As Reported by the House Education Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 422


Representatives Hughes, Flowers, Reidelbach, Latta, Evans, D., Boccieri, Yuko, Chandler, Wolpert, Setzer, Barrett, Williams 

A BILL
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


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

       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 section10
2909.21 of the Revised Code.11

       (2) "Infrastructure record" means any record that discloses12
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. "Infrastructure18
record" does not mean a simple floor plan that discloses only the19
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 eitherany of the following:23

       (a) Any record that contains information directly used for24
protecting or maintaining the security of a public office against25
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 unique30
vulnerability assessments or specific and unique response plans31
either of which is intended to prevent or mitigate acts of32
terrorism, and communication codes or deployment plans of law33
enforcement or emergency response personnel;34

       (ii) Specific intelligence information and specific35
investigative records shared by federal and international law36
enforcement agencies with state and local law enforcement and37
public safety agencies;38

       (iii) National security records classified under federal39
executive order and not subject to public disclosure under federal40
law that are shared by federal agencies, and other records related41
to national security briefings to assist state and local42
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 security46
record or an infrastructure record is not a public record under47
section 149.43 of the Revised Code and is not subject to mandatory48
release or disclosure under that section.49

       (C) Notwithstanding any other section of the Revised Code, a50
public office's or a public employee's disclosure by a public 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 for56
purposes of waiving division (B) of this section and does not57
result in that record becoming a public record for purposes of58
section 149.43 of the Revised Code.59

       Sec. 3301.56.  (A) The director of each preschool program60
shall be responsible for the following:61

       (1) Ensuring that the health and safety of the children are62
safeguarded by an organized program of school health services63
designed to identify child health problems and to coordinate64
school and community health resources for children, as evidenced65
by but not limited to:66

       (a) Requiring immunization and compliance with emergency67
medical authorization requirements in accordance with rules68
adopted by the state board of education under section 3301.53 of69
the Revised Code;70

       (b) Providing procedures for emergency situations, including71
fire drills, rapid dismissals, and tornado drills, and school 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 and75
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 facilities78
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, and82
withdrawal according to established procedures;83

       (4) Preparing at least once annually for each group of84
children in the program a roster of names and telephone numbers of85
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 director88
may prepare a similar roster of all children in the program and,89
on request, make it available to the parents, guardians, and90
custodians, of children in the program. The director shall not91
include in either roster the name or telephone number of any92
parent, guardian, or custodian who requests that the parent's,93
guardian's, or custodian's name or number not be included, and94
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 are97
provided for the program;98

       (6) Supervising the instructional program and the daily99
operation of the program;100

       (7) Supervising and evaluating preschool staff members101
according to a planned sequence of observations and evaluation102
conferences, and supervising nonteaching employees.103

       (B)(1) In each program the maximum number of children per104
preschool staff member and the maximum group size by age category105
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 of119
children per preschool staff member shall be determined by the age120
of the youngest child in the group, except that when no more than121
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 age123
group, the maximum number of children per child-care staff member124
and maximum group size requirements of the older age group125
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 to129
exceed one and one-half hours in any twenty-four hour day, be130
twice the maximum number of children per preschool staff member131
established under division (B)(1) of this section if all the132
following criteria are met:133

       (a) At least one preschool staff member is present in the134
room;135

       (b) Sufficient preschool staff members are present on the136
preschool program premises to comply with division (B)(1) of this137
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 of154
communicable diseases which is approved by the state department of155
health, and an employee who has completed a course in child abuse156
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 the159
school during its hours of operation to contact the parent's,160
guardian's, or custodian's child, evaluate the care provided by161
the program, or evaluate the premises, or for other purposes162
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 a167
comprehensive school safety plan for each school building under168
the board's or governing authority's control. The board or 169
governing authority shall examine the environmental conditions and170
operations of each building to determine potential hazards to171
student and staff safety and shall propose operating changes to172
promote the prevention of potentially dangerous problems and173
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 consider178
incorporating remediation strategies into the plan for any179
building where documented safety problems have occurred. The board 180
shall file a copy of the safety plan with each law enforcement 181
agency that has jurisdiction over the school building.182

       The board or governing authority shall incorporate into the 183
plan both of the following:184

       (A)(1) A protocol for addressing serious threats to the 185
safety of school property, students, employees, or administrators;186

       (B)(2) A protocol for responding to any emergency events that187
do occur and that compromise the safety of school property,188
students, employees, or administrators.189

       Each protocol shall include procedures deemed appropriate by190
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 the228
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 Chapter232
1702. of the Revised Code, if established after April 8, 2003;233

       (2) The education program of the school, including the234
school's mission, the characteristics of the students the school235
is expected to attract, the ages and grades of students, and the236
focus of the curriculum;237

       (3) The academic goals to be achieved and the method of238
measurement that will be used to determine progress toward those239
goals, which shall include the statewide achievement tests;240

       (4) Performance standards by which the success of the school241
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 an249
attendance policy that includes a procedure for automatically250
withdrawing a student from the school if the student without a251
legitimate excuse fails to participate in one hundred five252
consecutive hours of the learning opportunities offered to the253
student.254

       (7) The ways by which the school will achieve racial and255
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 following270
requirements:271

       (a) The school will provide learning opportunities to a272
minimum of twenty-five students for a minimum of nine hundred273
twenty hours per school year;274

       (b) The governing authority will purchase liability275
insurance, or otherwise provide for the potential liability of the276
school;277

       (c) The school will be nonsectarian in its programs,278
admission policies, employment practices, and all other279
operations, and will not be operated by a sectarian school or280
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 school290
district and will comply with section 3301.0714 of the Revised291
Code in the manner specified in section 3314.17 of the Revised292
Code;293

       (e) The school shall comply with Chapter 102. of the Revised294
Code except that nothing in that chapter shall prohibit a member295
of the school's governing board from also being an employee of the296
school and nothing in that chapter or section 2921.42 of the297
Revised Code shall prohibit a member of the school's governing298
board from having an interest in a contract into which the299
governing board enters that is not a contract with a for-profit300
firm for the operation or management of a school under the301
auspices of the governing authority;302

       (f) The school will comply with sections 3313.61, 3313.611,303
and 3313.614 of the Revised Code, except that the requirement in 304
sections 3313.61 and 3313.611 of the Revised Code that a person305
must successfully complete the curriculum in any high school prior306
to receiving a high school diploma may be met by completing the307
curriculum adopted by the governing authority of the community308
school rather than the curriculum specified in Title XXXIII of the309
Revised Code or any rules of the state board of education;310

       (g) The school governing authority will submit within four 311
months after the end of each school year a report of its 312
activities and progress in meeting the goals and standards of313
divisions (A)(3) and (4) of this section and its financial status314
to the sponsor, the parents of all students enrolled in the315
school, and the legislative office of education oversight. The316
school will collect and provide any data that the legislative317
office of education oversight requests in furtherance of any study318
or research that the general assembly requires the office to319
conduct, including the studies required under Section 50.39 of Am.320
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of321
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.322

       (12) Arrangements for providing health and other benefits to323
employees;324

       (13) The length of the contract, which shall begin at the325
beginning of an academic year. No contract shall exceed five years326
unless such contract has been renewed pursuant to division (E) of 327
this section.328

       (14) The governing authority of the school, which shall be329
responsible for carrying out the provisions of the contract;330

       (15) A financial plan detailing an estimated school budget331
for each year of the period of the contract and specifying the332
total estimated per pupil expenditure amount for each such year.333
The plan shall specify for each year the base formula amount that334
will be used for purposes of funding calculations under section335
3314.08 of the Revised Code. This base formula amount for any year 336
shall not exceed the formula amount defined under section 3317.02337
of the Revised Code. The plan may also specify for any year a 338
percentage figure to be used for reducing the per pupil amount of 339
the subsidy calculated pursuant to section 3317.029 of the Revised 340
Code the school is to receive that year under section 3314.08 of 341
the Revised Code.342

       (16) Requirements and procedures regarding the disposition of343
employees of the school in the event the contract is terminated or 344
not renewed pursuant to section 3314.07 of the Revised Code;345

       (17) Whether the school is to be created by converting all or 346
part of an existing public school or is to be a new start-up347
school, and if it is a converted public school, specification of348
any duties or responsibilities of an employer that the board of349
education that operated the school before conversion is delegating350
to the governing board of the community school with respect to all351
or any specified group of employees provided the delegation is not352
prohibited by a collective bargaining agreement applicable to such353
employees;354

       (18) Provisions establishing procedures for resolving355
disputes or differences of opinion between the sponsor and the356
governing authority of the community school;357

       (19) A provision requiring the governing authority to adopt a 358
policy regarding the admission of students who reside outside the 359
district in which the school is located. That policy shall comply 360
with the admissions procedures specified in sections 3314.06 and 361
3314.061 of the Revised Code and, at the sole discretion of the 362
authority, shall do one of the following:363

       (a) Prohibit the enrollment of students who reside outside364
the district in which the school is located;365

       (b) Permit the enrollment of students who reside in districts366
adjacent to the district in which the school is located;367

       (c) Permit the enrollment of students who reside in any other368
district in the state.369

       (20) A provision recognizing the authority of the department370
of education to take over the sponsorship of the school in371
accordance with the provisions of division (C) of section 3314.015372
of the Revised Code;373

       (21) A provision recognizing the sponsor's authority to374
assume the operation of a school under the conditions specified in375
division (B) of section 3314.073 of the Revised Code;376

        (22) A provision recognizing both of the following:377

       (a) The authority of public health and safety officials to378
inspect the facilities of the school and to order the facilities379
closed if those officials find that the facilities are not in380
compliance with health and safety laws and regulations;381

       (b) The authority of the department of education as the382
community school oversight body to suspend the operation of the383
school under section 3314.072 of the Revised Code if the384
department has evidence of conditions or violations of law at the385
school that pose an imminent danger to the health and safety of386
the school's students and employees and the sponsor refuses to387
take such action;388

        (23) A description of the learning opportunities that will be 389
offered to students including both classroom-based and390
non-classroom-based learning opportunities that is in compliance391
with criteria for student participation established by the392
department under division (L)(2) of section 3314.08 of the Revised393
Code;394

       (24) The school will comply with section 3302.04 of the 395
Revised Code, including division (E) of that section to the extent 396
possible, except that any action required to be taken by a school 397
district pursuant to that section shall be taken by the sponsor of 398
the school. However, the sponsor shall not be required to take any 399
action described in division (F) of that section.400

       (25) Beginning in the 2006-2007 school year, the school will 401
open for operation not later than the thirtieth day of September 402
each school year, unless the mission of the school as specified 403
under division (A)(2) of this section is solely to serve dropouts. 404
In its initial year of operation, if the school fails to open by 405
the thirtieth day of September, or within one year after the 406
adoption of the contract pursuant to division (D) of section 407
3314.02 of the Revised Code if the mission of the school is solely 408
to serve dropouts, the contract shall be void.409

       (B) The community school shall also submit to the sponsor a410
comprehensive plan for the school. The plan shall specify the411
following:412

       (1) The process by which the governing authority of the413
school will be selected in the future;414

       (2) The management and administration of the school;415

       (3) If the community school is a currently existing public416
school, alternative arrangements for current public school417
students who choose not to attend the school and teachers who418
choose not to teach in the school after conversion;419

       (4) The instructional program and educational philosophy of420
the school;421

       (5) Internal financial controls.422

       (C) A contract entered into under section 3314.02 of the423
Revised Code between a sponsor and the governing authority of a424
community school may provide for the community school governing425
authority to make payments to the sponsor, which is hereby426
authorized to receive such payments as set forth in the contract427
between the governing authority and the sponsor. The total amount428
of such payments for oversight and monitoring of the school shall429
not exceed three per cent of the total amount of payments for430
operating expenses that the school receives from the state.431

       (D) The contract shall specify the duties of the sponsor432
which shall be in accordance with the written agreement entered433
into with the department of education under division (B) of434
section 3314.015 of the Revised Code and shall include the435
following:436

        (1) Monitor the community school's compliance with all laws437
applicable to the school and with the terms of the contract;438

        (2) Monitor and evaluate the academic and fiscal performance 439
and the organization and operation of the community school on at 440
least an annual basis;441

        (3) Report on an annual basis the results of the evaluation442
conducted under division (D)(2) of this section to the department443
of education and to the parents of students enrolled in the444
community school;445

        (4) Provide technical assistance to the community school in 446
complying with laws applicable to the school and terms of the447
contract;448

        (5) Take steps to intervene in the school's operation to449
correct problems in the school's overall performance, declare the450
school to be on probationary status pursuant to section 3314.073451
of the Revised Code, suspend the operation of the school pursuant452
to section 3314.072 of the Revised Code, or terminate the contract453
of the school pursuant to section 3314.07 of the Revised Code as454
determined necessary by the sponsor;455

        (6) Have in place a plan of action to be undertaken in the456
event the community school experiences financial difficulties or457
closes prior to the end of a school year.458

        (E) Upon the expiration of a contract entered into under this 459
section, the sponsor of a community school may, with the approval 460
of the governing authority of the school, renew that contract for461
a period of time determined by the sponsor, but not ending earlier462
than the end of any school year, if the sponsor finds that the463
school's compliance with applicable laws and terms of the contract464
and the school's progress in meeting the academic goals prescribed465
in the contract have been satisfactory. Any contract that is 466
renewed under this division remains subject to the provisions of 467
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.468

       (F) If a community school fails to open for operation within 469
one year after the contract entered into under this section is 470
adopted pursuant to division (D) of section 3314.02 of the Revised 471
Code or permanently closes prior to the expiration of the 472
contract, the contract shall be void and the school shall not 473
enter into a contract with any other sponsor. A school shall not 474
be considered permanently closed because the operations of the 475
school have been suspended pursuant to section 3314.072 of the 476
Revised Code. Any contract that becomes void under this division 477
shall not count toward any statewide limit on the number of such 478
contracts prescribed by section 3314.013 of the Revised Code.479

       Sec. 3737.73.  (A) No principal or person in charge of a480
public or private school or educational institution having an481
average daily attendance of fifty or more pupils, and no person in 482
charge of any children's home or orphanage housing twenty or more 483
minor persons, shall willfully neglect to instruct and train such 484
children by means of drills or rapid dismissals at least once a 485
month while such school, institution, or children's home is in 486
operation, so that such children in a sudden emergency may leave 487
the building in the shortest possible time without confusion. The 488
principal or person in charge of a school or educational 489
institution shall conduct drills or rapid dismissals at least nine 490
times during the school year, which shall be at the times and 491
frequency prescribed in rules adopted by the fire marshal. 492
However, no drill or rapid dismissal under this division need be 493
conducted in any month that a school safety drill required under 494
division (D) of this section is conducted as long as a total of 495
nine drills or rapid dismissals under this division are conducted 496
in the school year. The principal or person in charge of a 497
children's home or orphanage shall conduct drills or rapid 498
dismissals at least once each month while the home is in 499
operation. In the case of schools, no such personprincipal or 500
person in charge of a school shall willfully neglect to keep the 501
doors and exits of such building unlocked during school hours. The 502
fire marshal may order the immediate installation of necessary 503
fire gongs or signals in such schools, institutions, or children's 504
homes and enforce this division and divisions (B) and (C)(3) of505
this section.506

       (B) In conjunction with the drills or rapid dismissals507
required by division (A) of this section, principals or persons in 508
charge of public or private primary and secondary schools, or509
educational institutions, shall instruct pupils in safety510
precautions to be taken in case of a tornado alert or warning.511
Such principals or persons in charge of such schools or512
institutions shall designate, in accordance with standards513
prescribed by the fire marshal, appropriate locations to be used514
to shelter pupils in case of a tornado, tornado alert, or warning.515

       (C)(1) The fire marshal or histhe fire marshal's designee 516
shall annually inspect each school, institution, home, or 517
orphanage subject to division (A) of this section to determine 518
compliance with that division, and each school or institution 519
subject to division (B) of this section to ascertain whether the 520
locations comply with the prescribed standards prescribed under 521
that division. Nothing in this section shall require a school or 522
institution to construct or improve a facility or location for use 523
as a shelter area.524

       (D)(2) The fire marshal or histhe fire marshal's designee 525
shall issue a warning to any person found in violation of division 526
(A) or (B) of this section. The warning shall indicate the 527
specific violation and a date by which such violation shall be 528
corrected. No529

       (3) No person shall fail to correct violations by the date 530
indicated on a warning issued under this division (C)(2) of this 531
section.532

       (D)(1) On or before April 1, 2007, and on or before each 533
first day of December thereafter, the principal or person in 534
charge of each public or private school or educational institution 535
shall conduct a school safety drill to provide pupils with 536
instruction in the procedures to follow in situations where pupils 537
must be secured in the school building, such as a threat to the 538
school involving an act of terrorism; a person possessing a deadly 539
weapon or dangerous ordnance, as defined in section 2923.11 of the 540
Revised Code, on school property; or other act of violence.541

       (2) The principal or person in charge of each public or 542
private school or educational institution shall provide to the 543
police chief or other similar chief law enforcement officer of the 544
municipal corporation, township, or township police district in 545
which the school or institution is located, or, in absence of any 546
such person, the county sheriff of the county in which the school 547
or institution is located advance notice of each school safety 548
drill required under division (D)(1) of this section and shall 549
keep a written record of the date and time of each drill 550
conducted.551

       (3) The principal or person in charge of each public or 552
private school or educational institution shall hold annual 553
training sessions for employees of the school or institution 554
regarding the conduct of school safety drills.555

       (4) The police chief or other similar chief law enforcement 556
officer of a municipal corporation, township, or township police 557
district, or, in the absence of any such person, the county 558
sheriff shall issue a warning to any person found in violation of 559
division (D)(1) of this section. Each warning issued for a 560
violation of division (D)(1) of this section shall require the 561
principal or person in charge of the school or institution to 562
correct the violation by conducting the school safety drill not 563
later than the thirtieth day after the date the warning is issued.564

       (5) No person shall fail to correct violations by the date 565
indicated on a warning issued under division (D)(4) of this 566
section.567

       Sec. 3737.99.  (A) Whoever violates section 3737.28 of the568
Revised Code may be summarily punished, by the officer concerned,569
by a fine of not more than one hundred dollars or commitment to570
the county jail until that person is willing to comply with the571
order of such officer.572

       (B) Except as a violation of section 2923.17 of the Revised 573
Code involves subject matter covered by the state fire code and 574
except as such a violation is covered by division (G) of this 575
section, whoever violates division (A) of section 3737.51 of the 576
Revised Code is guilty of a misdemeanor of the first degree.577

       (C) Whoever violates section 3737.61 of the Revised Code is 578
guilty of a minor misdemeanor.579

       (D) Whoever violates section 3737.62 or 3737.64 of the580
Revised Code is guilty of a misdemeanor of the fourth degree.581

       (E) Whoever violates section 3737.63 or division (A) or (B) 582
of section 3737.65 of the Revised Code is guilty of a misdemeanor 583
of the third degree.584

       (F) Whoever violates division (C)(3) or (D)(5) of section 585
3737.73 of the Revised Code shall be fined not less than five nor 586
more than twentyone thousand dollars.587

       (G) Whoever violates section 3737.66 of the Revised Code is 588
guilty of a misdemeanor of the first degree.589

       (H) Whoever knowingly violates division (C) of section590
3737.882 of the Revised Code is guilty of an unclassified felony591
and shall be fined not more than twenty-five thousand dollars or592
imprisoned for not more than fourteen months, or both. Whoever593
recklessly violates division (C) of section 3737.882 of the594
Revised Code is guilty of a misdemeanor of the first degree.595

       (I) Whoever knowingly violates division (F)(1), (2), or (3) 596
of section 3737.881 or section 3737.93 of the Revised Code is597
guilty of a misdemeanor of the fourth degree.598

       (J) Whoever knowingly violates division (B) or (C) of section 599
3737.91 of the Revised Code is guilty of a misdemeanor of the 600
second degree.601

       Section 2. That existing sections 149.433, 3301.56, 3313.536, 602
3314.03, 3737.73, and 3737.99 of the Revised Code are hereby 603
repealed.604

       Section 3. It is the intent of the General Assembly to 605
encourage the United States Congress and the United States 606
Department of Homeland Security to broaden the definition of 607
"critical infrastructure" enacted in the "Homeland Security Act of 608
2002," 6 U.S.C. 101 et seq., to include school buildings as they 609
are a potential target of terrorist attacks. Including school 610
buildings as critical infrastructure would enable the Department 611
to prioritize the security of school buildings by integrating them 612
into its risk assessments and plans for protecting the national 613
safety and welfare.614