject to a serious youthful offender	3821
dispositional sentence, the adult portion of that dispositional	3822
sentence is imposed under section 2152.14 of the Revised Code.	3823

(C) When a child is committed to the department of youth	3824
services, the department may assign the child to a hospital for	3825
mental, physical, and other examination, inquiry, or treatment for	3826
the period of time that is necessary. The department may remove	3827
any child in its custody to a hospital for observation, and a	3828
complete report of every observation at the hospital shall be made	3829
in writing and shall include a record of observation, treatment,	3830
and medical history and a recommendation for future treatment,	3831
custody, and maintenance. The department shall thereupon order the	3832
placement and treatment that it determines to be most conducive to	3833
the purposes of Chapters 2151. and 5139. of the Revised Code. The	3834
committing court and all public authorities shall make available	3835
to the department all pertinent data in their possession with	3836
respect to the case.	3837

(D) Records maintained by the department of youth services	3838
pertaining to the children in its custody shall be accessible only	3839
to department employees, except by consent of the department or,	3840
upon the order of the judge of a court of record, or as provided	3841
in divisions (D)(1) and (2) of this section. These records shall	3842
not be considered "public records," as defined in section 149.43	3843
of the Revised Code.	3844

(1) Except as otherwise provided by a law of this state or	3845
the United States, the department of youth services may release	3846
records that are maintained by the department of youth services	3847
and that pertain to children in its custody to the department of	3848
rehabilitation and correction regarding persons who are under the	3849
jurisdiction of the department of rehabilitation and correction	3850
and who have previously been committed to the department of youth	3851
services. The department of rehabilitation and correction may use	3852
those records for the limited purpose of carrying out the duties	3853
of the department of rehabilitation and correction. Records	3854
released by the department of youth services to the department of	3855
rehabilitation and correction shall remain confidential and shall	3856
not be considered public records as defined in section 149.43 of	3857
the Revised Code.	3858

(2) The department of youth services shall provide to the	3859
superintendent of the school district in which a child discharged	3860
or released from the custody of the department is entitled to	3861
attend school under section 3313.64 or 3313.65 of the Revised Code	3862
the records described in divisions (D)(4)(a) to (d) of section	3863
2152.18 of the Revised Code. Subject to the provisions of section	3864
3319.321 of the Revised Code and the Family Educational Rights and	3865
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	3866
the superintendent shall remain confidential and shall not be	3867
considered public records as defined in section 149.43 of the	3868
Revised Code.	3869

(E)(1) When a child is committed to the department of youth	3870
services, the department, orally or in writing, shall notify the	3871
parent, guardian, or custodian of a child that the parent,	3872
guardian, or custodian may request at any time from the	3873
superintendent of the institution in which the child is located	3874
any of the information described in divisions (E)(1)(a), (b), (c),	3875
and (d) of this section. The parent, guardian, or custodian may	3876
provide the department with the name, address, and telephone	3877
number of the parent, guardian, or custodian, and, until the	3878
department is notified of a change of name, address, or telephone	3879
number, the department shall use the name, address, and telephone	3880
number provided by the parent, guardian, or custodian to provide	3881
notices or answer inquiries concerning the following information:	3882

(a) When the department of youth services makes a permanent	3883
assignment of the child to a facility, the department, orally or	3884
in writing and on or before the third business day after the day	3885
the permanent assignment is made, shall notify the parent,	3886
guardian, or custodian of the child of the name of the facility to	3887
which the child has been permanently assigned.	3888

If a parent, guardian, or custodian of a child who is	3889
committed to the department of youth services requests, orally or	3890
in writing, the department to provide the parent, guardian, or	3891
custodian with the name of the facility in which the child is	3892
currently located, the department, orally or in writing and on or	3893
before the next business day after the day on which the request is	3894
made, shall provide the name of that facility to the parent,	3895
guardian, or custodian.	3896

(b) If a parent, guardian, or custodian of a child who is	3897
committed to the department of youth services, orally or in	3898
writing, asks the superintendent of the institution in which the	3899
child is located whether the child is being disciplined by the	3900
personnel of the institution, what disciplinary measure the	3901
personnel of the institution are using for the child, or why the	3902
child is being disciplined, the superintendent or the	3903
superintendent's designee, on or before the next business day	3904
after the day on which the request is made, shall provide the	3905
parent, guardian, or custodian with written or oral responses to	3906
the questions.	3907

(c) If a parent, guardian, or custodian of a child who is	3908
committed to the department of youth services, orally or in	3909
writing, asks the superintendent of the institution in which the	3910
child is held whether the child is receiving any medication from	3911
personnel of the institution, what type of medication the child is	3912
receiving, or what condition of the child the medication is	3913
intended to treat, the superintendent or the superintendent's	3914
designee, on or before the next business day after the day on	3915
which the request is made, shall provide the parent, guardian, or	3916
custodian with oral or written responses to the questions.	3917

(d) When a major incident occurs with respect to a child who	3918
is committed to the department of youth services, the department,	3919
as soon as reasonably possible after the major incident occurs,	3920
shall notify the parent, guardian, or custodian of the child that	3921
a major incident has occurred with respect to the child and of all	3922
the details of that incident that the department has ascertained.	3923

(2) The failure of the department of youth services to	3924
provide any notification required by or answer any requests made	3925
pursuant to division (E) of this section does not create a cause	3926
of action against the state.	3927

(F) The department of youth services, as a means of	3928
punishment while the child is in its custody, shall not prohibit a	3929
child who is committed to the department from seeing that child's	3930
parent, guardian, or custodian during standard visitation periods	3931
allowed by the department of youth services unless the	3932
superintendent of the institution in which the child is held	3933
determines that permitting that child to visit with the child's	3934
parent, guardian, or custodian would create a safety risk to that	3935
child, that child's parents, guardian, or custodian, the personnel	3936
of the institution, or other children held in that institution.	3937

(G) As used in this section:

3938

(1) "Permanent assignment" means the assignment or transfer	3939
for an extended period of time of a child who is committed to the	3940
department of youth services to a facility in which the child will	3941
receive training or participate in activities that are directed	3942
toward the child's successful rehabilitation. "Permanent	3943
assignment" does not include the transfer of a child to a facility	3944
for judicial release hearings pursuant to section 2152.22 of the	3945
Revised Code or for any other temporary assignment or transfer to	3946
a facility.	3947

(2) "Major incident" means the escape or attempted escape of	3948
a child who has been committed to the department of youth services	3949
from the facility to which the child is assigned; the return to	3950
the custody of the department of a child who has escaped or	3951
otherwise fled the custody and control of the department without	3952
authorization; the allegation of any sexual activity with a child	3953
committed to the department; physical injury to a child committed	3954
to the department as a result of alleged abuse by department	3955
staff; an accident resulting in injury to a child committed to the	3956
department that requires medical care or treatment outside the	3957
institution in which the child is located; the discovery of a	3958
controlled substance upon the person or in the property of a child	3959
committed to the department; a suicide attempt by a child	3960
committed to the department; a suicide attempt by a child	3961
committed to the department that results in injury to the child	3962
requiring emergency medical services outside the institution in	3963
which the child is located; the death of a child committed to the	3964
department; an injury to a visitor at an institution under the	3965
control of the department that is caused by a child committed to	3966
the department; and the commission or suspected commission of an	3967
act by a child committed to the department that would be an	3968
offense if committed by an adult.	3969

(3) "Sexual activity" has the same meaning as in section	3970
2907.01 of the Revised Code.	3971

(4) "Controlled substance" has the same meaning as in section	3972
3719.01 of the Revised Code.	3973

(5) "Residential care facility" and "residential facility"	3974
have the same meanings as in section 2151.011 of the Revised Code.	3975

Section 2. That existing sections 9.314, 109.57, 2151.011,	3976
2151.421, 2151.86, 2152.18, 3301.0711, 3302.01, 3302.03, 3313.53,	3977
3313.533, 3313.61, 3313.611, 3313.612, 3313.662, 3313.672,	3978
3313.85, 3317.03, 3319.29, 3319.291, 3319.303, 3319.31, 3319.51,	3979
3319.55, 3381.04, and 5139.05 of the Revised Code and existing	3980
Section 7 of Sub. H.B. 196 of the 124th General Assembly are	3981
hereby repealed.	3982

Section 3. That Sections 41.37 and 98.01 of Am. Sub. H.B. 95	3983
of the 125th General Assembly be amended to read as follows:	3984

Sec. 41.37. TRANSITIONAL AID

3985

The Department of Education shall distribute earmarked funds	3986
within appropriation item 200-501, Base Cost Funding, for	3987
transitional aid in each fiscal year to each city, local, and	3988
exempted village school district that experiences a decrease in	3989
its SF-3 funding plus charge-off supplement for the current fiscal	3990
year in excess of five per cent of its SF-3 funding plus	3991
charge-off supplement for the previous fiscal year. The Department	3992
shall distribute to each such district an amount to reduce the	3993
decrease to five per cent of the district's SF-3 funding plus	3994
charge-off supplement for the previous fiscal year. For this	3995
purpose, "SF-3 funding plus charge-off supplement" equals the sum	3996
of the following:	3997

(A) Base cost funding under division (A) of section 3317.022	3998
of the Revised Code;	3999

(B) Special education and related services additional	4000
weighted funding under division (C)(1) of section 3317.022 of the	4001
Revised Code;	4002

(C) Speech services funding under division (C)(4) of section	4003
3317.022 of the Revised Code;	4004

(D) Vocational education additional weighted funding under	4005
division (E) of section 3317.022 of the Revised Code;	4006

(E) GRADS funding under division (R) of section 3317.024 of	4007
the Revised Code;	4008

(F) Adjustments for classroom teachers and educational	4009
service personnel under divisions (B), (C), and (D) of section	4010
3317.023 of the Revised Code;	4011

(G) Disadvantaged Pupil Impact Aid under section 3317.029 of	4012
the Revised Code;	4013

(H) Gifted education units under division (F) of section	4014
3317.05 of the Revised Code;	4015

(I) Equity aid under section 3317.0213 of the Revised Code;

4016

(J) Transportation under division (D) of section 3317.022 of	4017
the Revised Code;	4018

(K) The state aid guarantee under section 3317.0212 of the	4019
Revised Code;	4020

(L) The excess cost supplement under division (F) of section	4021
3317.022 of the Revised Code;	4022

(M) Parity aid under section 3317.0217 of the Revised Code;

4023

(N) The reappraisal guarantee under division (C) of section	4024
3317.04 of the Revised Code;	4025

(O) The charge-off supplement under section 3317.0216 of the	4026
Revised Code.	4027

The SF-3 funding plus charge-off supplement for fiscal year	4028
2003 for each district is the sum of those amounts less the	4029
general revenue fund spending reductions ordered by the Governor	4030
under Executive Order 2003-03T, March 5, 2003.	4031

The SF-3 funding plus charge-off supplement for fiscal year	4032
2004 for each district is the sum of the amounts specified in	4033
divisions (A) to (O) of this section plus any transitional aid	4034
payment under this section in fiscal year 2004.	4035

Sec. 98.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	4036
DEVELOPMENT	4037

The foregoing appropriation item 228-406, Technical and	4038
Instructional Professional Development, shall be used by the Ohio	4039
SchoolNet Commission to make grants or provide services to	4040
qualifying schools, including the State School for the Blind and	4041
the Ohio School for the Deaf, and the Ohio Department of Youth	4042
Services for the provision of hardware, software,	4043
telecommunications services, and staff development to support	4044
educational uses of technology in the classroom.	4045

The Ohio SchoolNet Commission shall consider the professional	4046
development needs associated with the OhioReads Program when	4047
making funding allocations and program decisions.	4048

Of the foregoing appropriation item 228-406, Technical and	4049
Instructional Professional Development, $1,260,000 in each fiscal	4050
year shall be allocated equally among the 12 Ohio Educational	4051
Television Stations and, used with the advice of the Ohio	4052
SchoolNet Commission, for the production of interactive	4053
instructional programming series and teleconferences to support	4054
the SchoolNet Commission. The programming shall be targeted to the	4055
needs of the poorest two hundred school districts as determined by	4056
the district's adjusted valuation per pupil as defined in section	4057
3317.0213 of the Revised Code.	4058

Of the foregoing appropriation item 228-406, Technical and	4059
Instructional Professional Development, $818,322 in each fiscal	4060
year shall be used by the INFOhio Network, with the advice of the	4061
Ohio SchoolNet Commission, to support the provision of electronic	4062
resources to all public schools with preference given to	4063
elementary schools. Consideration shall be given by the Commission	4064
to coordinating the allocation of these moneys with the efforts of	4065
OhioLINK and the Ohio Public Information Network.	4066

Of the foregoing appropriation item 228-406, Technical and	4067
Instructional Professional Development, $300,000 in each fiscal	4068
year shall be used by the JASON project, with the advice of the	4069
Ohio SchoolNet Commission, to provide statewide access and a 75	4070
per cent subsidy for statewide licensing of JASON content for	4071
90,000 middle school students statewide, and professional	4072
development for teachers participating in the program.	4073

The remaining appropriation allocated in appropriation item	4074
228-406, Technical and Instructional Professional Development,	4075
shall be used by the Ohio SchoolNet Commission for professional	4076
development for teachers and administrators for the use of	4077
educational technology. The commission may make grants to provide	4078
technical assistance and professional development on the use of	4079
educational technology to school districts.	4080

Eligible recipients of grants include regional training	4081
centers, county offices of education, data collection sites,	4082
instructional technology centers, institutions of higher	4083
education, public television stations, special education resource	4084
centers, area media centers, or other nonprofit educational	4085
organizations. Services provided through these grants may include	4086
use of private entities subcontracting through the grant	4087
recipient.	4088

Grants shall be made to entities on a contractual basis with	4089
the Ohio SchoolNet Commission. Contracts shall include provisions	4090
that demonstrate how services will benefit technology use in the	4091
schools, and in particular will support Ohio SchoolNet efforts to	4092
support technology in the schools. Contracts shall specify the	4093
scope of assistance being offered and the potential number of	4094
professionals who will be served. Contracting entities may be	4095
awarded more than one grant at a time.	4096

Grants shall be awarded in a manner consistent with the goals	4097
of Ohio SchoolNet. Special emphasis in the award of grants shall	4098
be placed on collaborative efforts among service providers.	4099

Application for grants from this appropriation in	4100
appropriation item 228-406, Technical and Instructional	4101
Professional Development, shall be consistent with a school	4102
district's technology plan that shall meet the minimum	4103
specifications for school district technology plans as prescribed	4104
by the Ohio SchoolNet Commission. Funds allocated through these	4105
grants may be combined with funds received through other state or	4106
federal grants for technology so long as the school district's	4107
technology plan specifies the use of these funds.	4108

EDUCATION TECHNOLOGY

4109

The foregoing appropriation item 228-539, Education	4110
Technology, shall be used to provide funding to suppliers of	4111
information services to school districts for the provision of	4112
hardware, software, and staff development in support of	4113
educational uses of technology in the classroom as prescribed by	4114
the State Plan for Technology pursuant to section 3301.07 of the	4115
Revised Code, and to support assistive technology for children and	4116
youth with disabilities.	4117

Of the foregoing appropriation item 228-539, Education	4118
Technology, up to $1,946,000 in each fiscal year shall be used by	4119
the Ohio SchoolNet Commission to link all public K-12 classrooms	4120
to each other and the Internet, and to provide access to voice,	4121
video, and data educational resources for students and teachers	4122
through the OneNet Ohio Program.	4123

Up to $4,403,778 in each fiscal year shall be used by the	4124
Ohio SchoolNet Commission to contract with instructional	4125
television, and $639,537 in each fiscal year shall be used by the	4126
commission to contract with education media centers to provide	4127
Ohio schools with instructional resources and services.	4128

Resources may include, but not be limited to, the following:	4129
pre-recorded video materials (including videotape, laser discs,	4130
and CD-ROM discs); computer software for student use or student	4131
access to electronic communication, databases, spreadsheet, and	4132
word processing capability; live student courses or courses	4133
delivered electronically; automated media systems; and	4134
instructional and professional development materials for teachers.	4135
The commission shall cooperate with education technology agencies	4136
in the acquisition, development, and delivery of such educational	4137
resources to ensure high-quality and educational soundness at the	4138
lowest possible cost. Delivery of such resources may utilize a	4139
variety of technologies, with preference given to a high-speed	4140
integrated information network that can transport video, voice,	4141
data, and graphics simultaneously.	4142

Services shall include presentations and technical assistance	4143
that will help students and teachers integrate educational	4144
materials that support curriculum objectives, match specific	4145
learning styles, and are appropriate for individual interests and	4146
ability levels.	4147

Such instructional resources and services shall be made	4148
available for purchase by chartered nonpublic schools or by public	4149
school districts for the benefit of pupils attending chartered	4150
nonpublic schools.	4151

TELECOMMUNITY

4152

The foregoing appropriation item 228-630, Ohio SchoolNet	4153
Telecommunity Fund, shall be distributed by the Ohio SchoolNet	4154
Commission on a grant basis to eligible school districts to	4155
establish "distance learning" through interactive video	4156
technologies in the school district. Per agreements with eight	4157
Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of	4158
Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone	4159
Company, Orwell Telephone Company, Sprint North Central Telephone,	4160
VERIZON, and Western Reserve Telephone Company, school districts	4161
are eligible for funds if they are within one of the listed	4162
telephone company service areas. Funds to administer the program	4163
shall be expended by the commission up to the amount specified in	4164
agreements with the listed telephone companies.	4165

Within 30 days after the effective date of this sectionJune	4166
26, 2003, the Director of Budget and Management shall transfer to	4167
Fund 4W9 in the State Special Revenue Fund Group any investment	4168
earnings from moneys paid to the Ohio SchoolNet Commission by any	4169
telephone company as part of any settlement agreement between the	4170
listed companies and the Public Utilities Commission in fiscal	4171
years 1996 and beyond.	4172

DISTANCE LEARNING

4173

Appropriation item 228-634, Distance Learning, shall be	4174
distributed by the Ohio SchoolNet Commission on a grant basis to	4175
eligible school districts to establish "distance learning" in the	4176
school district. Per the agreement with Ameritech, school	4177
districts are eligible for funds if they are within an Ameritech	4178
service area. Funds to administer the program shall be expended by	4179
the commission up to the amount specified in the agreement with	4180
Ameritech.	4181

Within thirty days after the effective date of this section	4182
June 26, 2003, the Director of Budget and Management shall	4183
transfer to fund 4X1 in the State Special Revenue Fund Group any	4184
investment earnings from moneys paid to the office or to the	4185
SchoolNet Commission by any telephone company as part of a	4186
settlement agreement between the company and the Public Utilities	4187
Commission in fiscal year 1995.	4188

GATES FOUNDATION GRANTS

4189

The foregoing appropriation item 228-605, Gates Foundation	4190
Grants, shall be used by the Ohio SchoolNet Commission to provide	4191
professional development to school district principals,	4192
superintendents, and other administrative staff for the use of	4193
education technology. The appropriation is made possible through a	4194
grant from the Bill and Melinda Gates foundation.	4195

Section 4. That existing Sections 41.37 and 98.01 of Am. Sub.	4196
H.B. 95 of the 125th General Assembly are hereby repealed.	4197

Section 5. The Department of Education shall use the money	4198
appropriated for a safe school help line in fiscal year 2005 from	4199
appropriation item 200-578, Safe and Supportive Schools, to	4200
contract for this service at a rate of $1.80 per participating	4201
student. In the event that the appropriated funds are not	4202
sufficient to maintain this per student rate for all participating	4203
students, the per student rate shall be reduced accordingly. The	4204
contractor shall accept the resulting rate as payment in full and	4205
shall not bill any participating entity for this service.	4206

Section 6. Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of	4207
the 125th General Assembly, as amended in this act, and Section 5	4208
of this act, and the items of law of which those sections as	4209
amended or enacted in this act are composed, are not subject to	4210
the referendum. Therefore, under Ohio Constitution, Article II,	4211
Section 1d and section 1.471 of the Revised Code, Sections 41.37	4212
and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly, as	4213
amended in this act, and Section 5 of this act, and the items of	4214
law of which those sections as amended or enacted in this act are	4215
composed, go into immediate effect when this act becomes law.	4216

Section 7.  Section 2152.18 of the Revised Code is presented	4217
in this act as a composite of the section as amended by both Sub.	4218
H.B. 247 and Sub. H.B. 393 of the 124th General Assembly. The	4219
General Assembly, applying the principle stated in division (B) of	4220
section 1.52 of the Revised Code that amendments are to be	4221
harmonized if reasonably capable of simultaneous operation, finds	4222
that the composite is the resulting version of the section in	4223
effect prior to the effective date of the section as presented in	4224
this act.	4225