As Reported by the House Education Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 79


Representatives Raga, Latta, Setzer, C. Evans, Hagan, DeWine, McGregor, Willamowski, Gilb, Flowers, Seaver, Reidelbach, Schlichter, Reinhard 



A BILL
To amend sections 3314.03, 3319.291, and 3319.311 and 1
to enact sections 3319.313, 3319.314, 5126.253, 2
5126.254, and 5153.176 of the Revised Code to 3
require that information about specified 4
professional misconduct or child abuse or neglect 5
committed by a person licensed by the State Board 6
of Education be submitted to the Superintendent of 7
Public Instruction, to require the State Board to 8
request a criminal records check prior to renewing 9
an educator license, and to require the State 10
Board to request a criminal records check every 11
five years for a person teaching under an 12
eight-year professional teaching certificate or 13
permanent teaching certificate issued under former 14
law.15


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

       Section 1. That sections 3314.03, 3319.291, and 3319.311 be 16
amended and sections 3319.313, 3319.314, 5126.253, 5126.254, and 17
5153.176 of the Revised Code be enacted to read as follows:18

       Sec. 3314.03.  A copy of every contract entered into under 19
this section shall be filed with the superintendent of public 20
instruction.21

       (A) Each contract entered into between a sponsor and the 22
governing authority of a community school shall specify the 23
following:24

       (1) That the school shall be established as either of the25
following:26

       (a) A nonprofit corporation established under Chapter 1702.27
of the Revised Code, if established prior to April 8, 2003;28

       (b) A public benefit corporation established under Chapter29
1702. of the Revised Code, if established after April 8, 2003;30

       (2) The education program of the school, including the31
school's mission, the characteristics of the students the school32
is expected to attract, the ages and grades of students, and the33
focus of the curriculum;34

       (3) The academic goals to be achieved and the method of35
measurement that will be used to determine progress toward those36
goals, which shall include the statewide achievement tests;37

       (4) Performance standards by which the success of the school38
will be evaluated by the sponsor;39

       (5) The admission standards of section 3314.06 of the Revised 40
Code;41

       (6)(a) Dismissal procedures;42

       (b) A requirement that the governing authority adopt an43
attendance policy that includes a procedure for automatically44
withdrawing a student from the school if the student without a45
legitimate excuse fails to participate in one hundred five46
consecutive hours of the learning opportunities offered to the47
student. Such a policy shall provide for withdrawing the student48
by the end of the thirtieth day after the student has failed to49
participate as required under this division.50

       (7) The ways by which the school will achieve racial and51
ethnic balance reflective of the community it serves;52

       (8) Requirements for financial audits by the auditor of 53
state. The contract shall require financial records of the school 54
to be maintained in the same manner as are financial records of 55
school districts, pursuant to rules of the auditor of state, and 56
the audits shall be conducted in accordance with section 117.10 of 57
the Revised Code.58

       (9) The facilities to be used and their locations;59

       (10) Qualifications of teachers, including a requirement that 60
the school's classroom teachers be licensed in accordance with 61
sections 3319.22 to 3319.31 of the Revised Code, except that a 62
community school may engage noncertificated persons to teach up to 63
twelve hours per week pursuant to section 3319.301 of the Revised 64
Code;65

       (11) That the school will comply with the following66
requirements:67

       (a) The school will provide learning opportunities to a68
minimum of twenty-five students for a minimum of nine hundred69
twenty hours per school year;70

       (b) The governing authority will purchase liability71
insurance, or otherwise provide for the potential liability of the72
school;73

       (c) The school will be nonsectarian in its programs,74
admission policies, employment practices, and all other75
operations, and will not be operated by a sectarian school or76
religious institution;77

       (d) The school will comply with sections 9.90, 9.91, 109.65,78
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,79
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,80
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,81
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,82
3319.073, 3319.313, 3319.314, 3319.321, 3319.39, 3321.01, 3321.13, 83
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 84
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,85
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it 86
were a school district and will comply with section 3301.0714 of 87
the Revised Code in the manner specified in section 3314.17 of the88
Revised Code;89

       (e) The school shall comply with Chapter 102. of the Revised90
Code except that nothing in that chapter shall prohibit a member91
of the school's governing board from also being an employee of the92
school and nothing in that chapter or section 2921.42 of the93
Revised Code shall prohibit a member of the school's governing94
board from having an interest in a contract into which the95
governing board enters that is not a contract with a for-profit96
firm for the operation or management of a school under the97
auspices of the governing authority;98

       (f) The school will comply with sections 3313.61, 3313.611,99
and 3313.614 of the Revised Code, except that the requirement in 100
sections 3313.61 and 3313.611 of the Revised Code that a person101
must successfully complete the curriculum in any high school prior102
to receiving a high school diploma may be met by completing the103
curriculum adopted by the governing authority of the community104
school rather than the curriculum specified in Title XXXIII of the105
Revised Code or any rules of the state board of education;106

       (g) The school governing authority will submit within four 107
months after the end of each school year a report of its 108
activities and progress in meeting the goals and standards of109
divisions (A)(3) and (4) of this section and its financial status110
to the sponsor, the parents of all students enrolled in the111
school, and the legislative office of education oversight. The112
school will collect and provide any data that the legislative113
office of education oversight requests in furtherance of any study114
or research that the general assembly requires the office to115
conduct, including the studies required under Section 50.39 of Am.116
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of117
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.118

       (12) Arrangements for providing health and other benefits to119
employees;120

       (13) The length of the contract, which shall begin at the121
beginning of an academic year. No contract shall exceed five years122
unless such contract has been renewed pursuant to division (E) of 123
this section.124

       (14) The governing authority of the school, which shall be125
responsible for carrying out the provisions of the contract;126

       (15) A financial plan detailing an estimated school budget127
for each year of the period of the contract and specifying the128
total estimated per pupil expenditure amount for each such year.129
The plan shall specify for each year the base formula amount that130
will be used for purposes of funding calculations under section131
3314.08 of the Revised Code. This base formula amount for any year 132
shall not exceed the formula amount defined under section 3317.02133
of the Revised Code. The plan may also specify for any year a 134
percentage figure to be used for reducing the per pupil amount of 135
disadvantaged pupil impact aid calculated pursuant to section 136
3317.029 of the Revised Code the school is to receive that year 137
under section 3314.08 of the Revised Code.138

       (16) Requirements and procedures regarding the disposition of139
employees of the school in the event the contract is terminated or 140
not renewed pursuant to section 3314.07 of the Revised Code;141

       (17) Whether the school is to be created by converting all or 142
part of an existing public school or is to be a new start-up143
school, and if it is a converted public school, specification of144
any duties or responsibilities of an employer that the board of145
education that operated the school before conversion is delegating146
to the governing board of the community school with respect to all147
or any specified group of employees provided the delegation is not148
prohibited by a collective bargaining agreement applicable to such149
employees;150

       (18) Provisions establishing procedures for resolving151
disputes or differences of opinion between the sponsor and the152
governing authority of the community school;153

       (19) A provision requiring the governing authority to adopt a 154
policy regarding the admission of students who reside outside the 155
district in which the school is located. That policy shall comply 156
with the admissions procedures specified in section 3314.06 of the 157
Revised Code and, at the sole discretion of the authority, shall 158
do one of the following:159

       (a) Prohibit the enrollment of students who reside outside160
the district in which the school is located;161

       (b) Permit the enrollment of students who reside in districts162
adjacent to the district in which the school is located;163

       (c) Permit the enrollment of students who reside in any other164
district in the state.165

       (20) A provision recognizing the authority of the department166
of education to take over the sponsorship of the school in167
accordance with the provisions of division (C) of section 3314.015168
of the Revised Code;169

       (21) A provision recognizing the sponsor's authority to170
assume the operation of a school under the conditions specified in171
division (B) of section 3314.073 of the Revised Code;172

        (22) A provision recognizing both of the following:173

       (a) The authority of public health and safety officials to174
inspect the facilities of the school and to order the facilities175
closed if those officials find that the facilities are not in176
compliance with health and safety laws and regulations;177

       (b) The authority of the department of education as the178
community school oversight body to suspend the operation of the179
school under section 3314.072 of the Revised Code if the180
department has evidence of conditions or violations of law at the181
school that pose an imminent danger to the health and safety of182
the school's students and employees and the sponsor refuses to183
take such action;184

        (23) A description of the learning opportunities that will be 185
offered to students including both classroom-based and186
non-classroom-based learning opportunities that is in compliance187
with criteria for student participation established by the188
department under division (L)(2) of section 3314.08 of the Revised189
Code;190

       (24) The school will comply with section 3302.04 of the 191
Revised Code, including division (E) of that section to the extent 192
possible, except that any action required to be taken by a school 193
district pursuant to that section shall be taken by the sponsor of 194
the school. However, the sponsor shall not be required to take any 195
action described in division (F) of that section.196

       (B) The community school shall also submit to the sponsor a197
comprehensive plan for the school. The plan shall specify the198
following:199

       (1) The process by which the governing authority of the200
school will be selected in the future;201

       (2) The management and administration of the school;202

       (3) If the community school is a currently existing public203
school, alternative arrangements for current public school204
students who choose not to attend the school and teachers who205
choose not to teach in the school after conversion;206

       (4) The instructional program and educational philosophy of207
the school;208

       (5) Internal financial controls.209

       (C) A contract entered into under section 3314.02 of the210
Revised Code between a sponsor and the governing authority of a211
community school may provide for the community school governing212
authority to make payments to the sponsor, which is hereby213
authorized to receive such payments as set forth in the contract214
between the governing authority and the sponsor. The total amount215
of such payments for oversight and monitoring of the school shall216
not exceed three per cent of the total amount of payments for217
operating expenses that the school receives from the state.218

       (D) The contract shall specify the duties of the sponsor219
which shall be in accordance with the written agreement entered220
into with the department of education under division (B) of221
section 3314.015 of the Revised Code and shall include the222
following:223

        (1) Monitor the community school's compliance with all laws224
applicable to the school and with the terms of the contract;225

        (2) Monitor and evaluate the academic and fiscal performance 226
and the organization and operation of the community school on at 227
least an annual basis;228

        (3) Report on an annual basis the results of the evaluation229
conducted under division (D)(2) of this section to the department230
of education and to the parents of students enrolled in the231
community school;232

        (4) Provide technical assistance to the community school in 233
complying with laws applicable to the school and terms of the234
contract;235

        (5) Take steps to intervene in the school's operation to236
correct problems in the school's overall performance, declare the237
school to be on probationary status pursuant to section 3314.073238
of the Revised Code, suspend the operation of the school pursuant239
to section 3314.072 of the Revised Code, or terminate the contract240
of the school pursuant to section 3314.07 of the Revised Code as241
determined necessary by the sponsor;242

        (6) Have in place a plan of action to be undertaken in the243
event the community school experiences financial difficulties or244
closes prior to the end of a school year.245

        (E) Upon the expiration of a contract entered into under this 246
section, the sponsor of a community school may, with the approval 247
of the governing authority of the school, renew that contract for248
a period of time determined by the sponsor, but not ending earlier249
than the end of any school year, if the sponsor finds that the250
school's compliance with applicable laws and terms of the contract251
and the school's progress in meeting the academic goals prescribed252
in the contract have been satisfactory. Any contract that is 253
renewed under this division remains subject to the provisions of 254
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.255

       Sec. 3319.291.  (A) When any person initially applies for any 256
certificate, license, or permit described in division (B) of257
section 3301.071, in section 3301.074, 3319.088, 3319.29, 258
3319.302, or 3319.304, or in division (A) of section 3319.303 of 259
the Revised Code, theThe state board of education shall require 260
each of the personfollowing persons, at the times prescribed by 261
division (A) of this section, to submit with the application two 262
complete sets of fingerprints and written permission that263
authorizes the superintendent of public instruction to forward the 264
fingerprints to the bureau of criminal identification and265
investigation pursuant to division (F) of section 109.57 of the266
Revised Code and that authorizes that bureau to forward the267
fingerprints to the federal bureau of investigation for purposes268
of obtaining any criminal records that the federal bureau269
maintains on the person:270

       (1) Any person initially applying for any certificate, 271
license, or permit described in division (B) of section 3301.071, 272
in section 3301.074, 3319.088, 3319.29, 3319.302, or 3319.304, or 273
in division (A) of section 3319.303 of the Revised Code at the 274
time that application is made;275

       (2) Any person applying for renewal of any certificate, 276
license, or permit described in division (A)(1) of this section at 277
the time that application is made;278

       (3) Any person who is teaching under a professional teaching 279
certificate issued under former section 3319.22 or under section 280
3319.222 of the Revised Code upon a date prescribed by the state 281
board that is not later than five years after the date that the 282
license was issued or renewed;283

       (4) Any person who is teaching under a permanent teaching 284
certificate issued under former section 3319.22 or under section 285
3319.222 of the Revised Code upon a date prescribed by the state 286
board and every five years thereafter.287

       (B) TheExcept as provided in division (C) of this section, 288
prior to issuing or renewing any certificate, license, or permit 289
described in division (A)(1) or (2) of this section and in the 290
case of a person required to submit fingerprints and written 291
permission under division (A)(3) or (4) of this section, the state 292
board of education or the superintendent of public instruction 293
shall request the superintendent of the bureau of criminal 294
identification and investigation to investigate and determine 295
whether the bureau has any information, gathered pursuant to 296
division (A) of section 109.57 of the Revised Code, pertaining to 297
any person submitting fingerprints and written permission under 298
this section. If the person does not present proof that the person 299
has been a resident of this state for the five-year period 300
immediately prior to the date upon which the investigation 301
described in this division is requested, or does not provide 302
evidence that within that five-year period the superintendent of 303
the bureau of criminal identification and investigation has 304
requested information about the person from the federal bureau of 305
investigation, the state board or the superintendent of public 306
instruction shall request the superintendent of the bureau of 307
criminal identification and investigation to obtain any criminal 308
records that the federal bureau of investigation has on the 309
person. If the person presents proof that the person has been a 310
resident of this state for that five-year period, the state board 311
or the superintendent of public instruction may request the 312
superintendent of the bureau of criminal identification and 313
investigation to obtain any criminal records that the federal 314
bureau of investigation has on the person.315

       (C) The state board or the superintendent of public 316
instruction may choose not to request any information required by 317
division (B) of this section if the person applying for the 318
issuance or renewal of a certificate, license, or permit described 319
in division (A)(1) or (2) of this section or the person required 320
to submit fingerprints and written permission under division 321
(A)(3) or (4) of this section provides proof that a criminal 322
records check was conducted on the person as a condition of 323
employment pursuant to section 3319.39 of the Revised Code within 324
the immediately preceding year. The state board or the 325
superintendent of public instruction may accept a certified copy 326
of records that were issued by the bureau of criminal 327
identification and investigation and that are presented by a 328
person applying for the issuance or renewal of a certificate, 329
license, or permit described in this section in lieu of requesting 330
that information under division (B) of this section if the records 331
were issued by the bureau within the immediately preceding year.332

       Sec. 3319.311.  (A) The state board of education, or the333
superintendent of public instruction on behalf of the board, may334
investigate any information received about a person that335
reasonably appears to be a basis for action under section 3319.31336
of the Revised Code, including information received pursuant to 337
section 3319.313, 5126.253, or 5153.176 of the Revised Code. The 338
board shall contract with the office of the Ohio attorney general 339
to conduct any investigation of that nature. The board shall pay 340
for the costs of the contract only from moneys in the state board 341
of education licensure fund established under division (B) of342
section 3319.51 of the Revised Code. All information received 343
pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised 344
Code, and all information obtained during an investigation is345
confidential and is not a public record under section 149.43 of346
the Revised Code. If an investigation is conducted under this 347
division regarding information received about a person and no 348
action is taken against the person under this section or section 349
3319.31 of the Revised Code within two years of the completion of 350
the investigation, all records of the investigation shall be 351
expunged.352

       (B) The superintendent of public instruction shall review the 353
results of each investigation of a person conducted under division 354
(A) of this section and shall determine, on behalf of the state 355
board, whether the results warrant initiating action under section 356
3319.31 of the Revised Code. The superintendent shall advise the 357
board of such determination at a meeting of the board. Within 358
fourteen days of the next meeting of the board, any member of the 359
board may ask that the question of initiating action under section 360
3319.31 of the Revised Code be placed on the board's agenda for 361
that next meeting. Prior to initiating that action against any 362
person, the person's name and any other personally identifiable 363
information shall remain confidential.364

       (C) The board shall take no action against a person under 365
section 3319.31 of the Revised Code without providing the person 366
with written notice of the charges and with an opportunity for a 367
hearing in accordance with Chapter 119. of the Revised Code.368

       (D) For purposes of an investigation under division (A) of 369
this section or a hearing under division (C) of this section, the 370
board, or the superintendent on behalf of the board, may371
administer oaths, order the taking of depositions, issue372
subpoenas, and compel the attendance of witnesses and the373
production of books, accounts, papers, records, documents, and374
testimony. The issuance of subpoenas under this division may be by 375
certified mail or personal delivery to the person.376

       (E) The superintendent, on behalf of the board, may enter 377
into a consent agreement with a person against whom action is 378
being taken under section 3319.31 of the Revised Code. The board 379
may adopt rules governing the superintendent's action under this 380
division.381

       (F) The board automatically may suspend any license without a 382
prior hearing if the license holder is convicted of or pleads 383
guilty to one or more of the following offenses or a violation of 384
an ordinance of a municipal corporation or a law of another state 385
that is substantially comparable to one of the following offenses: 386
aggravated murder; murder; aggravated arson; aggravated robbery; 387
aggravated burglary; voluntary manslaughter; felonious assault; 388
kidnapping; rape; sexual battery; gross sexual imposition; or 389
unlawful sexual conduct with a minor. A suspension under this 390
division is effective on the date of the conviction or guilty 391
plea.392

       For a suspension under this division, the board, in393
accordance with section 119.07 of the Revised Code, shall issue a 394
written order of suspension to the license holder by certified 395
mail or in person and shall afford the person a hearing upon 396
request. If the person does not request a hearing within the time 397
limits established by that section, the board shall enter a final 398
order revoking the person's license. An order of suspension under 399
this division is not subject to suspension by a court during the 400
pendency of an appeal filed under section 119.12 of the Revised 401
Code.402

       An order of suspension under this division shall remain in403
effect, unless reversed on appeal, until the final order of the404
board, issued pursuant to this section and Chapter 119. of the405
Revised Code, becomes effective. The board shall issue a final406
order within sixty days of the date of an order of suspension407
under this division or a hearing on an order of suspension, 408
whichever is later. If the board fails to issue a final order by 409
that deadline, the order of suspension is dissolved. No 410
dissolution of an order of suspension under this division shall 411
invalidate a subsequent final order of the board.412

       (G) No surrender of a license shall be effective until the 413
board takes action to accept the surrender unless the surrender is 414
pursuant to a consent agreement entered into under division (E) of 415
this section.416

       Sec. 3319.313. (A) As used in this section:417

       (1) "Conduct unbecoming to the teaching profession" shall be 418
as described in rules adopted by the state board of education.419

       (2) "License" has the same meaning as in section 3319.31 of 420
the Revised Code.421

       (B) The board of education of each school district, the 422
governing board of each educational service center, and the chief 423
administrator of each chartered nonpublic school shall promptly 424
submit to the superintendent of public instruction the information 425
prescribed in division (C) of this section when any of the 426
following conditions apply to an employee who holds a license 427
issued by the state board of education:428

       (1) The board of education, governing board, or chief 429
administrator knows that the employee has pleaded guilty to, has 430
been found guilty by a jury or court of, or has been convicted of 431
an offense described in divisions (B)(2)(a) to (f) of section 432
3319.31 or division (B)(1) of section 3319.39 of the Revised Code;433

       (2) The board of education, governing board, or chief 434
administrator has initiated termination or nonrenewal proceedings 435
against, has terminated, or has not renewed the contract of the 436
employee because the board of education, governing board, or chief 437
administrator has reasonably determined that the employee has 438
committed an act that is unbecoming to the teaching profession or 439
an offense described in divisions (B)(2)(a) to (f) of section 440
3319.31 or division (B)(1) of section 3319.39 of the Revised Code;441

       (3) The employee has resigned under threat of termination or 442
nonrenewal as described in division (B)(2) of this section;443

       (4) The employee has resigned because of or in the course of 444
an investigation by the board of education, governing board, or 445
chief administrator regarding whether the employee has committed 446
an act that is unbecoming to the teaching profession or an offense 447
described in divisions (B)(2)(a) to (f) of section 3319.31 or 448
division (B)(1) of section 3319.39 of the Revised Code.449

       (C) If a report is required under this section, the board of 450
education, governing board, or chief administrator shall submit to 451
the superintendent of public instruction the name and social 452
security number of the employee about whom the information is 453
required and a factual statement regarding any of the conditions 454
prescribed in divisions (B)(1) to (4) of this section that apply 455
to the employee.456

       (D) A determination made by the board of education, governing 457
board, or chief administrator as described in division (B)(2) of 458
this section or a termination, nonrenewal, resignation, or other 459
separation described in divisions (B)(2) to (4) of this section 460
does not create a presumption of the commission or lack of the 461
commission by the employee of an act unbecoming to the teaching 462
profession or an offense described in divisions (B)(2)(a) to (f) 463
of section 3319.31 or division (B)(1) of section 3319.39 of the 464
Revised Code.465

       Sec. 3319.314.  The board of education of each school 466
district, the governing board of each educational service center, 467
and the chief administrator of each chartered nonpublic school 468
shall require that the reports of any investigation by the board 469
of education, governing board, or chief administrator of an 470
employee regarding whether the employee has committed an act or 471
offense for which the board of education, governing board, or 472
chief administrator is required to make a report to the 473
superintendent of public instruction under section 3319.313 of the 474
Revised Code be kept in the employee's personnel file. If, after 475
an investigation under division (A) of section 3319.311 of the 476
Revised Code, the superintendent of public instruction determines 477
that the results of that investigation do not warrant initiating 478
action under section 3319.31 of the Revised Code, the board of 479
education, governing board, or chief administrator may permit the 480
reports of the board's or chief administrator's investigation to 481
be moved from the employee's personnel file to a separate public 482
file.483

       Sec. 5126.253.  (A) As used in this section:484

       (1) "Conduct unbecoming to the teaching profession" shall be 485
as described in rules adopted by the state board of education.486

       (2) "License" has the same meaning as in section 3319.31 of 487
the Revised Code.488

       (B) Each county board of mental retardation and developmental 489
disabilities shall promptly submit to the superintendent of public 490
instruction the information prescribed in division (C) of this 491
section when any of the following conditions apply to an employee 492
who holds a license issued by the state board of education:493

       (1) The board knows that the employee has pleaded guilty to, 494
has been found guilty by a jury or court of, or has been convicted 495
of an offense described in divisions (B)(2)(a) to (f) of section 496
3319.31 or division (B)(1) of section 3319.39 of the Revised Code;497

       (2) The board has initiated termination or nonrenewal 498
proceedings against, has terminated, or has not renewed the 499
contract of the employee because the board has reasonably 500
determined that the employee has committed an act unbecoming to 501
the teaching profession or an offense described in divisions 502
(B)(2)(a) to (f) of section 3319.31 or division (B)(1) of section 503
3319.39 of the Revised Code;504

       (3) The employee has resigned under threat of termination or 505
nonrenewal as described in division (B)(2) of this section;506

       (4) The employee has resigned because of or in the course of 507
an investigation by the board regarding whether the employee has 508
committed an act unbecoming to the teaching profession or an 509
offense described in divisions (B)(2)(a) to (f) of section 3319.31 510
or division (B)(1) of section 3319.39 of the Revised Code.511

       (C) If a report is required under this section, the board 512
shall submit to the superintendent of public instruction the name 513
and social security number of the employee about whom information 514
is required and a factual statement regarding any of the 515
conditions prescribed in divisions (B)(1) to (4) of this section 516
that apply to the employee.517

       (D) A determination made by the board as described in 518
division (B)(2) of this section or a termination, nonrenewal, 519
resignation, or other separation described in divisions (B)(2) to 520
(4) of this section does not create a presumption of the 521
commission or lack of the commission by the employee of an act 522
unbecoming to the teaching profession or an offense described in 523
divisions (B)(2)(a) to (f) of section 3319.31 or division (B)(1) 524
of section 3319.39 of the Revised Code.525

       Sec. 5123.254.  Each county board of mental retardation and 526
developmental disabilities shall require that the reports of any 527
investigation by the board of an employee regarding whether the 528
employee has committed an act or offense for which the board is 529
required to make a report to the superintendent of public 530
instruction under section 5123.253 of the Revised Code be kept in 531
the employee's personnel file. If, after an investigation under 532
division (A) of section 3319.311 of the Revised Code, the 533
superintendent of public instruction determines that the results 534
of that investigation do not warrant initiating action under 535
section 3319.31 of the Revised Code, the board may permit the 536
reports of the board's investigation to be moved from the 537
employee's personnel file to a separate public file.538

       Sec. 5153.176.  As used in this section, "license" has the 539
same meaning as in section 3319.31 of the Revised Code.540

       Notwithstanding any provision to the contrary in section 541
2151.421, 5153.17, or any other section of the Revised Code 542
pertaining to confidentiality, a public children services agency 543
shall promptly provide to the superintendent of public instruction 544
any information the public children services agency determines to 545
be relevant regarding the agency's investigation of a report of 546
child abuse or neglect made pursuant to section 2151.421 of the 547
Revised Code involving a person who holds a license issued by the 548
state board of education where the agency has determined that 549
evidence of child abuse or neglect exists including, but not 550
limited to, both of the following:551

       (A) A summary of the chronology of abuse and neglect reports 552
made pursuant to section 2151.421 of the Revised Code of which the 553
person is the subject and the final disposition of the 554
investigations conducted in response to those reports, or if an 555
investigation is not complete, the status of that investigation;556

        (B) Any underlying documentation concerning the reports 557
described in division (A) of this section.558

       The information provided by the public children services 559
agency shall pertain to the person's duties and responsibilities 560
under the license.561

        The agency shall not include in the information provided to 562
the superintendent the name of the person or entity that made or 563
participated in making the report of abuse or neglect.564

       Section 2. That existing sections 3314.03, 3319.291, and 565
3319.311 of the Revised Code are hereby repealed.566

       Section 3.  Section 3314.03 of the Revised Code is presented 567
in this act as a composite of the section as amended by both Am. 568
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. 569
The General Assembly, applying the principle stated in division 570
(B) of section 1.52 of the Revised Code that amendments are to be 571
harmonized if reasonably capable of simultaneous operation, finds 572
that the composite is the resulting version of the section in 573
effect prior to the effective date of the section as presented in 574
this act.575