As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 79

Representatives Raga, Latta, Setzer, C. Evans, Hagan, DeWine, McGregor, Willamowski, Gilb, Flowers 

---

A BILL

To amend sections 3314.03, 3319.291, and 3319.311 and

1

to enact sections 3319.313, 5126.253, and 5153.176

2

of the Revised Code to require that information

3

about professional misconduct or child abuse or

4

neglect committed by a person licensed by the

5

State Board of Education be submitted to the

6

Superintendent of Public Instruction and to

7

require the State Board to request a criminal

8

records check prior to renewing an educator

9

license.

10

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

Section 1. That sections 3314.03, 3319.291, and 3319.311 be	11
amended and sections 3319.313, 5126.253, and 5153.176 of the	12
Revised Code be enacted to read as follows:	13

Sec. 3314.03.  A copy of every contract entered into under	14
this section shall be filed with the superintendent of public	15
instruction.	16

(A) Each contract entered into between a sponsor and the	17
governing authority of a community school shall specify the	18
following:	19

(1) That the school shall be established as either of the	20
following:	21

(a) A nonprofit corporation established under Chapter 1702.	22
of the Revised Code, if established prior to April 8, 2003;	23

(b) A public benefit corporation established under Chapter	24
1702. of the Revised Code, if established after April 8, 2003;	25

(2) The education program of the school, including the	26
school's mission, the characteristics of the students the school	27
is expected to attract, the ages and grades of students, and the	28
focus of the curriculum;	29

(3) The academic goals to be achieved and the method of	30
measurement that will be used to determine progress toward those	31
goals, which shall include the statewide achievement tests;	32

(4) Performance standards by which the success of the school	33
will be evaluated by the sponsor;	34

(5) The admission standards of section 3314.06 of the Revised	35
Code;	36

(6)(a) Dismissal procedures;

37

(b) A requirement that the governing authority adopt an	38
attendance policy that includes a procedure for automatically	39
withdrawing a student from the school if the student without a	40
legitimate excuse fails to participate in one hundred five	41
consecutive hours of the learning opportunities offered to the	42
student. Such a policy shall provide for withdrawing the student	43
by the end of the thirtieth day after the student has failed to	44
participate as required under this division.	45

(7) The ways by which the school will achieve racial and	46
ethnic balance reflective of the community it serves;	47

(8) Requirements for financial audits by the auditor of	48
state. The contract shall require financial records of the school	49
to be maintained in the same manner as are financial records of	50
school districts, pursuant to rules of the auditor of state, and	51
the audits shall be conducted in accordance with section 117.10 of	52
the Revised Code.	53

(9) The facilities to be used and their locations;

54

(10) Qualifications of teachers, including a requirement that	55
the school's classroom teachers be licensed in accordance with	56
sections 3319.22 to 3319.31 of the Revised Code, except that a	57
community school may engage noncertificated persons to teach up to	58
twelve hours per week pursuant to section 3319.301 of the Revised	59
Code;	60

(11) That the school will comply with the following	61
requirements:	62

(a) The school will provide learning opportunities to a	63
minimum of twenty-five students for a minimum of nine hundred	64
twenty hours per school year;	65

(b) The governing authority will purchase liability	66
insurance, or otherwise provide for the potential liability of the	67
school;	68

(c) The school will be nonsectarian in its programs,	69
admission policies, employment practices, and all other	70
operations, and will not be operated by a sectarian school or	71
religious institution;	72

(d) The school will comply with sections 9.90, 9.91, 109.65,	73
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	74
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	75
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	76
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	77
3319.073, 3319.313, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	78
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	79
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	80
4123., 4141., and 4167. of the Revised Code as if it were a school	81
district and will comply with section 3301.0714 of the Revised	82
Code in the manner specified in section 3314.17 of the Revised	83
Code;	84

(e) The school shall comply with Chapter 102. of the Revised	85
Code except that nothing in that chapter shall prohibit a member	86
of the school's governing board from also being an employee of the	87
school and nothing in that chapter or section 2921.42 of the	88
Revised Code shall prohibit a member of the school's governing	89
board from having an interest in a contract into which the	90
governing board enters that is not a contract with a for-profit	91
firm for the operation or management of a school under the	92
auspices of the governing authority;	93

(f) The school will comply with sections 3313.61, 3313.611,	94
and 3313.614 of the Revised Code, except that the requirement in	95
sections 3313.61 and 3313.611 of the Revised Code that a person	96
must successfully complete the curriculum in any high school prior	97
to receiving a high school diploma may be met by completing the	98
curriculum adopted by the governing authority of the community	99
school rather than the curriculum specified in Title XXXIII of the	100
Revised Code or any rules of the state board of education;	101

(g) The school governing authority will submit within four	102
months after the end of each school year a report of its	103
activities and progress in meeting the goals and standards of	104
divisions (A)(3) and (4) of this section and its financial status	105
to the sponsor, the parents of all students enrolled in the	106
school, and the legislative office of education oversight. The	107
school will collect and provide any data that the legislative	108
office of education oversight requests in furtherance of any study	109
or research that the general assembly requires the office to	110
conduct, including the studies required under Section 50.39 of Am.	111
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	112
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	113

(12) Arrangements for providing health and other benefits to	114
employees;	115

(13) The length of the contract, which shall begin at the	116
beginning of an academic year. No contract shall exceed five years	117
unless such contract has been renewed pursuant to division (E) of	118
this section.	119

(14) The governing authority of the school, which shall be	120
responsible for carrying out the provisions of the contract;	121

(15) A financial plan detailing an estimated school budget	122
for each year of the period of the contract and specifying the	123
total estimated per pupil expenditure amount for each such year.	124
The plan shall specify for each year the base formula amount that	125
will be used for purposes of funding calculations under section	126
3314.08 of the Revised Code. This base formula amount for any year	127
shall not exceed the formula amount defined under section 3317.02	128
of the Revised Code. The plan may also specify for any year a	129
percentage figure to be used for reducing the per pupil amount of	130
disadvantaged pupil impact aid calculated pursuant to section	131
3317.029 of the Revised Code the school is to receive that year	132
under section 3314.08 of the Revised Code.	133

(16) Requirements and procedures regarding the disposition of	134
employees of the school in the event the contract is terminated or	135
not renewed pursuant to section 3314.07 of the Revised Code;	136

(17) Whether the school is to be created by converting all or	137
part of an existing public school or is to be a new start-up	138
school, and if it is a converted public school, specification of	139
any duties or responsibilities of an employer that the board of	140
education that operated the school before conversion is delegating	141
to the governing board of the community school with respect to all	142
or any specified group of employees provided the delegation is not	143
prohibited by a collective bargaining agreement applicable to such	144
employees;	145

(18) Provisions establishing procedures for resolving	146
disputes or differences of opinion between the sponsor and the	147
governing authority of the community school;	148

(19) A provision requiring the governing authority to adopt a	149
policy regarding the admission of students who reside outside the	150
district in which the school is located. That policy shall comply	151
with the admissions procedures specified in section 3314.06 of the	152
Revised Code and, at the sole discretion of the authority, shall	153
do one of the following:	154

(a) Prohibit the enrollment of students who reside outside	155
the district in which the school is located;	156

(b) Permit the enrollment of students who reside in districts	157
adjacent to the district in which the school is located;	158

(c) Permit the enrollment of students who reside in any other	159
district in the state.	160

(20) A provision recognizing the authority of the department	161
of education to take over the sponsorship of the school in	162
accordance with the provisions of division (C) of section 3314.015	163
of the Revised Code;	164

(21) A provision recognizing the sponsor's authority to	165
assume the operation of a school under the conditions specified in	166
division (B) of section 3314.073 of the Revised Code;	167

(22) A provision recognizing both of the following:

168

(a) The authority of public health and safety officials to	169
inspect the facilities of the school and to order the facilities	170
closed if those officials find that the facilities are not in	171
compliance with health and safety laws and regulations;	172

(b) The authority of the department of education as the	173
community school oversight body to suspend the operation of the	174
school under section 3314.072 of the Revised Code if the	175
department has evidence of conditions or violations of law at the	176
school that pose an imminent danger to the health and safety of	177
the school's students and employees and the sponsor refuses to	178
take such action;	179

(23) A description of the learning opportunities that will be	180
offered to students including both classroom-based and	181
non-classroom-based learning opportunities that is in compliance	182
with criteria for student participation established by the	183
department under division (L)(2) of section 3314.08 of the Revised	184
Code;	185

(24) The school will comply with section 3302.04 of the	186
Revised Code, including division (E) of that section to the extent	187
possible, except that any action required to be taken by a school	188
district pursuant to that section shall be taken by the sponsor of	189
the school. However, the sponsor shall not be required to take any	190
action described in division (F) of that section.	191

(B) The community school shall also submit to the sponsor a	192
comprehensive plan for the school. The plan shall specify the	193
following:	194

(1) The process by which the governing authority of the	195
school will be selected in the future;	196

(2) The management and administration of the school;

197

(3) If the community school is a currently existing public	198
school, alternative arrangements for current public school	199
students who choose not to attend the school and teachers who	200
choose not to teach in the school after conversion;	201

(4) The instructional program and educational philosophy of	202
the school;	203

(5) Internal financial controls.

204

(C) A contract entered into under section 3314.02 of the	205
Revised Code between a sponsor and the governing authority of a	206
community school may provide for the community school governing	207
authority to make payments to the sponsor, which is hereby	208
authorized to receive such payments as set forth in the contract	209
between the governing authority and the sponsor. The total amount	210
of such payments for oversight and monitoring of the school shall	211
not exceed three per cent of the total amount of payments for	212
operating expenses that the school receives from the state.	213

(D) The contract shall specify the duties of the sponsor	214
which shall be in accordance with the written agreement entered	215
into with the department of education under division (B) of	216
section 3314.015 of the Revised Code and shall include the	217
following:	218

(1) Monitor the community school's compliance with all laws	219
applicable to the school and with the terms of the contract;	220

(2) Monitor and evaluate the academic and fiscal performance	221
and the organization and operation of the community school on at	222
least an annual basis;	223

(3) Report on an annual basis the results of the evaluation	224
conducted under division (D)(2) of this section to the department	225
of education and to the parents of students enrolled in the	226
community school;	227

(4) Provide technical assistance to the community school in	228
complying with laws applicable to the school and terms of the	229
contract;	230

(5) Take steps to intervene in the school's operation to	231
correct problems in the school's overall performance, declare the	232
school to be on probationary status pursuant to section 3314.073	233
of the Revised Code, suspend the operation of the school pursuant	234
to section 3314.072 of the Revised Code, or terminate the contract	235
of the school pursuant to section 3314.07 of the Revised Code as	236
determined necessary by the sponsor;	237

(6) Have in place a plan of action to be undertaken in the	238
event the community school experiences financial difficulties or	239
closes prior to the end of a school year.	240

(E) Upon the expiration of a contract entered into under this	241
section, the sponsor of a community school may, with the approval	242
of the governing authority of the school, renew that contract for	243
a period of time determined by the sponsor, but not ending earlier	244
than the end of any school year, if the sponsor finds that the	245
school's compliance with applicable laws and terms of the contract	246
and the school's progress in meeting the academic goals prescribed	247
in the contract have been satisfactory. Any contract that is	248
renewed under this division remains subject to the provisions of	249
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	250

Sec. 3319.291.  (A) When any person initially applies for any	251
certificate, license, or permit described in division (B) of	252
section 3301.071, in section 3301.074, 3319.088, 3319.29,	253
3319.302, or 3319.304, or in division (A) of section 3319.303 of	254
the Revised Code, and when any person applies for a renewal of	255
such certificate, license, or permit, the state board of education	256
shall require the person to submit with the application two	257
complete sets of fingerprints and written permission that	258
authorizes the superintendent of public instruction to forward the	259
fingerprints to the bureau of criminal identification and	260
investigation pursuant to division (F) of section 109.57 of the	261
Revised Code and that authorizes that bureau to forward the	262
fingerprints to the federal bureau of investigation for purposes	263
of obtaining any criminal records that the federal bureau	264
maintains on the person.	265

(B) TheExcept as provided in division (C) of this section,	266
prior to issuing or renewing any certificate, license, or permit	267
described in this section, the state board of education or the	268
superintendent of public instruction shall request the	269
superintendent of the bureau of criminal identification and	270
investigation to investigate and determine whether the bureau has	271
any information, gathered pursuant to division (A) of section	272
109.57 of the Revised Code, pertaining to any person submitting	273
fingerprints and written permission under this section. If the	274
person does not present proof that the person has been a resident	275
of this state for the five-year period immediately prior to the	276
date upon which the investigation described in this division is	277
requested, or does not provide evidence that within that five-year	278
period the superintendent of the bureau of criminal identification	279
and investigation has requested information about the person from	280
the federal bureau of investigation, the state board or the	281
superintendent of public instruction shall request the	282
superintendent of the bureau of criminal identification and	283
investigation to obtain any criminal records that the federal	284
bureau of investigation has on the person. If the person presents	285
proof that the person has been a resident of this state for that	286
five-year period, the state board or the superintendent of public	287
instruction may request the superintendent of the bureau of	288
criminal identification and investigation to obtain any criminal	289
records that the federal bureau of investigation has on the	290
person.	291

(C) The state board or the superintendent of public	292
instruction may choose not to request any information required by	293
division (B) of this section if the person applying for the	294
issuance or renewal of a certificate, license, or permit described	295
in this section provides proof that a criminal records check was	296
conducted on the person as a condition of employment pursuant to	297
section 3319.39 of the Revised Code within the immediately	298
preceding year. The state board or the superintendent of public	299
instruction may accept a certified copy of records that were	300
issued by the bureau of criminal identification and investigation	301
and that are presented by a person applying for the issuance or	302
renewal of a certificate, license, or permit described in this	303
section in lieu of requesting that information under division (B)	304
of this section if the records were issued by the bureau within	305
the immediately preceding year.	306

Sec. 3319.311.  (A) The state board of education, or the	307
superintendent of public instruction on behalf of the board, may	308
investigate any information received about a person that	309
reasonably appears to be a basis for action under section 3319.31	310
of the Revised Code, including information received pursuant to	311
section 3319.313, 5126.253, or 5153.176 of the Revised Code. The	312
board shall contract with the office of the Ohio attorney general	313
to conduct any investigation of that nature. The board shall pay	314
for the costs of the contract only from moneys in the state board	315
of education licensure fund established under division (B) of	316
section 3319.51 of the Revised Code. All information received	317
pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised	318
Code, and all information obtained during an investigation is	319
confidential and is not a public record under section 149.43 of	320
the Revised Code. If an investigation is conducted under this	321
division regarding information received about a person and no	322
action is taken against the person under this section or section	323
3319.31 of the Revised Code within two years of the completion of	324
the investigation, all records of the investigation shall be	325
expunged.	326

(B) The superintendent of public instruction shall review the	327
results of each investigation of a person conducted under division	328
(A) of this section and shall determine, on behalf of the state	329
board, whether the results warrant initiating action under section	330
3319.31 of the Revised Code. The superintendent shall advise the	331
board of such determination at a meeting of the board. Within	332
fourteen days of the next meeting of the board, any member of the	333
board may ask that the question of initiating action under section	334
3319.31 of the Revised Code be placed on the board's agenda for	335
that next meeting. Prior to initiating that action against any	336
person, the person's name and any other personally identifiable	337
information shall remain confidential.	338

(C) The board shall take no action against a person under	339
section 3319.31 of the Revised Code without providing the person	340
with written notice of the charges and with an opportunity for a	341
hearing in accordance with Chapter 119. of the Revised Code.	342

(D) For purposes of an investigation under division (A) of	343
this section or a hearing under division (C) of this section, the	344
board, or the superintendent on behalf of the board, may	345
administer oaths, order the taking of depositions, issue	346
subpoenas, and compel the attendance of witnesses and the	347
production of books, accounts, papers, records, documents, and	348
testimony. The issuance of subpoenas under this division may be by	349
certified mail or personal delivery to the person.	350

(E) The superintendent, on behalf of the board, may enter	351
into a consent agreement with a person against whom action is	352
being taken under section 3319.31 of the Revised Code. The board	353
may adopt rules governing the superintendent's action under this	354
division.	355

(F) The board automatically may suspend any license without a	356
prior hearing if the license holder is convicted of or pleads	357
guilty to one or more of the following offenses or a violation of	358
an ordinance of a municipal corporation or a law of another state	359
that is substantially comparable to one of the following offenses:	360
aggravated murder; murder; aggravated arson; aggravated robbery;	361
aggravated burglary; voluntary manslaughter; felonious assault;	362
kidnapping; rape; sexual battery; gross sexual imposition; or	363
unlawful sexual conduct with a minor. A suspension under this	364
division is effective on the date of the conviction or guilty	365
plea.	366

For a suspension under this division, the board, in	367
accordance with section 119.07 of the Revised Code, shall issue a	368
written order of suspension to the license holder by certified	369
mail or in person and shall afford the person a hearing upon	370
request. If the person does not request a hearing within the time	371
limits established by that section, the board shall enter a final	372
order revoking the person's license. An order of suspension under	373
this division is not subject to suspension by a court during the	374
pendency of an appeal filed under section 119.12 of the Revised	375
Code.	376

An order of suspension under this division shall remain in	377
effect, unless reversed on appeal, until the final order of the	378
board, issued pursuant to this section and Chapter 119. of the	379
Revised Code, becomes effective. The board shall issue a final	380
order within sixty days of the date of an order of suspension	381
under this division or a hearing on an order of suspension,	382
whichever is later. If the board fails to issue a final order by	383
that deadline, the order of suspension is dissolved. No	384
dissolution of an order of suspension under this division shall	385
invalidate a subsequent final order of the board.	386

(G) No surrender of a license shall be effective until the	387
board takes action to accept the surrender unless the surrender is	388
pursuant to a consent agreement entered into under division (E) of	389
this section.	390

Sec. 3319.313.  (A) As used in this section:

391

(1) "License" has the same meaning as in section 3319.31 of	392
the Revised Code.	393

(2) "Professional misconduct" means any conduct or misconduct	394
described in divisions (B)(1) and (2) of section 3319.31 of the	395
Revised Code.	396

(B) The board of education of each school district, the	397
governing board of each educational service center, and the chief	398
administrator of each chartered nonpublic school shall promptly	399
submit to the superintendent of public instruction information the	400
board or administrator has in the board's or administrator's	401
custody about allegations of professional misconduct by an	402
employee who holds a license issued by the state board of	403
education, including any information about allegations of	404
professional misconduct for which the employee was terminated or	405
asked to resign.	406

Sec. 5126.253.  (A) As used in this section:

407

(1) "License" has the same meaning as in section 3319.31 of	408
the Revised Code.	409

(2) "Professional misconduct" means any conduct or misconduct	410
described in divisions (B)(1) and (2) of section 3319.31 of the	411
Revised Code.	412

(B) Each county board of mental retardation and developmental	413
disabilities shall promptly submit to the superintendent of public	414
instruction information the board has in its custody about	415
allegations of professional misconduct by an employee who holds a	416
license issued by the state board of education, including any	417
information about allegations of professional misconduct for which	418
the employee was terminated or asked to resign.	419

Sec. 5153.176.  As used in this section, "license" has the	420
same meaning as in section 3319.31 of the Revised Code.	421

Notwithstanding any provision to the contrary in section	422
2151.421, 5153.17, or any other section of the Revised Code	423
pertaining to confidentiality, a public children services agency	424
shall promptly submit to the superintendent of public instruction	425
any written documentation regarding the agency's investigation of	426
a report of child abuse or neglect made pursuant to section	427
2151.421 of the Revised Code involving a person who holds a	428
license issued by the state board of education where the agency	429
has determined that evidence of child abuse or neglect exists. The	430
agency shall not include in the information provided to the	431
superintendent the name of the person or entity that made or	432
participated in making the report of abuse or neglect.	433

Section 2. That existing sections 3314.03, 3319.291, and	434
3319.311 of the Revised Code are hereby repealed.	435

Section 3.  Section 3314.03 of the Revised Code is presented	436
in this act as a composite of the section as amended by both Am.	437
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	438
The General Assembly, applying the principle stated in division	439
(B) of section 1.52 of the Revised Code that amendments are to be	440
harmonized if reasonably capable of simultaneous operation, finds	441
that the composite is the resulting version of the section in	442
effect prior to the effective date of the section as presented in	443
this act.	444