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To amend sections 149.433, 3301.56, 3313.536, | 1 |
3314.03, 3737.73, and 3737.99 of the Revised Code | 2 |
to revise and expand the application of laws | 3 |
governing school safety plans and school safety | 4 |
drills. | 5 |
Section 1. That sections 149.433, 3301.56, 3313.536, 3314.03, | 6 |
3737.73, and 3737.99 of the Revised Code be amended to read as | 7 |
follows: | 8 |
Sec. 149.433. (A) As used in this section: | 9 |
(1) "Act of terrorism" has the same meaning as in section | 10 |
2909.21 of the Revised Code. | 11 |
(2) "Infrastructure record" means any record that discloses | 12 |
the configuration of a public office's or chartered nonpublic | 13 |
school's critical systems including, but not limited to, | 14 |
communication, computer, electrical, mechanical, ventilation, | 15 |
water, and plumbing systems, security codes, or the infrastructure | 16 |
or structural configuration of the building in which a public | 17 |
office or chartered nonpublic school is located. "Infrastructure | 18 |
record" does not mean a simple floor plan that discloses only the | 19 |
spatial relationship of components of a public office or chartered | 20 |
nonpublic school or the building in which a public office or | 21 |
chartered nonpublic school is located. | 22 |
(3) "Security record" means | 23 |
(a) Any record that contains information directly used for | 24 |
protecting or maintaining the security of a public office against | 25 |
attack, interference, or sabotage; | 26 |
(b) Any record assembled, prepared, or maintained by a public | 27 |
office or public body to prevent, mitigate, or respond to acts of | 28 |
terrorism, including any of the following: | 29 |
(i) Those portions of records containing specific and unique | 30 |
vulnerability assessments or specific and unique response plans | 31 |
either of which is intended to prevent or mitigate acts of | 32 |
terrorism, and communication codes or deployment plans of law | 33 |
enforcement or emergency response personnel; | 34 |
(ii) Specific intelligence information and specific | 35 |
investigative records shared by federal and international law | 36 |
enforcement agencies with state and local law enforcement and | 37 |
public safety agencies; | 38 |
(iii) National security records classified under federal | 39 |
executive order and not subject to public disclosure under federal | 40 |
law that are shared by federal agencies, and other records related | 41 |
to national security briefings to assist state and local | 42 |
government with domestic preparedness for acts of terrorism. | 43 |
(c) A school safety plan adopted pursuant to section 3313.536 | 44 |
of the Revised Code. | 45 |
(B) A record kept by a public office that is a security | 46 |
record or an infrastructure record is not a public record under | 47 |
section 149.43 of the Revised Code and is not subject to mandatory | 48 |
release or disclosure under that section. | 49 |
(C) Notwithstanding any other section of the Revised Code, | 50 |
51 | |
office, public employee, chartered nonpublic school, or chartered | 52 |
nonpublic school employee of a security record or infrastructure | 53 |
record that is necessary for construction, renovation, or | 54 |
remodeling work on any public building or project or chartered | 55 |
nonpublic school does not constitute public disclosure for | 56 |
purposes of waiving division (B) of this section and does not | 57 |
result in that record becoming a public record for purposes of | 58 |
section 149.43 of the Revised Code. | 59 |
Sec. 3301.56. (A) The director of each preschool program | 60 |
shall be responsible for the following: | 61 |
(1) Ensuring that the health and safety of the children are | 62 |
safeguarded by an organized program of school health services | 63 |
designed to identify child health problems and to coordinate | 64 |
school and community health resources for children, as evidenced | 65 |
by but not limited to: | 66 |
(a) Requiring immunization and compliance with emergency | 67 |
medical authorization requirements in accordance with rules | 68 |
adopted by the state board of education under section 3301.53 of | 69 |
the Revised Code; | 70 |
(b) Providing procedures for emergency situations, including | 71 |
fire drills, rapid dismissals, | 72 |
safety drills in accordance with section 3737.73 of the Revised | 73 |
Code, and keeping records of such drills or dismissals; | 74 |
(c) Posting emergency procedures in preschool rooms and | 75 |
making them available to school personnel, children, and parents; | 76 |
(d) Posting emergency numbers by each telephone; | 77 |
(e) Supervising grounds, play areas, and other facilities | 78 |
when scheduled for use by children; | 79 |
(f) Providing first-aid facilities and materials. | 80 |
(2) Maintaining cumulative records for each child; | 81 |
(3) Supervising each child's admission, placement, and | 82 |
withdrawal according to established procedures; | 83 |
(4) Preparing at least once annually for each group of | 84 |
children in the program a roster of names and telephone numbers of | 85 |
parents, guardians, and custodians of children in the group and, | 86 |
on request, furnishing the roster for each group to the parents, | 87 |
guardians, and custodians of children in that group. The director | 88 |
may prepare a similar roster of all children in the program and, | 89 |
on request, make it available to the parents, guardians, and | 90 |
custodians, of children in the program. The director shall not | 91 |
include in either roster the name or telephone number of any | 92 |
parent, guardian, or custodian who requests that the parent's, | 93 |
guardian's, or custodian's name or number not be included, and | 94 |
shall not furnish any roster to any person other than a parent, | 95 |
guardian, or custodian of a child in the program. | 96 |
(5) Ensuring that clerical and custodial services are | 97 |
provided for the program; | 98 |
(6) Supervising the instructional program and the daily | 99 |
operation of the program; | 100 |
(7) Supervising and evaluating preschool staff members | 101 |
according to a planned sequence of observations and evaluation | 102 |
conferences, and supervising nonteaching employees. | 103 |
(B)(1) In each program the maximum number of children per | 104 |
preschool staff member and the maximum group size by age category | 105 |
of children shall be as follows: | 106 |
Maximum | 107 | |||||
Group | Staff Member/ | 108 | ||||
Age Group | Size | Child Ratio | 109 | |||
Birth to less than 12 months | 12 | 1:5, or 2:12 if | 110 | |||
two preschool | 111 | |||||
staff members | 112 | |||||
are in the room | 113 | |||||
12 months to less than 18 months | 12 | 1:6 | 114 | |||
18 months to less than 30 months | 14 | 1:7 | 115 | |||
30 months to less than 3 years | 16 | 1:8 | 116 | |||
3-year-olds | 24 | 1:12 | 117 | |||
4- and 5-year-olds not in school | 28 | 1:14 | 118 |
(2) When age groups are combined, the maximum number of | 119 |
children per preschool staff member shall be determined by the age | 120 |
of the youngest child in the group, except that when no more than | 121 |
one child thirty months of age or older receives child care in a | 122 |
group in which all the other children are in the next older age | 123 |
group, the maximum number of children per child-care staff member | 124 |
and maximum group size requirements of the older age group | 125 |
established under division (B)(1) of this section shall apply. | 126 |
(3) In a room where children are napping, if all the children | 127 |
are at least eighteen months of age, the maximum number of | 128 |
children per preschool staff member shall, for a period not to | 129 |
exceed one and one-half hours in any twenty-four hour day, be | 130 |
twice the maximum number of children per preschool staff member | 131 |
established under division (B)(1) of this section if all the | 132 |
following criteria are met: | 133 |
(a) At least one preschool staff member is present in the | 134 |
room; | 135 |
(b) Sufficient preschool staff members are present on the | 136 |
preschool program premises to comply with division (B)(1) of this | 137 |
section; | 138 |
(c) Naptime preparations have been completed and the children | 139 |
are resting or napping. | 140 |
(4) Any accredited program that uses the Montessori method | 141 |
endorsed by the American Montessori society or the association | 142 |
Montessori internationale as its primary method of instruction and | 143 |
is licensed as a preschool program under section 3301.58 of the | 144 |
Revised Code may combine preschool children of ages three to five | 145 |
years old with children enrolled in kindergarten. Notwithstanding | 146 |
anything to the contrary in division (B)(2) of this section, when | 147 |
such age groups are combined, the maximum number of children per | 148 |
preschool staff member shall be twelve and the maximum group size | 149 |
shall be twenty-four children. | 150 |
(C) In each building in which a preschool program is operated | 151 |
there shall be on the premises, and readily available at all | 152 |
times, at least one employee who has completed a course in first | 153 |
aid and in the prevention, recognition, and management of | 154 |
communicable diseases which is approved by the state department of | 155 |
health, and an employee who has completed a course in child abuse | 156 |
recognition and prevention. | 157 |
(D) Any parent, guardian, or custodian of a child enrolled in | 158 |
a preschool program shall be permitted unlimited access to the | 159 |
school during its hours of operation to contact the parent's, | 160 |
guardian's, or custodian's child, evaluate the care provided by | 161 |
the program, or evaluate the premises, or for other purposes | 162 |
approved by the director. Upon entering the premises, the parent, | 163 |
guardian, or custodian shall report to the school office. | 164 |
Sec. 3313.536. (A) The board of education of each city, | 165 |
exempted village, and local school district and the governing | 166 |
authority of each chartered nonpublic school shall adopt a | 167 |
comprehensive school safety plan for each school building under | 168 |
the board's or governing authority's control. The board or | 169 |
governing authority shall examine the environmental conditions and | 170 |
operations of each building to determine potential hazards to | 171 |
student and staff safety and shall propose operating changes to | 172 |
promote the prevention of potentially dangerous problems and | 173 |
circumstances. In developing the plan for each building, the board | 174 |
or governing authority shall involve community law enforcement and | 175 |
safety officials, parents of students who are assigned to the | 176 |
building, and teachers and nonteaching employees who are assigned | 177 |
to the building. The board or governing authority shall consider | 178 |
incorporating remediation strategies into the plan for any | 179 |
building where documented safety
problems have occurred.
| 180 |
181 | |
182 |
The board or governing authority shall incorporate into the | 183 |
plan both of the following: | 184 |
| 185 |
safety of school property, students, employees, or administrators; | 186 |
| 187 |
do occur and that compromise the safety of school property, | 188 |
students, employees, or administrators. | 189 |
Each protocol shall include procedures deemed appropriate by | 190 |
the board or governing authority for responding to threats and | 191 |
emergency events, respectively, including such things as | 192 |
notification of appropriate law enforcement personnel, calling | 193 |
upon specified emergency response personnel for assistance, and | 194 |
informing parents of affected students. | 195 |
(B) The board or governing authority shall update the safety | 196 |
plan at least once every three years and whenever a major | 197 |
modification to the building requires changes in the procedures | 198 |
outlined in the plan. | 199 |
(C) The board or governing authority shall file a copy of the | 200 |
current safety plan and building blueprint with each of the | 201 |
following: | 202 |
(1) Each law enforcement agency that has jurisdiction over | 203 |
the school building; | 204 |
(2) Upon request, the fire department that serves the | 205 |
political subdivision in which the school building is located; | 206 |
(3) The attorney general, who shall post that information on | 207 |
the Ohio law enforcement gateway or its successor. | 208 |
Copies of the safety plan and building blueprint are not a | 209 |
public record pursuant to section 149.433 of the Revised Code. | 210 |
The board or governing authority, each law enforcement agency | 211 |
and fire department to which copies of the safety plan and | 212 |
building blueprint are provided, and the attorney general shall | 213 |
keep the copies in a secure place. | 214 |
(D) The board or governing authority shall grant access to | 215 |
each school building under its control to law enforcement | 216 |
personnel to enable the personnel to hold training sessions for | 217 |
responding to threats and emergency events affecting the building, | 218 |
provided that the access occurs outside of student instructional | 219 |
hours and an employee of the board or governing authority is | 220 |
present in the building during the training sessions. | 221 |
Sec. 3314.03. A copy of every contract entered into under | 222 |
this section shall be filed with the superintendent of public | 223 |
instruction. | 224 |
(A) Each contract entered into between a sponsor and the | 225 |
governing authority of a community school shall specify the | 226 |
following: | 227 |
(1) That the school shall be established as either of the | 228 |
following: | 229 |
(a) A nonprofit corporation established under Chapter 1702. | 230 |
of the Revised Code, if established prior to April 8, 2003; | 231 |
(b) A public benefit corporation established under Chapter | 232 |
1702. of the Revised Code, if established after April 8, 2003; | 233 |
(2) The education program of the school, including the | 234 |
school's mission, the characteristics of the students the school | 235 |
is expected to attract, the ages and grades of students, and the | 236 |
focus of the curriculum; | 237 |
(3) The academic goals to be achieved and the method of | 238 |
measurement that will be used to determine progress toward those | 239 |
goals, which shall include the statewide achievement tests; | 240 |
(4) Performance standards by which the success of the school | 241 |
will be evaluated by the sponsor. If the sponsor will evaluate the | 242 |
school in accordance with division (D) of section 3314.36 of the | 243 |
Revised Code, the contract shall specify the number of school | 244 |
years that the school will be evaluated under that division. | 245 |
(5) The admission standards of section 3314.06 of the Revised | 246 |
Code and, if applicable, section 3314.061 of the Revised Code; | 247 |
(6)(a) Dismissal procedures; | 248 |
(b) A requirement that the governing authority adopt an | 249 |
attendance policy that includes a procedure for automatically | 250 |
withdrawing a student from the school if the student without a | 251 |
legitimate excuse fails to participate in one hundred five | 252 |
consecutive hours of the learning opportunities offered to the | 253 |
student. | 254 |
(7) The ways by which the school will achieve racial and | 255 |
ethnic balance reflective of the community it serves; | 256 |
(8) Requirements for financial audits by the auditor of | 257 |
state. The contract shall require financial records of the school | 258 |
to be maintained in the same manner as are financial records of | 259 |
school districts, pursuant to rules of the auditor of state, and | 260 |
the audits shall be conducted in accordance with section 117.10 of | 261 |
the Revised Code. | 262 |
(9) The facilities to be used and their locations; | 263 |
(10) Qualifications of teachers, including a requirement that | 264 |
the school's classroom teachers be licensed in accordance with | 265 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 266 |
community school may engage noncertificated persons to teach up to | 267 |
twelve hours per week pursuant to section 3319.301 of the Revised | 268 |
Code; | 269 |
(11) That the school will comply with the following | 270 |
requirements: | 271 |
(a) The school will provide learning opportunities to a | 272 |
minimum of twenty-five students for a minimum of nine hundred | 273 |
twenty hours per school year; | 274 |
(b) The governing authority will purchase liability | 275 |
insurance, or otherwise provide for the potential liability of the | 276 |
school; | 277 |
(c) The school will be nonsectarian in its programs, | 278 |
admission policies, employment practices, and all other | 279 |
operations, and will not be operated by a sectarian school or | 280 |
religious institution; | 281 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 282 |
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 283 |
3301.0712, 3301.0715, 3313.50, 3313.536, 3313.608, 3313.6012, | 284 |
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, | 285 |
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, | 286 |
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, | 287 |
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, | 288 |
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 289 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 290 |
district and will comply with section 3301.0714 of the Revised | 291 |
Code in the manner specified in section 3314.17 of the Revised | 292 |
Code; | 293 |
(e) The school shall comply with Chapter 102. and section | 294 |
2921.42 of the Revised Code; | 295 |
(f) The school will comply with sections 3313.61, 3313.611, | 296 |
and 3313.614 of the Revised Code, except that the requirement in | 297 |
sections 3313.61 and 3313.611 of the Revised Code that a person | 298 |
must successfully complete the curriculum in any high school prior | 299 |
to receiving a high school diploma may be met by completing the | 300 |
curriculum adopted by the governing authority of the community | 301 |
school rather than the curriculum specified in Title XXXIII of the | 302 |
Revised Code or any rules of the state board of education; | 303 |
(g) The school governing authority will submit within four | 304 |
months after the end of each school year a report of its | 305 |
activities and progress in meeting the goals and standards of | 306 |
divisions (A)(3) and (4) of this section and its financial status | 307 |
to the sponsor, the parents of all students enrolled in the | 308 |
school, and the legislative office of education oversight. The | 309 |
school will collect and provide any data that the legislative | 310 |
office of education oversight requests in furtherance of any study | 311 |
or research that the general assembly requires the office to | 312 |
conduct, including the studies required under Section 50.39 of Am. | 313 |
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 314 |
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 315 |
(12) Arrangements for providing health and other benefits to | 316 |
employees; | 317 |
(13) The length of the contract, which shall begin at the | 318 |
beginning of an academic year. No contract shall exceed five years | 319 |
unless such contract has been renewed pursuant to division (E) of | 320 |
this section. | 321 |
(14) The governing authority of the school, which shall be | 322 |
responsible for carrying out the provisions of the contract; | 323 |
(15) A financial plan detailing an estimated school budget | 324 |
for each year of the period of the contract and specifying the | 325 |
total estimated per pupil expenditure amount for each such year. | 326 |
The plan shall specify for each year the base formula amount that | 327 |
will be used for purposes of funding calculations under section | 328 |
3314.08 of the Revised Code. This base formula amount for any year | 329 |
shall not exceed the formula amount defined under section 3317.02 | 330 |
of the Revised Code. The plan may also specify for any year a | 331 |
percentage figure to be used for reducing the per pupil amount of | 332 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 333 |
Code the school is to receive that year under section 3314.08 of | 334 |
the Revised Code. | 335 |
(16) Requirements and procedures regarding the disposition of | 336 |
employees of the school in the event the contract is terminated or | 337 |
not renewed pursuant to section 3314.07 of the Revised Code; | 338 |
(17) Whether the school is to be created by converting all or | 339 |
part of an existing public school or is to be a new start-up | 340 |
school, and if it is a converted public school, specification of | 341 |
any duties or responsibilities of an employer that the board of | 342 |
education that operated the school before conversion is delegating | 343 |
to the governing board of the community school with respect to all | 344 |
or any specified group of employees provided the delegation is not | 345 |
prohibited by a collective bargaining agreement applicable to such | 346 |
employees; | 347 |
(18) Provisions establishing procedures for resolving | 348 |
disputes or differences of opinion between the sponsor and the | 349 |
governing authority of the community school; | 350 |
(19) A provision requiring the governing authority to adopt a | 351 |
policy regarding the admission of students who reside outside the | 352 |
district in which the school is located. That policy shall comply | 353 |
with the admissions procedures specified in sections 3314.06 and | 354 |
3314.061 of the Revised Code and, at the sole discretion of the | 355 |
authority, shall do one of the following: | 356 |
(a) Prohibit the enrollment of students who reside outside | 357 |
the district in which the school is located; | 358 |
(b) Permit the enrollment of students who reside in districts | 359 |
adjacent to the district in which the school is located; | 360 |
(c) Permit the enrollment of students who reside in any other | 361 |
district in the state. | 362 |
(20) A provision recognizing the authority of the department | 363 |
of education to take over the sponsorship of the school in | 364 |
accordance with the provisions of division (C) of section 3314.015 | 365 |
of the Revised Code; | 366 |
(21) A provision recognizing the sponsor's authority to | 367 |
assume the operation of a school under the conditions specified in | 368 |
division (B) of section 3314.073 of the Revised Code; | 369 |
(22) A provision recognizing both of the following: | 370 |
(a) The authority of public health and safety officials to | 371 |
inspect the facilities of the school and to order the facilities | 372 |
closed if those officials find that the facilities are not in | 373 |
compliance with health and safety laws and regulations; | 374 |
(b) The authority of the department of education as the | 375 |
community school oversight body to suspend the operation of the | 376 |
school under section 3314.072 of the Revised Code if the | 377 |
department has evidence of conditions or violations of law at the | 378 |
school that pose an imminent danger to the health and safety of | 379 |
the school's students and employees and the sponsor refuses to | 380 |
take such action; | 381 |
(23) A description of the learning opportunities that will be | 382 |
offered to students including both classroom-based and | 383 |
non-classroom-based learning opportunities that is in compliance | 384 |
with criteria for student participation established by the | 385 |
department under division (L)(2) of section 3314.08 of the Revised | 386 |
Code; | 387 |
(24) The school will comply with section 3302.04 of the | 388 |
Revised Code, including division (E) of that section to the extent | 389 |
possible, except that any action required to be taken by a school | 390 |
district pursuant to that section shall be taken by the sponsor of | 391 |
the school. However, the sponsor shall not be required to take any | 392 |
action described in division (F) of that section. | 393 |
(25) Beginning in the 2006-2007 school year, the school will | 394 |
open for operation not later than the thirtieth day of September | 395 |
each school year, unless the mission of the school as specified | 396 |
under division (A)(2) of this section is solely to serve dropouts. | 397 |
In its initial year of operation, if the school fails to open by | 398 |
the thirtieth day of September, or within one year after the | 399 |
adoption of the contract pursuant to division (D) of section | 400 |
3314.02 of the Revised Code if the mission of the school is solely | 401 |
to serve dropouts, the contract shall be void. | 402 |
(B) The community school shall also submit to the sponsor a | 403 |
comprehensive plan for the school. The plan shall specify the | 404 |
following: | 405 |
(1) The process by which the governing authority of the | 406 |
school will be selected in the future; | 407 |
(2) The management and administration of the school; | 408 |
(3) If the community school is a currently existing public | 409 |
school, alternative arrangements for current public school | 410 |
students who choose not to attend the school and teachers who | 411 |
choose not to teach in the school after conversion; | 412 |
(4) The instructional program and educational philosophy of | 413 |
the school; | 414 |
(5) Internal financial controls. | 415 |
(C) A contract entered into under section 3314.02 of the | 416 |
Revised Code between a sponsor and the governing authority of a | 417 |
community school may provide for the community school governing | 418 |
authority to make payments to the sponsor, which is hereby | 419 |
authorized to receive such payments as set forth in the contract | 420 |
between the governing authority and the sponsor. The total amount | 421 |
of such payments for oversight and monitoring of the school shall | 422 |
not exceed three per cent of the total amount of payments for | 423 |
operating expenses that the school receives from the state. | 424 |
(D) The contract shall specify the duties of the sponsor | 425 |
which shall be in accordance with the written agreement entered | 426 |
into with the department of education under division (B) of | 427 |
section 3314.015 of the Revised Code and shall include the | 428 |
following: | 429 |
(1) Monitor the community school's compliance with all laws | 430 |
applicable to the school and with the terms of the contract; | 431 |
(2) Monitor and evaluate the academic and fiscal performance | 432 |
and the organization and operation of the community school on at | 433 |
least an annual basis; | 434 |
(3) Report on an annual basis the results of the evaluation | 435 |
conducted under division (D)(2) of this section to the department | 436 |
of education and to the parents of students enrolled in the | 437 |
community school; | 438 |
(4) Provide technical assistance to the community school in | 439 |
complying with laws applicable to the school and terms of the | 440 |
contract; | 441 |
(5) Take steps to intervene in the school's operation to | 442 |
correct problems in the school's overall performance, declare the | 443 |
school to be on probationary status pursuant to section 3314.073 | 444 |
of the Revised Code, suspend the operation of the school pursuant | 445 |
to section 3314.072 of the Revised Code, or terminate the contract | 446 |
of the school pursuant to section 3314.07 of the Revised Code as | 447 |
determined necessary by the sponsor; | 448 |
(6) Have in place a plan of action to be undertaken in the | 449 |
event the community school experiences financial difficulties or | 450 |
closes prior to the end of a school year. | 451 |
(E) Upon the expiration of a contract entered into under this | 452 |
section, the sponsor of a community school may, with the approval | 453 |
of the governing authority of the school, renew that contract for | 454 |
a period of time determined by the sponsor, but not ending earlier | 455 |
than the end of any school year, if the sponsor finds that the | 456 |
school's compliance with applicable laws and terms of the contract | 457 |
and the school's progress in meeting the academic goals prescribed | 458 |
in the contract have been satisfactory. Any contract that is | 459 |
renewed under this division remains subject to the provisions of | 460 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 461 |
(F) If a community school fails to open for operation within | 462 |
one year after the contract entered into under this section is | 463 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 464 |
Code or permanently closes prior to the expiration of the | 465 |
contract, the contract shall be void and the school shall not | 466 |
enter into a contract with any other sponsor. A school shall not | 467 |
be considered permanently closed because the operations of the | 468 |
school have been suspended pursuant to section 3314.072 of the | 469 |
Revised Code. Any contract that becomes void under this division | 470 |
shall not count toward any statewide limit on the number of such | 471 |
contracts prescribed by section 3314.013 of the Revised Code. | 472 |
Sec. 3737.73. (A) No principal or person in charge of a | 473 |
public or private school or educational institution having an | 474 |
average daily attendance of fifty or more pupils, and no person in | 475 |
charge of any children's home or orphanage housing twenty or more | 476 |
minor persons, shall willfully neglect to instruct and train such | 477 |
children by means of drills or rapid dismissals | 478 |
479 | |
480 | |
the building in the shortest possible time without confusion. The | 481 |
principal or person in charge of a school or educational | 482 |
institution shall conduct drills or rapid dismissals at least nine | 483 |
times during the school year, which shall be at the times and | 484 |
frequency prescribed in rules adopted by the fire marshal. | 485 |
However, no drill or rapid dismissal under this division need be | 486 |
conducted in any month that a school safety drill required under | 487 |
division (D) of this section is conducted as long as a total of | 488 |
nine drills or rapid dismissals under this division are conducted | 489 |
in the school year. The principal or person in charge of a | 490 |
children's home or orphanage shall conduct drills or rapid | 491 |
dismissals at least once each month while the home is in | 492 |
operation. In the case of schools, no | 493 |
person in charge of a school shall willfully neglect to keep the | 494 |
doors and exits of such building unlocked during school hours. The | 495 |
fire marshal may order the immediate installation of necessary | 496 |
fire gongs or signals in such schools, institutions, or children's | 497 |
homes and enforce this division and divisions (B) and (C)(3) of | 498 |
this section. | 499 |
(B) In conjunction with the drills or rapid dismissals | 500 |
required by division (A) of this section, principals or persons in | 501 |
charge of public or private primary and secondary schools, or | 502 |
educational institutions, shall instruct pupils in safety | 503 |
precautions to be taken in case of a tornado alert or warning. | 504 |
Such principals or persons in charge of such schools or | 505 |
institutions shall designate, in accordance with standards | 506 |
prescribed by the fire marshal, appropriate locations to be used | 507 |
to shelter pupils in case of a tornado, tornado alert, or warning. | 508 |
(C)(1) The fire marshal or | 509 |
shall annually inspect each school, institution, home, or | 510 |
orphanage subject to division (A) of this section to determine | 511 |
compliance with that division, and each school or institution | 512 |
subject to division (B) of this section to ascertain whether the | 513 |
locations comply with the
| 514 |
that division. Nothing in this section shall require a school or | 515 |
institution to construct or improve a facility or location for use | 516 |
as a shelter area. | 517 |
| 518 |
shall issue a warning to any person found in violation of division | 519 |
(A) or (B) of this section. The warning shall indicate the | 520 |
specific violation and a date by which such violation shall be | 521 |
corrected. | 522 |
(3) No person shall fail to correct violations by the date | 523 |
indicated on a warning
issued under | 524 |
section. | 525 |
(D)(1) On or before April 1, 2007, and on or before each | 526 |
first day of December thereafter, the principal or person in | 527 |
charge of each public or private school or educational institution | 528 |
shall conduct a school safety drill to provide pupils with | 529 |
instruction in the procedures to follow in situations where pupils | 530 |
must be secured in the school building, such as a threat to the | 531 |
school involving an act of terrorism; a person possessing a deadly | 532 |
weapon or dangerous ordnance, as defined in section 2923.11 of the | 533 |
Revised Code, on school property; or other act of violence. | 534 |
(2) The principal or person in charge of each public or | 535 |
private school or educational institution shall provide to the | 536 |
police chief or other similar chief law enforcement officer of the | 537 |
municipal corporation, township, or township police district in | 538 |
which the school or institution is located, or, in absence of any | 539 |
such person, the county sheriff of the county in which the school | 540 |
or institution is located advance notice of each school safety | 541 |
drill required under division (D)(1) of this section and shall | 542 |
keep a written record of the date and time of each drill | 543 |
conducted. | 544 |
(3) The principal or person in charge of each public or | 545 |
private school or educational institution shall hold annual | 546 |
training sessions for employees of the school or institution | 547 |
regarding the conduct of school safety drills. | 548 |
(4) The police chief or other similar chief law enforcement | 549 |
officer of a municipal corporation, township, or township police | 550 |
district, or, in the absence of any such person, the county | 551 |
sheriff shall issue a warning to any person found in violation of | 552 |
division (D)(1) of this section. Each warning issued for a | 553 |
violation of division (D)(1) of this section shall require the | 554 |
principal or person in charge of the school or institution to | 555 |
correct the violation by conducting the school safety drill not | 556 |
later than the thirtieth day after the date the warning is issued. | 557 |
(5) No person shall fail to correct violations by the date | 558 |
indicated on a warning issued under division (D)(4) of this | 559 |
section. | 560 |
Sec. 3737.99. (A) Whoever violates section 3737.28 of the | 561 |
Revised Code may be summarily punished, by the officer concerned, | 562 |
by a fine of not more than one hundred dollars or commitment to | 563 |
the county jail until that person is willing to comply with the | 564 |
order of such officer. | 565 |
(B) Except as a violation of section 2923.17 of the Revised | 566 |
Code involves subject matter covered by the state fire code and | 567 |
except as such a violation is covered by division (G) of this | 568 |
section, whoever violates division (A) of section 3737.51 of the | 569 |
Revised Code is guilty of a misdemeanor of the first degree. | 570 |
(C) Whoever violates section 3737.61 of the Revised Code is | 571 |
guilty of a minor misdemeanor. | 572 |
(D) Whoever violates section 3737.62 or 3737.64 of the | 573 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 574 |
(E) Whoever violates section 3737.63 or division (A) or (B) | 575 |
of section 3737.65 of the Revised Code is guilty of a misdemeanor | 576 |
of the third degree. | 577 |
(F) Whoever violates division (C)(3) or (D)(5) of section | 578 |
3737.73 of
the Revised Code shall be fined | 579 |
580 |
(G) Whoever violates section 3737.66 of the Revised Code is | 581 |
guilty of a misdemeanor of the first degree. | 582 |
(H) Whoever knowingly violates division (C) of section | 583 |
3737.882 of the Revised Code is guilty of an unclassified felony | 584 |
and shall be fined not more than twenty-five thousand dollars or | 585 |
imprisoned for not more than fourteen months, or both. Whoever | 586 |
recklessly violates division (C) of section 3737.882 of the | 587 |
Revised Code is guilty of a misdemeanor of the first degree. | 588 |
(I) Whoever knowingly violates division (F)(1), (2), or (3) | 589 |
of section 3737.881 or section 3737.93 of the Revised Code is | 590 |
guilty of a misdemeanor of the fourth degree. | 591 |
(J) Whoever knowingly violates division (B) or (C) of section | 592 |
3737.91 of the Revised Code is guilty of a misdemeanor of the | 593 |
second degree. | 594 |
Section 2. That existing sections 149.433, 3301.56, 3313.536, | 595 |
3314.03, 3737.73, and 3737.99 of the Revised Code are hereby | 596 |
repealed. | 597 |
Section 3. It is the intent of the General Assembly to | 598 |
encourage the United States Congress and the United States | 599 |
Department of Homeland Security to broaden the definition of | 600 |
"critical infrastructure" enacted in the "Homeland Security Act of | 601 |
2002," 6 U.S.C. 101 et seq., to include school buildings as they | 602 |
are a potential target of terrorist attacks. Including school | 603 |
buildings as critical infrastructure would enable the Department | 604 |
to prioritize the security of school buildings by integrating them | 605 |
into its risk assessments and plans for protecting the national | 606 |
safety and welfare. | 607 |