H. B. No. 203 As Introduced

Representatives Raga, Kearns, DeWine, Flowers, Wagoner, Calvert, T. Patton, Allen, Strahorn, Gilb, Chandler, Faber, White

A BILL

To amend sections 3707.26 and 4736.01 and to enact 1
sections 117.102, 3313.473, 3314.12, and 3701.93 2
to 3701.98 of the Revised Code with respect to 3
inspections of public and nonpublic school 4
buildings by boards of health, to require the 5
Director of Health to establish the School Health 6
and Safety Network to coordinate and collect data 7
from school inspections, and to include Network 8
inspection rules within the practice of 9
environmental health for registered sanitarians. 10

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

       Section 1. That sections 3707.26 and 4736.01 be amended and 11
sections 117.102, 3313.473, 3314.12, 3701.93, 3701.94, 3701.95, 12
3701.96, 3701.97, and 3701.98 of the Revised Code be enacted to 13
read as follows: 14

       Sec. 117.102. The auditor of state shall review the report of 15
each school health and safety network inspection of a public 16
school building and associated grounds submitted to the auditor of 17
state under section 3701.95 of the Revised Code. The auditor of 18
state may include references to any of the recommendations 19
contained in the inspection report, as determined appropriate by 20
the auditor of state, in any audit report of the school district, 21
educational service center, or community school controlling the 22
inspected building and grounds. 23

        As used in this section, "public school" has the same meaning 24
as in section 3701.93 of the Revised Code. 25

       Sec. 3313.473. (A) The principal or chief administrator of 26
each public and nonpublic school shall cooperate with the 27
appropriate board of health in the conduct of any school health 28
and safety network inspections under section 3701.94 of the 29
Revised Code by providing access to the premises at any time 30
during operation for inspections and by providing any records or 31
other information the board of health considers necessary. 32

       (B) The board of education of each school district, the 33
governing board of each educational service center that controls a 34
public school, and the chief administrator of each nonpublic 35
school for which an inspection report is submitted by the board of 36
health under section 3701.95 of the Revised Code shall develop and 37
submit to the board, in accordance with section 3701.96 of the 38
Revised Code, a plan for abatement of conditions at that school 39
determined to be dangerous to students. 40

       (C) As used in this section, "public school" and "nonpublic 41
school" have the same meanings as in section 3701.93 of the 42
Revised Code. 43

       Sec. 3314.12. (A) The principal or chief administrator of 44
each community school shall cooperate with the appropriate board 45
of health in the conduct of any school health and safety network 46
inspections under section 3701.94 of the Revised Code by providing 47
access to the premises at any time during operation for 48
inspections and by providing any records or other information the 49
board of health considers necessary. 50

       (B) The governing authority of each community school for 51
which an inspection report is submitted by the board of health 52
under section 3701.95 of the Revised Code shall develop and submit 53
to the board, in accordance with section 3701.96 of the Revised 54
Code, a plan for abatement of conditions at the school determined 55
to be dangerous to students. 56

       Sec. 3701.93. As used in sections 3701.93 to 3701.98 of the 57
Revised Code: 58

        (A) "Board of health" has the same meaning as in section 59
3717.01 of the Revised Code. 60

       (B) "Nonpublic school" means a chartered or nonchartered 61
nonpublic school that meets the minimum education standards 62
prescribed by the state board of education under section 3301.07 63
of the Revised Code. 64

       (C) "PDA" means a handheld computer commonly known as a 65
personal data assistant. 66

        (D) "Public school" means either of the following: 67

        (1) A school operated by any school district, educational 68
service center, or county board of mental retardation and 69
developmental disabilities, including facilities used for head 70
start programs, preschool programs, or other programs providing 71
instructional services to children who are least three years of 72
age but not of compulsory school age, as defined in section 73
3321.01 of the Revised Code; 74

        (2) A community school established under Chapter 3314. of the 75
Revised Code, including a facility operated by an internet- or 76
computer-based community school, as defined in section 3314.02 of 77
the Revised Code, that is used as a classroom or laboratory for 78
one or more students. "Public school" does not mean the residence 79
of a student enrolled in an internet- or computer-based community 80
school. 81

       Sec. 3701.94. (A) The director of health shall establish the 82
school health and safety network, under which each board of 83
health, in addition to or in concert with inspections conducted 84
under section 3707.03 or 3707.26 of the Revised Code, shall 85
inspect each public and nonpublic school building and associated 86
grounds within its jurisdiction at least once each year to 87
identify predictable dangers to students present in or on the 88
building or grounds. Each inspector shall conduct inspections 89
using a PDA and electronic forms, templates, and checklists 90
developed and supplied by the director or other forms approved by 91
the director. Data from each inspection shall be submitted to a 92
central database established and maintained by the director. 93

       The director shall coordinate inspections, in a manner 94
determined appropriate by the director, to avoid duplication of 95
authority over a school by multiple boards of health and to ensure 96
that each school is inspected in accordance with sections 3701.93 97
to 3701.98 of the Revised Code. 98

       (B) If the director determines that no board of health has 99
the capacity to conduct the inspections of a particular school 100
required under sections 3701.93 to 3701.98 of the Revised Code, or 101
if for some other reason the director determines that it is 102
preferable for the director to conduct the inspections, the 103
director may conduct the inspections and issue the reports 104
prescribed under section 3701.95 of the Revised Code. 105

       Sec. 3701.95. (A) Each board of health, or the director of 106
health, if the director is exercising the authority prescribed in 107
division (B) of section 3701.94 of the Revised Code, shall report 108
the findings from the inspection of each public and nonpublic 109
school building and associated grounds conducted under section 110
3701.94 of the Revised Code to all of the following: 111

        (1) The director of health for inclusion in the database 112
established under section 3701.94 of the Revised Code, unless the 113
director conducted the inspection; 114

       (2) The principal or chief administrator of the building; 115

        (3) The administrator responsible for facility operations and 116
maintenance of the school district, educational service center, or 117
community school controlling the inspected building and grounds; 118

       (4) In the case of a school operated by a school district or 119
educational service center, the superintendent of that district or 120
service center; 121

       (5) The auditor of state. 122

        (B) Each report shall include recommendations for changes 123
that the board of health or the director of health determines may 124
be needed to abate conditions that are dangerous to students. The 125
report may include recommendations made pursuant to an inspection 126
conducted under section 3707.26 of the Revised Code. 127

        (C) The report is a public record under section 149.43 of the 128
Revised Code. 129

       Sec. 3701.96. The board of education of each school 130
district, the governing board of each educational service center, 131
the governing authority of each community school, and the chief 132
administrator of each nonpublic school shall submit to the board 133
of health, by a deadline and in a manner established by the 134
director of health, a written plan for abatement of the conditions 135
determined to be dangerous to students, as described in the report 136
submitted under section 3701.95 of the Revised Code. The plan 137
shall include a schedule for completion of the abatement. 138

       The plan shall be submitted to the director of health if the 139
director has exercised the authority prescribed under division (B) 140
of section 3701.94 of the Revised Code. 141

       The plan submitted under this section is a public record 142
under section 149.43 of the Revised Code. 143

       Sec. 3701.97. For purposes of the school health and safety 144
network under sections 3701.93 to 3701.98 of the Revised Code, the 145
director of health shall establish guidelines for inspection 146
procedures, adopted by rule in accordance with Chapter 119. of the 147
Revised Code. 148

       The director also shall develop information specifying 149
dangerous conditions and dangerous products, including products 150
recalled by the manufacturer, that may be present in school 151
buildings and associated grounds. In developing that information, 152
the director may use information developed by other sources, 153
including other state and federal agencies. The director shall 154
distribute the information developed under this section to boards 155
of health, public and nonpublic school authorities, and the 156
general public in a manner so that the information is as widely 157
circulated and readily accessible as the director determines is 158
practical. 159

       Sec. 3701.98. Nothing in sections 3701.93 to 3701.97 of the 160
Revised Code shall be construed to diminish the authority of a 161
board of health to issue orders or take other actions under 162
section 3707.03 or 3707.26 of the Revised Code. 163

       Sec. 3707.26. ~~Semiannually, and oftener~~Annually, and more 164
often, if in its judgment necessary, the board of health of a city 165
or general health district shall inspect the sanitary condition of 166
all schools and school buildings within its jurisdiction, and may 167
disinfect any school building. During an epidemic or threatened 168
epidemic, or when a dangerous communicable disease is unusually 169
prevalent, the board may close any school and prohibit public 170
gatherings for such time as is necessary. 171

       Sec. 4736.01. As used in this chapter: 172

       (A) "Environmental health science" means the aspect of public 173
health science that includes, but is not limited to, the following 174
bodies of knowledge: air quality, food quality and protection, 175
hazardous and toxic substances, consumer product safety, housing, 176
institutional health and safety, community noise control, 177
radiation protection, recreational facilities, solid and liquid 178
waste management, vector control, drinking water quality, milk 179
sanitation, and rabies control. 180

       (B) "Sanitarian" means a person who performs for compensation 181
educational, investigational, technical, or administrative duties 182
requiring specialized knowledge and skills in the field of 183
environmental health science. 184

       (C) "Registered sanitarian" means a person who is registered 185
as a sanitarian in accordance with this chapter. 186

       (D) "Sanitarian-in-training" means a person who is registered 187
as a sanitarian-in-training in accordance with this chapter. 188

       (E) "Practice of environmental health" means consultation, 189
instruction, investigation, inspection, or evaluation by an 190
employee of a city health district, a general health district, the 191
environmental protection agency, the department of health, or the 192
department of agriculture requiring specialized knowledge, 193
training, and experience in the field of environmental health 194
science, with the primary purpose of improving or conducting 195
administration or enforcement under any of the following: 196

       (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or 197
3733. of the Revised Code; 198

       (2) Chapter 3734. of the Revised Code as it pertains to solid 199
waste; 200

       (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections 201
3707.38 to 3707.99, or section 3715.21 of the Revised Code; 202

       (4) Rules adopted under section 3701.34 of the Revised Code 203
pertaining to rabies control or swimming pools; 204

       (5) Rules for school health and safety network inspections 205
adopted under section 3701.97 of the Revised Code. 206

       "Practice of environmental health" does not include sampling, 207
testing, controlling of vectors, reporting of observations, or 208
other duties that do not require application of specialized 209
knowledge and skills in environmental health science performed 210
under the supervision of a registered sanitarian. 211

       The state board of sanitarian registration may further define 212
environmental health science in relation to specific functions in 213
the practice of environmental health through rules adopted by the 214
board under Chapter 119. of the Revised Code. 215

       Section 2. That existing sections 3707.26 and 4736.01 of the 216
Revised Code are hereby repealed. 217

       Section 3. In establishing and operating the School Health 218
and Safety Network under sections 3701.93 to 3701.98 of the 219
Revised Code, the Director of Health and each board of health, as 220
defined in section 3701.93 of the Revised Code, to the greatest 221
extent possible shall use staff positions already within their 222
respective organizations on the effective date of this section. 223

Section 1. That sections 3707.26 and 4736.01 be amended and	11
sections 117.102, 3313.473, 3314.12, 3701.93, 3701.94, 3701.95,	12
3701.96, 3701.97, and 3701.98 of the Revised Code be enacted to	13
read as follows:	14

Sec. 117.102. The auditor of state shall review the report of	15
each school health and safety network inspection of a public	16
school building and associated grounds submitted to the auditor of	17
state under section 3701.95 of the Revised Code. The auditor of	18
state may include references to any of the recommendations	19
contained in the inspection report, as determined appropriate by	20
the auditor of state, in any audit report of the school district,	21
educational service center, or community school controlling the	22
inspected building and grounds.	23

As used in this section, "public school" has the same meaning	24
as in section 3701.93 of the Revised Code.	25

Sec. 3313.473. (A) The principal or chief administrator of	26
each public and nonpublic school shall cooperate with the	27
appropriate board of health in the conduct of any school health	28
and safety network inspections under section 3701.94 of the	29
Revised Code by providing access to the premises at any time	30
during operation for inspections and by providing any records or	31
other information the board of health considers necessary.	32

(B) The board of education of each school district, the	33
governing board of each educational service center that controls a	34
public school, and the chief administrator of each nonpublic	35
school for which an inspection report is submitted by the board of	36
health under section 3701.95 of the Revised Code shall develop and	37
submit to the board, in accordance with section 3701.96 of the	38
Revised Code, a plan for abatement of conditions at that school	39
determined to be dangerous to students.	40

(C) As used in this section, "public school" and "nonpublic	41
school" have the same meanings as in section 3701.93 of the	42
Revised Code.	43

Sec. 3314.12. (A) The principal or chief administrator of	44
each community school shall cooperate with the appropriate board	45
of health in the conduct of any school health and safety network	46
inspections under section 3701.94 of the Revised Code by providing	47
access to the premises at any time during operation for	48
inspections and by providing any records or other information the	49
board of health considers necessary.	50

(B) The governing authority of each community school for	51
which an inspection report is submitted by the board of health	52
under section 3701.95 of the Revised Code shall develop and submit	53
to the board, in accordance with section 3701.96 of the Revised	54
Code, a plan for abatement of conditions at the school determined	55
to be dangerous to students.	56

Sec. 3701.93. As used in sections 3701.93 to 3701.98 of the	57
Revised Code:	58

(A) "Board of health" has the same meaning as in section	59
3717.01 of the Revised Code.	60

(B) "Nonpublic school" means a chartered or nonchartered	61
nonpublic school that meets the minimum education standards	62
prescribed by the state board of education under section 3301.07	63
of the Revised Code.	64

(C) "PDA" means a handheld computer commonly known as a	65
personal data assistant.	66

(1) A school operated by any school district, educational	68
service center, or county board of mental retardation and	69
developmental disabilities, including facilities used for head	70
start programs, preschool programs, or other programs providing	71
instructional services to children who are least three years of	72
age but not of compulsory school age, as defined in section	73
3321.01 of the Revised Code;	74

(2) A community school established under Chapter 3314. of the	75
Revised Code, including a facility operated by an internet- or	76
computer-based community school, as defined in section 3314.02 of	77
the Revised Code, that is used as a classroom or laboratory for	78
one or more students. "Public school" does not mean the residence	79
of a student enrolled in an internet- or computer-based community	80
school.	81

Sec. 3701.94. (A) The director of health shall establish the	82
school health and safety network, under which each board of	83
health, in addition to or in concert with inspections conducted	84
under section 3707.03 or 3707.26 of the Revised Code, shall	85
inspect each public and nonpublic school building and associated	86
grounds within its jurisdiction at least once each year to	87
identify predictable dangers to students present in or on the	88
building or grounds. Each inspector shall conduct inspections	89
using a PDA and electronic forms, templates, and checklists	90
developed and supplied by the director or other forms approved by	91
the director. Data from each inspection shall be submitted to a	92
central database established and maintained by the director.	93

The director shall coordinate inspections, in a manner	94
determined appropriate by the director, to avoid duplication of	95
authority over a school by multiple boards of health and to ensure	96
that each school is inspected in accordance with sections 3701.93	97
to 3701.98 of the Revised Code.	98

(B) If the director determines that no board of health has	99
the capacity to conduct the inspections of a particular school	100
required under sections 3701.93 to 3701.98 of the Revised Code, or	101
if for some other reason the director determines that it is	102
preferable for the director to conduct the inspections, the	103
director may conduct the inspections and issue the reports	104
prescribed under section 3701.95 of the Revised Code.	105

Sec. 3701.95. (A) Each board of health, or the director of	106
health, if the director is exercising the authority prescribed in	107
division (B) of section 3701.94 of the Revised Code, shall report	108
the findings from the inspection of each public and nonpublic	109
school building and associated grounds conducted under section	110
3701.94 of the Revised Code to all of the following:	111

(1) The director of health for inclusion in the database	112
established under section 3701.94 of the Revised Code, unless the	113
director conducted the inspection;	114

(3) The administrator responsible for facility operations and	116
maintenance of the school district, educational service center, or	117
community school controlling the inspected building and grounds;	118

(4) In the case of a school operated by a school district or	119
educational service center, the superintendent of that district or	120
service center;	121

(B) Each report shall include recommendations for changes	123
that the board of health or the director of health determines may	124
be needed to abate conditions that are dangerous to students. The	125
report may include recommendations made pursuant to an inspection	126
conducted under section 3707.26 of the Revised Code.	127

(C) The report is a public record under section 149.43 of the	128
Revised Code.	129

Sec. 3701.96. The board of education of each school	130
district, the governing board of each educational service center,	131
the governing authority of each community school, and the chief	132
administrator of each nonpublic school shall submit to the board	133
of health, by a deadline and in a manner established by the	134
director of health, a written plan for abatement of the conditions	135
determined to be dangerous to students, as described in the report	136
submitted under section 3701.95 of the Revised Code. The plan	137
shall include a schedule for completion of the abatement.	138

The plan shall be submitted to the director of health if the	139
director has exercised the authority prescribed under division (B)	140
of section 3701.94 of the Revised Code.	141

The plan submitted under this section is a public record	142
under section 149.43 of the Revised Code.	143

Sec. 3701.97. For purposes of the school health and safety	144
network under sections 3701.93 to 3701.98 of the Revised Code, the	145
director of health shall establish guidelines for inspection	146
procedures, adopted by rule in accordance with Chapter 119. of the	147
Revised Code.	148

The director also shall develop information specifying	149
dangerous conditions and dangerous products, including products	150
recalled by the manufacturer, that may be present in school	151
buildings and associated grounds. In developing that information,	152
the director may use information developed by other sources,	153
including other state and federal agencies. The director shall	154
distribute the information developed under this section to boards	155
of health, public and nonpublic school authorities, and the	156
general public in a manner so that the information is as widely	157
circulated and readily accessible as the director determines is	158
practical.	159

Sec. 3701.98. Nothing in sections 3701.93 to 3701.97 of the	160
Revised Code shall be construed to diminish the authority of a	161
board of health to issue orders or take other actions under	162
section 3707.03 or 3707.26 of the Revised Code.	163

Sec. 3707.26. ~~Semiannually, and oftener~~Annually, and more	164
often, if in its judgment necessary, the board of health of a city	165
or general health district shall inspect the sanitary condition of	166
all schools and school buildings within its jurisdiction, and may	167
disinfect any school building. During an epidemic or threatened	168
epidemic, or when a dangerous communicable disease is unusually	169
prevalent, the board may close any school and prohibit public	170
gatherings for such time as is necessary.	171