As Reported by the Senate Education Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 190

Representative Hite 

Cosponsors: Representatives Bubp, Wagner, McGregor, J., Combs, Adams, Goodwin, Wagoner, Stebelton, Webster, Letson, Hottinger, Peterson, Latta, Huffman, Otterman, Okey, Setzer, Dyer, Patton, Lundy, Luckie, Garrison, Evans, Celeste, Heard, Collier, Schlichter, Brady, Aslanides, Bacon, Bolon, Boyd, Budish, Core, DeBose, Domenick, Fende, Fessler, Flowers, Gibbs, Goyal, Hagan, J., Harwood, Healy, Hughes, Koziura, Mallory, Mandel, Oelslager, Sayre, Schindel, Stewart, D., Sykes, Szollosi, Williams, B., Yuko, Zehringer 

Senators Roberts, Morano, Sawyer, Jacobson, Mumper, Padgett 

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A BILL

To amend sections 109.57, 121.40, 3301.0710,

1

3301.0711, 3314.03, 3314.19, 3319.089, 3319.291,

2

3319.31, 3319.39, 3321.01, 3326.11, 3326.23, and

3

3327.10 and to enact section 3319.391 of the

4

Revised Code and to amend Section 8 of Am. Sub.

5

S.B. 311 of the 126th General Assembly to specify

6

administration dates for the elementary

7

achievement tests, to allow public schools to

8

charge tuition for all-day kindergarten, to

9

require the Department of Education to conduct a

10

survey of the fees charged by school districts, to

11

revise the requirements regarding criminal

12

records checks of school employees, to require

13

the Educator Standards Board to recommend a code

14

of conduct for educators, to require the

15

Department of Education to recommend penalties

16

for failure to report educator misconduct, to

17

permit the State Board of Education to revoke an

18

expired license, to permit waivers from the

19

minimum number of school days in the 2006-2007

20

school year for certain joint vocational school

21

districts that experienced delays in a

22

state-assisted construction project, to extend the

23

deadline for the commission studying student

24

success with the Ohio Core curriculum to issue

25

its recommendations, to alter the membership of

26

the Ohio Community Service Council, and to

27

declare an emergency.

28

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

Section 1. That sections 109.57, 121.40, 3301.0710,	29
3301.0711, 3314.03, 3314.19, 3319.089, 3319.291, 3319.31, 3319.39,	30
3321.01, 3326.11, 3326.23, and 3327.10 be amended and section	31
3319.391 of the Revised Code be enacted to read as follows:	32

Sec. 109.57.  (A)(1) The superintendent of the bureau of	33
criminal identification and investigation shall procure from	34
wherever procurable and file for record photographs, pictures,	35
descriptions, fingerprints, measurements, and other information	36
that may be pertinent of all persons who have been convicted of	37
committing within this state a felony, any crime constituting a	38
misdemeanor on the first offense and a felony on subsequent	39
offenses, or any misdemeanor described in division (A)(1)(a) or	40
(A)(10)(a) of section 109.572 of the Revised Code, of all children	41
under eighteen years of age who have been adjudicated delinquent	42
children for committing within this state an act that would be a	43
felony or an offense of violence if committed by an adult or who	44
have been convicted of or pleaded guilty to committing within this	45
state a felony or an offense of violence, and of all well-known	46
and habitual criminals. The person in charge of any county,	47
multicounty, municipal, municipal-county, or multicounty-municipal	48
jail or workhouse, community-based correctional facility, halfway	49
house, alternative residential facility, or state correctional	50
institution and the person in charge of any state institution	51
having custody of a person suspected of having committed a felony,	52
any crime constituting a misdemeanor on the first offense and a	53
felony on subsequent offenses, or any misdemeanor described in	54
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	55
Code or having custody of a child under eighteen years of age with	56
respect to whom there is probable cause to believe that the child	57
may have committed an act that would be a felony or an offense of	58
violence if committed by an adult shall furnish such material to	59
the superintendent of the bureau. Fingerprints, photographs, or	60
other descriptive information of a child who is under eighteen	61
years of age, has not been arrested or otherwise taken into	62
custody for committing an act that would be a felony or an offense	63
of violence if committed by an adult, has not been adjudicated a	64
delinquent child for committing an act that would be a felony or	65
an offense of violence if committed by an adult, has not been	66
convicted of or pleaded guilty to committing a felony or an	67
offense of violence, and is not a child with respect to whom there	68
is probable cause to believe that the child may have committed an	69
act that would be a felony or an offense of violence if committed	70
by an adult shall not be procured by the superintendent or	71
furnished by any person in charge of any county, multicounty,	72
municipal, municipal-county, or multicounty-municipal jail or	73
workhouse, community-based correctional facility, halfway house,	74
alternative residential facility, or state correctional	75
institution, except as authorized in section 2151.313 of the	76
Revised Code.	77

(2) Every clerk of a court of record in this state, other	78
than the supreme court or a court of appeals, shall send to the	79
superintendent of the bureau a weekly report containing a summary	80
of each case involving a felony, involving any crime constituting	81
a misdemeanor on the first offense and a felony on subsequent	82
offenses, involving a misdemeanor described in division (A)(1)(a)	83
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	84
an adjudication in a case in which a child under eighteen years of	85
age was alleged to be a delinquent child for committing an act	86
that would be a felony or an offense of violence if committed by	87
an adult. The clerk of the court of common pleas shall include in	88
the report and summary the clerk sends under this division all	89
information described in divisions (A)(2)(a) to (f) of this	90
section regarding a case before the court of appeals that is	91
served by that clerk. The summary shall be written on the standard	92
forms furnished by the superintendent pursuant to division (B) of	93
this section and shall include the following information:	94

(a) The incident tracking number contained on the standard	95
forms furnished by the superintendent pursuant to division (B) of	96
this section;	97

(b) The style and number of the case;

98

(c) The date of arrest;

99

(d) The date that the person was convicted of or pleaded	100
guilty to the offense, adjudicated a delinquent child for	101
committing the act that would be a felony or an offense of	102
violence if committed by an adult, found not guilty of the	103
offense, or found not to be a delinquent child for committing an	104
act that would be a felony or an offense of violence if committed	105
by an adult, the date of an entry dismissing the charge, an entry	106
declaring a mistrial of the offense in which the person is	107
discharged, an entry finding that the person or child is not	108
competent to stand trial, or an entry of a nolle prosequi, or the	109
date of any other determination that constitutes final resolution	110
of the case;	111

(e) A statement of the original charge with the section of	112
the Revised Code that was alleged to be violated;	113

(f) If the person or child was convicted, pleaded guilty, or	114
was adjudicated a delinquent child, the sentence or terms of	115
probation imposed or any other disposition of the offender or the	116
delinquent child.	117

If the offense involved the disarming of a law enforcement	118
officer or an attempt to disarm a law enforcement officer, the	119
clerk shall clearly state that fact in the summary, and the	120
superintendent shall ensure that a clear statement of that fact is	121
placed in the bureau's records.	122

(3) The superintendent shall cooperate with and assist	123
sheriffs, chiefs of police, and other law enforcement officers in	124
the establishment of a complete system of criminal identification	125
and in obtaining fingerprints and other means of identification of	126
all persons arrested on a charge of a felony, any crime	127
constituting a misdemeanor on the first offense and a felony on	128
subsequent offenses, or a misdemeanor described in division	129
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	130
of all children under eighteen years of age arrested or otherwise	131
taken into custody for committing an act that would be a felony or	132
an offense of violence if committed by an adult. The	133
superintendent also shall file for record the fingerprint	134
impressions of all persons confined in a county, multicounty,	135
municipal, municipal-county, or multicounty-municipal jail or	136
workhouse, community-based correctional facility, halfway house,	137
alternative residential facility, or state correctional	138
institution for the violation of state laws and of all children	139
under eighteen years of age who are confined in a county,	140
multicounty, municipal, municipal-county, or multicounty-municipal	141
jail or workhouse, community-based correctional facility, halfway	142
house, alternative residential facility, or state correctional	143
institution or in any facility for delinquent children for	144
committing an act that would be a felony or an offense of violence	145
if committed by an adult, and any other information that the	146
superintendent may receive from law enforcement officials of the	147
state and its political subdivisions.	148

(4) The superintendent shall carry out Chapter 2950. of the	149
Revised Code with respect to the registration of persons who are	150
convicted of or plead guilty to a sexually oriented offense or a	151
child-victim oriented offense and with respect to all other duties	152
imposed on the bureau under that chapter.	153

(5) The bureau shall perform centralized recordkeeping	154
functions for criminal history records and services in this state	155
for purposes of the national crime prevention and privacy compact	156
set forth in section 109.571 of the Revised Code and is the	157
criminal history record repository as defined in that section for	158
purposes of that compact. The superintendent or the	159
superintendent's designee is the compact officer for purposes of	160
that compact and shall carry out the responsibilities of the	161
compact officer specified in that compact.	162

(B) The superintendent shall prepare and furnish to every	163
county, multicounty, municipal, municipal-county, or	164
multicounty-municipal jail or workhouse, community-based	165
correctional facility, halfway house, alternative residential	166
facility, or state correctional institution and to every clerk of	167
a court in this state specified in division (A)(2) of this section	168
standard forms for reporting the information required under	169
division (A) of this section. The standard forms that the	170
superintendent prepares pursuant to this division may be in a	171
tangible format, in an electronic format, or in both tangible	172
formats and electronic formats.	173

(C)(1) The superintendent may operate a center for	174
electronic, automated, or other data processing for the storage	175
and retrieval of information, data, and statistics pertaining to	176
criminals and to children under eighteen years of age who are	177
adjudicated delinquent children for committing an act that would	178
be a felony or an offense of violence if committed by an adult,	179
criminal activity, crime prevention, law enforcement, and criminal	180
justice, and may establish and operate a statewide communications	181
network to gather and disseminate information, data, and	182
statistics for the use of law enforcement agencies and for other	183
uses specified in this division. The superintendent may gather,	184
store, retrieve, and disseminate information, data, and statistics	185
that pertain to children who are under eighteen years of age and	186
that are gathered pursuant to sections 109.57 to 109.61 of the	187
Revised Code together with information, data, and statistics that	188
pertain to adults and that are gathered pursuant to those	189
sections.	190

(2) The superintendent or the superintendent's designee shall	191
gather information of the nature described in division (C)(1) of	192
this section that pertains to the offense and delinquency history	193
of a person who has been convicted of, pleaded guilty to, or been	194
adjudicated a delinquent child for committing a sexually oriented	195
offense or a child-victim oriented offense for inclusion in the	196
state registry of sex offenders and child-victim offenders	197
maintained pursuant to division (A)(1) of section 2950.13 of the	198
Revised Code and in the internet database operated pursuant to	199
division (A)(13) of that section and for possible inclusion in the	200
internet database operated pursuant to division (A)(11) of that	201
section.	202

(3) In addition to any other authorized use of information,	203
data, and statistics of the nature described in division (C)(1)	204
of this section, the superintendent or the superintendent's	205
designee may provide and exchange the information, data, and	206
statistics pursuant to the national crime prevention and privacy	207
compact as described in division (A)(5) of this section.	208

(D) The information and materials furnished to the	209
superintendent pursuant to division (A) of this section and	210
information and materials furnished to any board or person under	211
division (F) or (G) of this section are not public records under	212
section 149.43 of the Revised Code. The superintendent or the	213
superintendent's designee shall gather and retain information so	214
furnished under division (A) of this section that pertains to the	215
offense and delinquency history of a person who has been convicted	216
of, pleaded guilty to, or been adjudicated a delinquent child for	217
committing a sexually oriented offense or a child-victim oriented	218
offense for the purposes described in division (C)(2) of this	219
section.	220

(E) The attorney general shall adopt rules, in accordance	221
with Chapter 119. of the Revised Code, setting forth the procedure	222
by which a person may receive or release information gathered by	223
the superintendent pursuant to division (A) of this section. A	224
reasonable fee may be charged for this service. If a temporary	225
employment service submits a request for a determination of	226
whether a person the service plans to refer to an employment	227
position has been convicted of or pleaded guilty to an offense	228
listed in division (A)(1), (3), (4), (5), or (6) of section	229
109.572 of the Revised Code, the request shall be treated as a	230
single request and only one fee shall be charged.	231

(F)(1) As used in division (F)(2) of this section, "head	232
start agency" means an entity in this state that has been approved	233
to be an agency for purposes of subchapter II of the "Community	234
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	235
as amended.	236

(2)(a) In addition to or in conjunction with any request that	237
is required to be made under section 109.572, 2151.86, 3301.32,	238
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	239
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	240
Code, the board of education of any school district; the director	241
of mental retardation and developmental disabilities; any county	242
board of mental retardation and developmental disabilities; any	243
entity under contract with a county board of mental retardation	244
and developmental disabilities; the chief administrator of any	245
chartered nonpublic school; the chief administrator of any home	246
health agency; the chief administrator of or person operating any	247
child day-care center, type A family day-care home, or type B	248
family day-care home licensed or certified under Chapter 5104. of	249
the Revised Code; the administrator of any type C family day-care	250
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	251
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	252
general assembly; the chief administrator of any head start	253
agency; or the executive director of a public children services	254
agency; or an employer described in division (A)(2) of section	255
3319.391 or division (J)(2) of section 3327.10 of the Revised Code	256
may request that the superintendent of the bureau investigate and	257
determine, with respect to any individual who has applied for	258
employment in any position after October 2, 1989, or any	259
individual wishing to apply for employment with a board of	260
education may request, with regard to the individual, whether the	261
bureau has any information gathered under division (A) of this	262
section that pertains to that individual. On receipt of the	263
request, the superintendent shall determine whether that	264
information exists and, upon request of the person, board, or	265
entity requesting information, also shall request from the federal	266
bureau of investigation any criminal records it has pertaining to	267
that individual. The superintendent or the superintendent's	268
designee also may request criminal history records from other	269
states or the federal government pursuant to the national crime	270
prevention and privacy compact set forth in section 109.571 of the	271
Revised Code. Within thirty days of the date that the	272
superintendent receives a request, the superintendent shall send	273
to the board, entity, or person a report of any information that	274
the superintendent determines exists, including information	275
contained in records that have been sealed under section 2953.32	276
of the Revised Code, and, within thirty days of its receipt, shall	277
send the board, entity, or person a report of any information	278
received from the federal bureau of investigation, other than	279
information the dissemination of which is prohibited by federal	280
law.	281

(b) When a board of education is required to receive	282
information under this section as a prerequisite to employment of	283
an individual pursuant to section 3319.39 of the Revised Code, it	284
may accept a certified copy of records that were issued by the	285
bureau of criminal identification and investigation and that are	286
presented by an individual applying for employment with the	287
district in lieu of requesting that information itself. In such a	288
case, the board shall accept the certified copy issued by the	289
bureau in order to make a photocopy of it for that individual's	290
employment application documents and shall return the certified	291
copy to the individual. In a case of that nature, a district only	292
shall accept a certified copy of records of that nature within one	293
year after the date of their issuance by the bureau.	294

(3) The state board of education may request, with respect to	295
any individual who has applied for employment after October 2,	296
1989, in any position with the state board or the department of	297
education, any information that a school district board of	298
education is authorized to request under division (F)(2) of this	299
section, and the superintendent of the bureau shall proceed as if	300
the request has been received from a school district board of	301
education under division (F)(2) of this section.	302

(4) When the superintendent of the bureau receives a request	303
for information under section 3319.291 of the Revised Code, the	304
superintendent shall proceed as if the request has been received	305
from a school district board of education under division (F)(2) of	306
this section.	307

(5) When a recipient of a classroom reading improvement grant	308
paid under section 3301.86 of the Revised Code requests, with	309
respect to any individual who applies to participate in providing	310
any program or service funded in whole or in part by the grant,	311
the information that a school district board of education is	312
authorized to request under division (F)(2)(a) of this section,	313
the superintendent of the bureau shall proceed as if the request	314
has been received from a school district board of education under	315
division (F)(2)(a) of this section.	316

(G) In addition to or in conjunction with any request that is	317
required to be made under section 3701.881, 3712.09, 3721.121, or	318
3722.151 of the Revised Code with respect to an individual who has	319
applied for employment in a position that involves providing	320
direct care to an older adult, the chief administrator of a home	321
health agency, hospice care program, home licensed under Chapter	322
3721. of the Revised Code, adult day-care program operated	323
pursuant to rules adopted under section 3721.04 of the Revised	324
Code, or adult care facility may request that the superintendent	325
of the bureau investigate and determine, with respect to any	326
individual who has applied after January 27, 1997, for employment	327
in a position that does not involve providing direct care to an	328
older adult, whether the bureau has any information gathered under	329
division (A) of this section that pertains to that individual.	330

In addition to or in conjunction with any request that is	331
required to be made under section 173.27 of the Revised Code with	332
respect to an individual who has applied for employment in a	333
position that involves providing ombudsperson services to	334
residents of long-term care facilities or recipients of	335
community-based long-term care services, the state long-term care	336
ombudsperson, ombudsperson's designee, or director of health may	337
request that the superintendent investigate and determine, with	338
respect to any individual who has applied for employment in a	339
position that does not involve providing such ombudsperson	340
services, whether the bureau has any information gathered under	341
division (A) of this section that pertains to that applicant.	342

In addition to or in conjunction with any request that is	343
required to be made under section 173.394 of the Revised Code with	344
respect to an individual who has applied for employment in a	345
position that involves providing direct care to an individual, the	346
chief administrator of a community-based long-term care agency may	347
request that the superintendent investigate and determine, with	348
respect to any individual who has applied for employment in a	349
position that does not involve providing direct care, whether the	350
bureau has any information gathered under division (A) of this	351
section that pertains to that applicant.	352

On receipt of a request under this division, the	353
superintendent shall determine whether that information exists	354
and, on request of the individual requesting information, shall	355
also request from the federal bureau of investigation any criminal	356
records it has pertaining to the applicant. The superintendent or	357
the superintendent's designee also may request criminal history	358
records from other states or the federal government pursuant to	359
the national crime prevention and privacy compact set forth in	360
section 109.571 of the Revised Code. Within thirty days of the	361
date a request is received, the superintendent shall send to the	362
requester a report of any information determined to exist,	363
including information contained in records that have been sealed	364
under section 2953.32 of the Revised Code, and, within thirty days	365
of its receipt, shall send the requester a report of any	366
information received from the federal bureau of investigation,	367
other than information the dissemination of which is prohibited by	368
federal law.	369

(H) Information obtained by a government entity or person	370
under this section is confidential and shall not be released or	371
disseminated.	372

(I) The superintendent may charge a reasonable fee for	373
providing information or criminal records under division (F)(2) or	374
(G) of this section.	375

(J) As used in this section, "sexually oriented offense" and	376
"child-victim oriented offense" have the same meanings as in	377
section 2950.01 of the Revised Code.	378

Sec. 121.40.  (A) There is hereby created the Ohio community	379
service council consisting of twenty-one members including the	380
superintendent of public instruction or the superintendent's	381
designee, the chancellor of the Ohio board of regents or the	382
chancellor's designee, the director of natural resources or the	383
director's designee, the director of youth services or the	384
director's designee, the director of aging or the director's	385
designee, the director of job and family services or the	386
director's designee, the chairperson of the committee of the house	387
of representatives dealing with education or the chairperson's	388
designee, the chairperson of the committee of the senate dealing	389
with education or the chairperson's designee, and thirteenfifteen	390
members who shall be appointed by the governor with the advice and	391
consent of the senate and who shall serve terms of office of three	392
years. The appointees shall include educators, including teachers	393
and administrators; representatives of youth organizations;	394
students and parents; representatives of organizations engaged in	395
volunteer program development and management throughout the state,	396
including youth and conservation programs; and representatives of	397
business, government, nonprofit organizations, social service	398
agencies, veterans organizations, religious organizations, or	399
philanthropies that support or encourage volunteerism within the	400
state. Members of the council shall receive no compensation, but	401
shall be reimbursed for actual and necessary expenses incurred in	402
the performance of their official duties.	403

(B) The council shall appoint an executive director for the	404
council, who shall be in the unclassified civil service. The	405
executive director shall supervise the council's activities and	406
report to the council on the progress of those activities. The	407
executive director shall do all things necessary for the efficient	408
and effective implementation of the duties of the council.	409

The responsibilities assigned to the executive director do	410
not relieve the members of the council from final responsibility	411
for the proper performance of the requirements of this section.	412

(C) The council or its designee shall do all of the	413
following:	414

(1) Employ, promote, supervise, and remove all employees as	415
needed in connection with the performance of its duties under this	416
section and may assign duties to those employees as necessary to	417
achieve the most efficient performance of its functions, and to	418
that end may establish, change, or abolish positions, and assign	419
and reassign duties and responsibilities of any employee of the	420
council. Personnel employed by the council who are subject to	421
Chapter 4117. of the Revised Code shall retain all of their rights	422
and benefits conferred pursuant to that chapter. Nothing in this	423
chapter shall be construed as eliminating or interfering with	424
Chapter 4117. of the Revised Code or the rights and benefits	425
conferred under that chapter to public employees or to any	426
bargaining unit.	427

(2) Maintain its office in Columbus, and may hold sessions at	428
any place within the state;	429

(3) Acquire facilities, equipment, and supplies necessary to	430
house the council, its employees, and files and records under its	431
control, and to discharge any duty imposed upon it by law. The	432
expense of these acquisitions shall be audited and paid for in the	433
same manner as other state expenses. For that purpose, the council	434
shall prepare and submit to the office of budget and management a	435
budget for each biennium according to sections 101.532 and 107.03	436
of the Revised Code. The budget submitted shall cover the costs of	437
the council and its staff in the discharge of any duty imposed	438
upon the council by law. The council shall not delegate any	439
authority to obligate funds.	440

(4) Pay its own payroll and other operating expenses from	441
line items designated by the general assembly;	442

(5) Retain its fiduciary responsibility as appointing	443
authority. Any transaction instructions shall be certified by the	444
appointing authority or its designee.	445

(6) Establish the overall policy and management of the	446
council in accordance with this chapter;	447

(7) Assist in coordinating and preparing the state	448
application for funds under sections 101 to 184 of the "National	449
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	450
U.S.C.A. 12411 to 12544, as amended, assist in administering and	451
overseeing the "National and Community Service Trust Act of 1993,"	452
P.L. 103-82, 107 Stat. 785, and the americorps program in this	453
state, and assist in developing objectives for a comprehensive	454
strategy to encourage and expand community service programs	455
throughout the state;	456

(8) Assist the state board of education, school districts,	457
the chancellor of the board of regents, and institutions of higher	458
education in coordinating community service education programs	459
through cooperative efforts between institutions and organizations	460
in the public and private sectors;	461

(9) Assist the departments of natural resources, youth	462
services, aging, and job and family services in coordinating	463
community service programs through cooperative efforts between	464
institutions and organizations in the public and private sectors;	465

(10) Suggest individuals and organizations that are available	466
to assist school districts, institutions of higher education, and	467
the departments of natural resources, youth services, aging, and	468
job and family services in the establishment of community service	469
programs and assist in investigating sources of funding for	470
implementing these programs;	471

(11) Assist in evaluating the state's efforts in providing	472
community service programs using standards and methods that are	473
consistent with any statewide objectives for these programs and	474
provide information to the state board of education, school	475
districts, the chancellor of the board of regents, institutions of	476
higher education, and the departments of natural resources, youth	477
services, aging, and job and family services to guide them in	478
making decisions about these programs;	479

(12) Assist the state board of education in complying with	480
section 3301.70 of the Revised Code and the chancellor of the	481
board of regents in complying with division (B)(2) of section	482
3333.043 of the Revised Code;	483

(13) Advise, assist, consult with, and cooperate with, by	484
contract or otherwise, agencies and political subdivisions of this	485
state in establishing a statewide system for volunteers pursuant	486
to section 121.404 of the Revised Code.	487

(D) The department of aging shall serve as the council's	488
fiscal agent. Beginning on July 1, 1997, whenever reference is	489
made in any law, contract, or document to the functions of the	490
department of youth services as fiscal agent to the council, the	491
reference shall be deemed to refer to the department of aging. The	492
department of aging shall have no responsibility for or obligation	493
to the council prior to July 1, 1997. Any validation, cure, right,	494
privilege, remedy, obligation, or liability shall be retained by	495
the council.	496

As used in this section, "fiscal agent" means technical	497
support and includes the following technical support services:	498

(1) Preparing and processing payroll and other personnel	499
documents that the council executes as the appointing authority.	500
The department of aging shall not approve any payroll or other	501
personnel-related documents.	502

(2) Maintaining ledgers of accounts and reports of account	503
balances, and monitoring budgets and allotment plans in	504
consultation with the council. The department shall not approve	505
any biennial budget, grant, expenditure, audit, or fiscal-related	506
document.	507

(3) Performing other routine support services that the	508
director of aging or the director's designee and the council or	509
its designee consider appropriate to achieve efficiency.	510

(E)(1) The council or its designee has the following	511
authority and responsibility relative to fiscal matters:	512

(a) Sole authority to draw funds for any and all federal	513
programs in which the council is authorized to participate;	514

(b) Sole authority to expend funds from their accounts for	515
programs and any other necessary expenses the council may incur	516
and its subgrantees may incur;	517

(c) Responsibility to cooperate with and inform the	518
department of aging as fiscal agent to ensure that the department	519
is fully apprised of all financial transactions.	520

(2) The council shall follow all state procurement	521
requirements.	522

(3) The department of aging shall determine fees to be	523
charged to the council, which shall be in proportion to the	524
services performed for the council.	525

(4) The council shall pay fees owed to the department of	526
aging from a general revenue fund of the council or from any other	527
fund from which the operating expenses of the council are paid.	528
Any amounts set aside for a fiscal year for the payment of these	529
fees shall be used only for the services performed for the council	530
by the department of aging in that fiscal year.	531

(F) The council may accept and administer grants from any	532
source, public or private, to carry out any of the council's	533
functions this section establishes.	534

Sec. 3301.0710.  The state board of education shall adopt	535
rules establishing a statewide program to test student	536
achievement. The state board shall ensure that all tests	537
administered under the testing program are aligned with the	538
academic standards and model curricula adopted by the state board	539
and are created with input from Ohio parents, Ohio classroom	540
teachers, Ohio school administrators, and other Ohio school	541
personnel pursuant to section 3301.079 of the Revised Code.	542

The testing program shall be designed to ensure that students	543
who receive a high school diploma demonstrate at least high school	544
levels of achievement in reading, writing, mathematics, science,	545
and social studies.	546

(A)(1) The state board shall prescribe all of the following:

547

(a) Two statewide achievement tests, one each designed to	548
measure the level of reading and mathematics skill expected at the	549
end of third grade;	550

(b) Three statewide achievement tests, one each designed to	551
measure the level of reading, writing, and mathematics skill	552
expected at the end of fourth grade;	553

(c) Four statewide achievement tests, one each designed to	554
measure the level of reading, mathematics, science, and social	555
studies skill expected at the end of fifth grade;	556

(d) Two statewide achievement tests, one each designed to	557
measure the level of reading and mathematics skill expected at the	558
end of sixth grade;	559

(e) Three statewide achievement tests, one each designed to	560
measure the level of reading, writing, and mathematics skill	561
expected at the end of seventh grade;	562

(f) Four statewide achievement tests, one each designed to	563
measure the level of reading, mathematics, science, and social	564
studies skill expected at the end of eighth grade.	565

(2) The state board shall determine and designate at least	566
five ranges of scores on each of the achievement tests described	567
in divisions (A)(1) and (B) of this section. Each range of scores	568
shall be deemed to demonstrate a level of achievement so that any	569
student attaining a score within such range has achieved one of	570
the following:	571

(a) An advanced level of skill;

572

(b) An accelerated level of skill;

573

(c) A proficient level of skill;

574

(d) A basic level of skill;

575

(e) A limited level of skill.

576

(B) The tests prescribed under this division shall	577
collectively be known as the Ohio graduation tests. The state	578
board shall prescribe five statewide high school achievement	579
tests, one each designed to measure the level of reading, writing,	580
mathematics, science, and social studies skill expected at the end	581
of tenth grade. The state board shall designate a score in at	582
least the range designated under division (A)(2)(c) of this	583
section on each such test that shall be deemed to be a passing	584
score on the test as a condition toward granting high school	585
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	586
of the Revised Code.	587

The state board may enter into a reciprocal agreement with	588
the appropriate body or agency of any other state that has similar	589
statewide achievement testing requirements for receiving high	590
school diplomas, under which any student who has met an	591
achievement testing requirement of one state is recognized as	592
having met the similar achievement testing requirement of the	593
other state for purposes of receiving a high school diploma. For	594
purposes of this section and sections 3301.0711 and 3313.61 of the	595
Revised Code, any student enrolled in any public high school in	596
this state who has met an achievement testing requirement	597
specified in a reciprocal agreement entered into under this	598
division shall be deemed to have attained at least the applicable	599
score designated under this division on each test required by this	600
division that is specified in the agreement.	601

(C) Except as provided in division (H) of this section, the	602
state board shall annually designate as follows the dates on which	603
the tests prescribed under this section shall be administered:	604

(1) For the reading test prescribed under division (A)(1)(a)	605
of this section, as follows:	606

(a) One date prior to the thirty-first day of December each	607
school year;	608

(b) At least one date of each school year that is not earlier	609
than Monday of the week containing the firsttwenty-fourth day of	610
MayApril.	611

(2) For the mathematics test prescribed under division	612
(A)(1)(a) of this section and the tests prescribed under divisions	613
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	614
date of each school year that is not earlier than Monday of the	615
week containing the firsttwenty-fourth day of MayApril;	616

(3) For the tests prescribed under division (B) of this	617
section, at least one date in each school year that is not earlier	618
than Monday of the week containing the fifteenth day of March for	619
all tenth grade students and at least one date prior to the	620
thirty-first day of December and at least one date subsequent to	621
that date but prior to the thirty-first day of March of each	622
school year for eleventh and twelfth grade students.	623

(D) In prescribing test dates pursuant to division (C)(3) of	624
this section, the state board shall, to the greatest extent	625
practicable, provide options to school districts in the case of	626
tests administered under that division to eleventh and twelfth	627
grade students and in the case of tests administered to students	628
pursuant to division (C)(2) of section 3301.0711 of the Revised	629
Code. Such options shall include at least an opportunity for	630
school districts to give such tests outside of regular school	631
hours.	632

(E) In prescribing test dates pursuant to this section, the	633
state board of education shall designate the dates in such a way	634
as to allow a reasonable length of time between the administration	635
of tests prescribed under this section and any administration of	636
the National Assessment of Education Progress Test given to	637
students in the same grade level pursuant to section 3301.27 of	638
the Revised Code or federal law.	639

(F) The state board shall prescribe a practice version of	640
each Ohio graduation test described in division (B) of this	641
section that is of comparable length to the actual test.	642

(G) Any committee established by the department of education	643
for the purpose of making recommendations to the state board	644
regarding the state board's designation of scores on the tests	645
described by this section shall inform the state board of the	646
probable percentage of students who would score in each of the	647
ranges established under division (A)(2) of this section on the	648
tests if the committee's recommendations are adopted by the state	649
board. To the extent possible, these percentages shall be	650
disaggregated by gender, major racial and ethnic groups, limited	651
English proficient students, economically disadvantaged students,	652
students with disabilities, and migrant students.	653

If the state board intends to make any change to the	654
committee's recommendations, the state board shall explain the	655
intended change to the Ohio accountability task force established	656
by section 3302.021 of the Revised Code. The task force shall	657
recommend whether the state board should proceed to adopt the	658
intended change. Nothing in this division shall require the state	659
board to designate test scores based upon the recommendations of	660
the task force.	661

(H)(1) The state board shall require any alternate assessment	662
administered to a student under division (C)(1) of section	663
3301.0711 of the Revised Code to be completed and submitted to the	664
entity with which the department contracts for the scoring of the	665
test not later than the first day of April of the school year in	666
which the test is administered.	667

(2) For any test prescribed by this section, the state board	668
may designate a date one week earlier than the applicable date	669
designated under division (C) of this section for the	670
administration of the test to limited English proficient students.	671

(3) In designating days for the administration of the tests	672
prescribed by division (A) of this section, the state board shall	673
require the tests for each grade level to be administered on	674
consecutive daysover a period of two weeks.	675

Sec. 3301.0711.  (A) The department of education shall:

676

(1) Annually furnish to, grade, and score all tests required	677
by section 3301.0710 of the Revised Code to be administered by	678
city, local, exempted village, and joint vocational school	679
districts, except that each district shall score any test	680
administered pursuant to division (B)(10) of this section. Each	681
test so furnished shall include the data verification code of the	682
student to whom the test will be administered, as assigned	683
pursuant to division (D)(2) of section 3301.0714 of the Revised	684
Code. In furnishing the practice versions of Ohio graduation tests	685
prescribed by division (F) of section 3301.0710 of the Revised	686
Code, the department shall make the tests available on its web	687
site for reproduction by districts. In awarding contracts for	688
grading tests, the department shall give preference to Ohio-based	689
entities employing Ohio residents.	690

(2) Adopt rules for the ethical use of tests and prescribing	691
the manner in which the tests prescribed by section 3301.0710 of	692
the Revised Code shall be administered to students.	693

(B) Except as provided in divisions (C) and (J) of this	694
section, the board of education of each city, local, and exempted	695
village school district shall, in accordance with rules adopted	696
under division (A) of this section:	697

(1) Administer the reading test prescribed under division	698
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	699
to all students in the third grade who have not attained the score	700
designated for that test under division (A)(2)(c) of section	701
3301.0710 of the Revised Code.	702

(2) Administer the mathematics test prescribed under division	703
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	704
annually to all students in the third grade.	705

(3) Administer the tests prescribed under division (A)(1)(b)	706
of section 3301.0710 of the Revised Code at least once annually to	707
all students in the fourth grade.	708

(4) Administer the tests prescribed under division (A)(1)(c)	709
of section 3301.0710 of the Revised Code at least once annually to	710
all students in the fifth grade.	711

(5) Administer the tests prescribed under division (A)(1)(d)	712
of section 3301.0710 of the Revised Code at least once annually to	713
all students in the sixth grade.	714

(6) Administer the tests prescribed under division (A)(1)(e)	715
of section 3301.0710 of the Revised Code at least once annually to	716
all students in the seventh grade.	717

(7) Administer the tests prescribed under division (A)(1)(f)	718
of section 3301.0710 of the Revised Code at least once annually to	719
all students in the eighth grade.	720

(8) Except as provided in division (B)(9) of this section,	721
administer any test prescribed under division (B) of section	722
3301.0710 of the Revised Code as follows:	723

(a) At least once annually to all tenth grade students and at	724
least twice annually to all students in eleventh or twelfth grade	725
who have not yet attained the score on that test designated under	726
that division;	727

(b) To any person who has successfully completed the	728
curriculum in any high school or the individualized education	729
program developed for the person by any high school pursuant to	730
section 3323.08 of the Revised Code but has not received a high	731
school diploma and who requests to take such test, at any time	732
such test is administered in the district.	733

(9) In lieu of the board of education of any city, local, or	734
exempted village school district in which the student is also	735
enrolled, the board of a joint vocational school district shall	736
administer any test prescribed under division (B) of section	737
3301.0710 of the Revised Code at least twice annually to any	738
student enrolled in the joint vocational school district who has	739
not yet attained the score on that test designated under that	740
division. A board of a joint vocational school district may also	741
administer such a test to any student described in division	742
(B)(8)(b) of this section.	743

(10) If the district has been declared to be under an	744
academic watch or in a state of academic emergency pursuant to	745
section 3302.03 of the Revised Code or has a three-year average	746
graduation rate of not more than seventy-five per cent, administer	747
each test prescribed by division (F) of section 3301.0710 of the	748
Revised Code in September to all ninth grade students, beginning	749
in the school year that starts July 1, 2005.	750

(C)(1)(a) Any student receiving special education services	751
under Chapter 3323. of the Revised Code may be excused from taking	752
any particular test required to be administered under this section	753
if the individualized education program developed for the student	754
pursuant to section 3323.08 of the Revised Code excuses the	755
student from taking that test and instead specifies an alternate	756
assessment method approved by the department of education as	757
conforming to requirements of federal law for receipt of federal	758
funds for disadvantaged pupils. To the extent possible, the	759
individualized education program shall not excuse the student from	760
taking a test unless no reasonable accommodation can be made to	761
enable the student to take the test.	762

(b) Any alternate assessment approved by the department for a	763
student under this division shall produce measurable results	764
comparable to those produced by the tests which the alternate	765
assessments are replacing in order to allow for the student's	766
assessment results to be included in the data compiled for a	767
school district or building under section 3302.03 of the Revised	768
Code.	769

(c) Any student enrolled in a chartered nonpublic school who	770
has been identified, based on an evaluation conducted in	771
accordance with section 3323.03 of the Revised Code or section 504	772
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	773
794, as amended, as a child with a disability shall be excused	774
from taking any particular test required to be administered under	775
this section if a plan developed for the student pursuant to rules	776
adopted by the state board excuses the student from taking that	777
test. In the case of any student so excused from taking a test,	778
the chartered nonpublic school shall not prohibit the student from	779
taking the test.	780

(2) A district board may, for medical reasons or other good	781
cause, excuse a student from taking a test administered under this	782
section on the date scheduled, but any such test shall be	783
administered to such excused student not later than nine days	784
following the scheduled date. The board shall annually report the	785
number of students who have not taken one or more of the tests	786
required by this section to the state board of education not later	787
than the thirtieth day of June.	788

(3) As used in this division, "limited English proficient	789
student" has the same meaning as in 20 U.S.C. 7801.	790

No school district board shall excuse any limited English	791
proficient student from taking any particular test required to be	792
administered under this section, except that any limited English	793
proficient student who has been enrolled in United States schools	794
for less than one full school year shall not be required to take	795
any such reading or writing test. However, no board shall prohibit	796
a limited English proficient student who is not required to take a	797
test under this division from taking the test. A board may permit	798
any limited English proficient student to take any test required	799
to be administered under this section with appropriate	800
accommodations, as determined by the department. For each limited	801
English proficient student, each school district shall annually	802
assess that student's progress in learning English, in accordance	803
with procedures approved by the department.	804

The governing authority of a chartered nonpublic school may	805
excuse a limited English proficient student from taking any test	806
administered under this section. However, no governing authority	807
shall prohibit a limited English proficient student from taking	808
the test.	809

(D)(1) In the school year next succeeding the school year in	810
which the tests prescribed by division (A)(1) or (B) of section	811
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	812
or (B) of section 3301.0710 of the Revised Code as it existed	813
prior to September 11, 2001, are administered to any student, the	814
board of education of any school district in which the student is	815
enrolled in that year shall provide to the student intervention	816
services commensurate with the student's test performance,	817
including any intensive intervention required under section	818
3313.608 of the Revised Code, in any skill in which the student	819
failed to demonstrate at least a score at the proficient level on	820
the test.	821

(2) Following any administration of the tests prescribed by	822
division (F) of section 3301.0710 of the Revised Code to ninth	823
grade students, each school district that has a three-year average	824
graduation rate of not more than seventy-five per cent shall	825
determine for each high school in the district whether the school	826
shall be required to provide intervention services to any students	827
who took the tests. In determining which high schools shall	828
provide intervention services based on the resources available,	829
the district shall consider each school's graduation rate and	830
scores on the practice tests. The district also shall consider the	831
scores received by ninth grade students on the reading and	832
mathematics tests prescribed under division (A)(1)(f) of section	833
3301.0710 of the Revised Code in the eighth grade in determining	834
which high schools shall provide intervention services.	835

Each high school selected to provide intervention services	836
under this division shall provide intervention services to any	837
student whose test results indicate that the student is failing to	838
make satisfactory progress toward being able to attain scores at	839
the proficient level on the Ohio graduation tests. Intervention	840
services shall be provided in any skill in which a student	841
demonstrates unsatisfactory progress and shall be commensurate	842
with the student's test performance. Schools shall provide the	843
intervention services prior to the end of the school year, during	844
the summer following the ninth grade, in the next succeeding	845
school year, or at any combination of those times.	846

(E) Except as provided in section 3313.608 of the Revised	847
Code and division (M) of this section, no school district board of	848
education shall utilize any student's failure to attain a	849
specified score on any test administered under this section as a	850
factor in any decision to deny the student promotion to a higher	851
grade level. However, a district board may choose not to promote	852
to the next grade level any student who does not take any test	853
administered under this section or make up such test as provided	854
by division (C)(2) of this section and who is not exempt from the	855
requirement to take the test under division (C)(3) of this	856
section.	857

(F) No person shall be charged a fee for taking any test	858
administered under this section.	859

(G)(1) Each school district board shall designate one	860
location for the collection of tests administered in the spring	861
under division (B)(1) of this section and the tests administered	862
under divisions (B)(2) to (7) of this section. Each district board	863
shall submit the tests to the entity with which the department	864
contracts for the scoring of the tests as follows:	865

(a) If the district's total enrollment in grades kindergarten	866
through twelve during the first full school week of October was	867
less than two thousand five hundred, not later than the Friday	868
after all of the tests arehave been administered;	869

(b) If the district's total enrollment in grades kindergarten	870
through twelve during the first full school week of October was	871
two thousand five hundred or more, but less than seven thousand,	872
not later than the Monday after all of the tests arehave been	873
administered;	874

(c) If the district's total enrollment in grades kindergarten	875
through twelve during the first full school week of October was	876
seven thousand or more, not later than the Tuesday after all of	877
the tests arehave been administered.	878

However, any such test that a student takes during the	879
make-up period described in division (C)(2) of this section shall	880
be submitted not later than the Friday following the day the	881
student takes the test.	882

(2) The department or an entity with which the department	883
contracts for the scoring of the test shall send to each school	884
district board a list of the individual test scores of all persons	885
taking any test prescribed by division (A)(1) or (B) of section	886
3301.0710 of the Revised Code within sixty days after its	887
administration, but in no case shall the scores be returned later	888
than the fifteenth day of June following the administration. For	889
any tests administered under this section by a joint vocational	890
school district, the department or entity shall also send to each	891
city, local, or exempted village school district a list of the	892
individual test scores of any students of such city, local, or	893
exempted village school district who are attending school in the	894
joint vocational school district.	895

(H) Individual test scores on any tests administered under	896
this section shall be released by a district board only in	897
accordance with section 3319.321 of the Revised Code and the rules	898
adopted under division (A) of this section. No district board or	899
its employees shall utilize individual or aggregate test results	900
in any manner that conflicts with rules for the ethical use of	901
tests adopted pursuant to division (A) of this section.	902

(I) Except as provided in division (G) of this section, the	903
department or an entity with which the department contracts for	904
the scoring of the test shall not release any individual test	905
scores on any test administered under this section. The state	906
board of education shall adopt rules to ensure the protection of	907
student confidentiality at all times. The rules may require the	908
use of the data verification codes assigned to students pursuant	909
to division (D)(2) of section 3301.0714 of the Revised Code to	910
protect the confidentiality of student test scores.	911

(J) Notwithstanding division (D) of section 3311.52 of the	912
Revised Code, this section does not apply to the board of	913
education of any cooperative education school district except as	914
provided under rules adopted pursuant to this division.	915

(1) In accordance with rules that the state board of	916
education shall adopt, the board of education of any city,	917
exempted village, or local school district with territory in a	918
cooperative education school district established pursuant to	919
divisions (A) to (C) of section 3311.52 of the Revised Code may	920
enter into an agreement with the board of education of the	921
cooperative education school district for administering any test	922
prescribed under this section to students of the city, exempted	923
village, or local school district who are attending school in the	924
cooperative education school district.	925

(2) In accordance with rules that the state board of	926
education shall adopt, the board of education of any city,	927
exempted village, or local school district with territory in a	928
cooperative education school district established pursuant to	929
section 3311.521 of the Revised Code shall enter into an agreement	930
with the cooperative district that provides for the administration	931
of any test prescribed under this section to both of the	932
following:	933

(a) Students who are attending school in the cooperative	934
district and who, if the cooperative district were not	935
established, would be entitled to attend school in the city,	936
local, or exempted village school district pursuant to section	937
3313.64 or 3313.65 of the Revised Code;	938

(b) Persons described in division (B)(8)(b) of this section.

939

Any testing of students pursuant to such an agreement shall	940
be in lieu of any testing of such students or persons pursuant to	941
this section.	942

(K)(1) Any chartered nonpublic school may participate in the	943
testing program by administering any of the tests prescribed by	944
section 3301.0710 or 3301.0712 of the Revised Code if the chief	945
administrator of the school specifies which tests the school	946
wishes to administer. Such specification shall be made in writing	947
to the superintendent of public instruction prior to the first day	948
of August of any school year in which tests are administered and	949
shall include a pledge that the nonpublic school will administer	950
the specified tests in the same manner as public schools are	951
required to do under this section and rules adopted by the	952
department.	953

(2) The department of education shall furnish the tests	954
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	955
to any chartered nonpublic school electing to participate under	956
this division.	957

(L)(1) The superintendent of the state school for the blind	958
and the superintendent of the state school for the deaf shall	959
administer the tests described by section 3301.0710 of the Revised	960
Code. Each superintendent shall administer the tests in the same	961
manner as district boards are required to do under this section	962
and rules adopted by the department of education and in conformity	963
with division (C)(1)(a) of this section.	964

(2) The department of education shall furnish the tests	965
described by section 3301.0710 of the Revised Code to each	966
superintendent.	967

(M) Notwithstanding division (E) of this section, a school	968
district may use a student's failure to attain a score in at least	969
the basic range on the mathematics test described by division	970
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	971
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	972
of section 3301.0710 of the Revised Code as a factor in retaining	973
that student in the current grade level.	974

(N)(1) In the manner specified in divisions (N)(3) to (5) of	975
this section, the tests required by section 3301.0710 of the	976
Revised Code shall become public records pursuant to section	977
149.43 of the Revised Code on the first day of July following the	978
school year that the test was administered.	979

(2) The department may field test proposed test questions	980
with samples of students to determine the validity, reliability,	981
or appropriateness of test questions for possible inclusion in a	982
future year's test. The department also may use anchor questions	983
on tests to ensure that different versions of the same test are of	984
comparable difficulty.	985

Field test questions and anchor questions shall not be	986
considered in computing test scores for individual students. Field	987
test questions and anchor questions may be included as part of the	988
administration of any test required by section 3301.0710 of the	989
Revised Code.	990

(3) Any field test question or anchor question administered	991
under division (N)(2) of this section shall not be a public	992
record. Such field test questions and anchor questions shall be	993
redacted from any tests which are released as a public record	994
pursuant to division (N)(1) of this section.	995

(4) This division applies to the tests prescribed by division	996
(A) of section 3301.0710 of the Revised Code.	997

(a) The first administration of each test, as specified in	998
section 3301.0712 of the Revised Code, shall be a public record.	999

(b) For subsequent administrations of each test, not less	1000
than forty per cent of the questions on the test that are used to	1001
compute a student's score shall be a public record. The department	1002
shall determine which questions will be needed for reuse on a	1003
future test and those questions shall not be public records and	1004
shall be redacted from the test prior to its release as a public	1005
record. However, for each redacted question, the department shall	1006
inform each city, local, and exempted village school district of	1007
the statewide academic standard adopted by the state board of	1008
education under section 3301.079 of the Revised Code and the	1009
corresponding benchmark to which the question relates. The	1010
preceding sentence does not apply to field test questions that are	1011
redacted under division (N)(3) of this section.	1012

(5) Each test prescribed by division (B) of section 3301.0710	1013
of the Revised Code that is administered in the spring shall be a	1014
public record. Each test prescribed by that division that is	1015
administered in the fall or summer shall not be a public record.	1016

(O) As used in this section:

1017

(1) "Three-year average" means the average of the most recent	1018
consecutive three school years of data.	1019

(2) "Dropout" means a student who withdraws from school	1020
before completing course requirements for graduation and who is	1021
not enrolled in an education program approved by the state board	1022
of education or an education program outside the state. "Dropout"	1023
does not include a student who has departed the country.	1024

(3) "Graduation rate" means the ratio of students receiving a	1025
diploma to the number of students who entered ninth grade four	1026
years earlier. Students who transfer into the district are added	1027
to the calculation. Students who transfer out of the district for	1028
reasons other than dropout are subtracted from the calculation. If	1029
a student who was a dropout in any previous year returns to the	1030
same school district, that student shall be entered into the	1031
calculation as if the student had entered ninth grade four years	1032
before the graduation year of the graduating class that the	1033
student joins.	1034

Sec. 3314.03.  A copy of every contract entered into under	1035
this section shall be filed with the superintendent of public	1036
instruction.	1037

(A) Each contract entered into between a sponsor and the	1038
governing authority of a community school shall specify the	1039
following:	1040

(1) That the school shall be established as either of the	1041
following:	1042

(a) A nonprofit corporation established under Chapter 1702.	1043
of the Revised Code, if established prior to April 8, 2003;	1044

(b) A public benefit corporation established under Chapter	1045
1702. of the Revised Code, if established after April 8, 2003;	1046

(2) The education program of the school, including the	1047
school's mission, the characteristics of the students the school	1048
is expected to attract, the ages and grades of students, and the	1049
focus of the curriculum;	1050

(3) The academic goals to be achieved and the method of	1051
measurement that will be used to determine progress toward those	1052
goals, which shall include the statewide achievement tests;	1053

(4) Performance standards by which the success of the school	1054
will be evaluated by the sponsor;	1055

(5) The admission standards of section 3314.06 of the Revised	1056
Code and, if applicable, section 3314.061 of the Revised Code;	1057

(6)(a) Dismissal procedures;

1058

(b) A requirement that the governing authority adopt an	1059
attendance policy that includes a procedure for automatically	1060
withdrawing a student from the school if the student without a	1061
legitimate excuse fails to participate in one hundred five	1062
consecutive hours of the learning opportunities offered to the	1063
student.	1064

(7) The ways by which the school will achieve racial and	1065
ethnic balance reflective of the community it serves;	1066

(8) Requirements for financial audits by the auditor of	1067
state. The contract shall require financial records of the school	1068
to be maintained in the same manner as are financial records of	1069
school districts, pursuant to rules of the auditor of state, and	1070
the audits shall be conducted in accordance with section 117.10 of	1071
the Revised Code.	1072

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

1073

(10) Qualifications of teachers, including a requirement that	1074
the school's classroom teachers be licensed in accordance with	1075
sections 3319.22 to 3319.31 of the Revised Code, except that a	1076
community school may engage noncertificated persons to teach up to	1077
twelve hours per week pursuant to section 3319.301 of the Revised	1078
Code;	1079

(11) That the school will comply with the following	1080
requirements:	1081

(a) The school will provide learning opportunities to a	1082
minimum of twenty-five students for a minimum of nine hundred	1083
twenty hours per school year;	1084

(b) The governing authority will purchase liability	1085
insurance, or otherwise provide for the potential liability of the	1086
school;	1087

(c) The school will be nonsectarian in its programs,	1088
admission policies, employment practices, and all other	1089
operations, and will not be operated by a sectarian school or	1090
religious institution;	1091

(d) The school will comply with sections 9.90, 9.91, 109.65,	1092
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	1093
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	1094
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	1095
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	1096
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	1097
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	1098
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	1099
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	1100
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	1101
and 4167. of the Revised Code as if it were a school district and	1102
will comply with section 3301.0714 of the Revised Code in the	1103
manner specified in section 3314.17 of the Revised Code;	1104

(e) The school shall comply with Chapter 102. and section	1105
2921.42 of the Revised Code;	1106

(f) The school will comply with sections 3313.61, 3313.611,	1107
and 3313.614 of the Revised Code, except that for students who	1108
enter ninth grade for the first time before July 1, 2010, the	1109
requirement in sections 3313.61 and 3313.611 of the Revised Code	1110
that a person must successfully complete the curriculum in any	1111
high school prior to receiving a high school diploma may be met by	1112
completing the curriculum adopted by the governing authority of	1113
the community school rather than the curriculum specified in Title	1114
XXXIII of the Revised Code or any rules of the state board of	1115
education. Beginning with students who enter ninth grade for the	1116
first time on or after July 1, 2010, the requirement in sections	1117
3313.61 and 3313.611 of the Revised Code that a person must	1118
successfully complete the curriculum of a high school prior to	1119
receiving a high school diploma shall be met by completing the	1120
Ohio core curriculum prescribed in division (C) of section	1121
3313.603 of the Revised Code, unless the person qualifies under	1122
division (D) or (F) of that section. Each school shall comply with	1123
the plan for awarding high school credit based on demonstration of	1124
subject area competency, adopted by the state board of education	1125
under division (J) of section 3313.603 of the Revised Code.	1126

(g) The school governing authority will submit within four	1127
months after the end of each school year a report of its	1128
activities and progress in meeting the goals and standards of	1129
divisions (A)(3) and (4) of this section and its financial status	1130
to the sponsor and the parents of all students enrolled in the	1131
school.	1132

(h) The school, unless it is an internet- or computer-based	1133
community school, will comply with section 3313.801 of the Revised	1134
Code as if it were a school district.	1135

(12) Arrangements for providing health and other benefits to	1136
employees;	1137

(13) The length of the contract, which shall begin at the	1138
beginning of an academic year. No contract shall exceed five years	1139
unless such contract has been renewed pursuant to division (E) of	1140
this section.	1141

(14) The governing authority of the school, which shall be	1142
responsible for carrying out the provisions of the contract;	1143

(15) A financial plan detailing an estimated school budget	1144
for each year of the period of the contract and specifying the	1145
total estimated per pupil expenditure amount for each such year.	1146
The plan shall specify for each year the base formula amount that	1147
will be used for purposes of funding calculations under section	1148
3314.08 of the Revised Code. This base formula amount for any year	1149
shall not exceed the formula amount defined under section 3317.02	1150
of the Revised Code. The plan may also specify for any year a	1151
percentage figure to be used for reducing the per pupil amount of	1152
the subsidy calculated pursuant to section 3317.029 of the Revised	1153
Code the school is to receive that year under section 3314.08 of	1154
the Revised Code.	1155

(16) Requirements and procedures regarding the disposition of	1156
employees of the school in the event the contract is terminated or	1157
not renewed pursuant to section 3314.07 of the Revised Code;	1158

(17) Whether the school is to be created by converting all or	1159
part of an existing public school or is to be a new start-up	1160
school, and if it is a converted public school, specification of	1161
any duties or responsibilities of an employer that the board of	1162
education that operated the school before conversion is delegating	1163
to the governing board of the community school with respect to all	1164
or any specified group of employees provided the delegation is not	1165
prohibited by a collective bargaining agreement applicable to such	1166
employees;	1167

(18) Provisions establishing procedures for resolving	1168
disputes or differences of opinion between the sponsor and the	1169
governing authority of the community school;	1170

(19) A provision requiring the governing authority to adopt a	1171
policy regarding the admission of students who reside outside the	1172
district in which the school is located. That policy shall comply	1173
with the admissions procedures specified in sections 3314.06 and	1174
3314.061 of the Revised Code and, at the sole discretion of the	1175
authority, shall do one of the following:	1176

(a) Prohibit the enrollment of students who reside outside	1177
the district in which the school is located;	1178

(b) Permit the enrollment of students who reside in districts	1179
adjacent to the district in which the school is located;	1180

(c) Permit the enrollment of students who reside in any other	1181
district in the state.	1182

(20) A provision recognizing the authority of the department	1183
of education to take over the sponsorship of the school in	1184
accordance with the provisions of division (C) of section 3314.015	1185
of the Revised Code;	1186

(21) A provision recognizing the sponsor's authority to	1187
assume the operation of a school under the conditions specified in	1188
division (B) of section 3314.073 of the Revised Code;	1189

(22) A provision recognizing both of the following:

1190

(a) The authority of public health and safety officials to	1191
inspect the facilities of the school and to order the facilities	1192
closed if those officials find that the facilities are not in	1193
compliance with health and safety laws and regulations;	1194

(b) The authority of the department of education as the	1195
community school oversight body to suspend the operation of the	1196
school under section 3314.072 of the Revised Code if the	1197
department has evidence of conditions or violations of law at the	1198
school that pose an imminent danger to the health and safety of	1199
the school's students and employees and the sponsor refuses to	1200
take such action;	1201

(23) A description of the learning opportunities that will be	1202
offered to students including both classroom-based and	1203
non-classroom-based learning opportunities that is in compliance	1204
with criteria for student participation established by the	1205
department under division (L)(2) of section 3314.08 of the Revised	1206
Code;	1207

(24) The school will comply with section 3302.04 of the	1208
Revised Code, including division (E) of that section to the extent	1209
possible, except that any action required to be taken by a school	1210
district pursuant to that section shall be taken by the sponsor of	1211
the school. However, the sponsor shall not be required to take any	1212
action described in division (F) of that section.	1213

(25) Beginning in the 2006-2007 school year, the school will	1214
open for operation not later than the thirtieth day of September	1215
each school year, unless the mission of the school as specified	1216
under division (A)(2) of this section is solely to serve dropouts.	1217
In its initial year of operation, if the school fails to open by	1218
the thirtieth day of September, or within one year after the	1219
adoption of the contract pursuant to division (D) of section	1220
3314.02 of the Revised Code if the mission of the school is solely	1221
to serve dropouts, the contract shall be void.	1222

(B) The community school shall also submit to the sponsor a	1223
comprehensive plan for the school. The plan shall specify the	1224
following:	1225

(1) The process by which the governing authority of the	1226
school will be selected in the future;	1227

(2) The management and administration of the school;

1228

(3) If the community school is a currently existing public	1229
school, alternative arrangements for current public school	1230
students who choose not to attend the school and teachers who	1231
choose not to teach in the school after conversion;	1232

(4) The instructional program and educational philosophy of	1233
the school;	1234

(5) Internal financial controls.

1235

(C) A contract entered into under section 3314.02 of the	1236
Revised Code between a sponsor and the governing authority of a	1237
community school may provide for the community school governing	1238
authority to make payments to the sponsor, which is hereby	1239
authorized to receive such payments as set forth in the contract	1240
between the governing authority and the sponsor. The total amount	1241
of such payments for oversight and monitoring of the school shall	1242
not exceed three per cent of the total amount of payments for	1243
operating expenses that the school receives from the state.	1244

(D) The contract shall specify the duties of the sponsor	1245
which shall be in accordance with the written agreement entered	1246
into with the department of education under division (B) of	1247
section 3314.015 of the Revised Code and shall include the	1248
following:	1249

(1) Monitor the community school's compliance with all laws	1250
applicable to the school and with the terms of the contract;	1251

(2) Monitor and evaluate the academic and fiscal performance	1252
and the organization and operation of the community school on at	1253
least an annual basis;	1254

(3) Report on an annual basis the results of the evaluation	1255
conducted under division (D)(2) of this section to the department	1256
of education and to the parents of students enrolled in the	1257
community school;	1258

(4) Provide technical assistance to the community school in	1259
complying with laws applicable to the school and terms of the	1260
contract;	1261

(5) Take steps to intervene in the school's operation to	1262
correct problems in the school's overall performance, declare the	1263
school to be on probationary status pursuant to section 3314.073	1264
of the Revised Code, suspend the operation of the school pursuant	1265
to section 3314.072 of the Revised Code, or terminate the contract	1266
of the school pursuant to section 3314.07 of the Revised Code as	1267
determined necessary by the sponsor;	1268

(6) Have in place a plan of action to be undertaken in the	1269
event the community school experiences financial difficulties or	1270
closes prior to the end of a school year.	1271

(E) Upon the expiration of a contract entered into under this	1272
section, the sponsor of a community school may, with the approval	1273
of the governing authority of the school, renew that contract for	1274
a period of time determined by the sponsor, but not ending earlier	1275
than the end of any school year, if the sponsor finds that the	1276
school's compliance with applicable laws and terms of the contract	1277
and the school's progress in meeting the academic goals prescribed	1278
in the contract have been satisfactory. Any contract that is	1279
renewed under this division remains subject to the provisions of	1280
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	1281

(F) If a community school fails to open for operation within	1282
one year after the contract entered into under this section is	1283
adopted pursuant to division (D) of section 3314.02 of the Revised	1284
Code or permanently closes prior to the expiration of the	1285
contract, the contract shall be void and the school shall not	1286
enter into a contract with any other sponsor. A school shall not	1287
be considered permanently closed because the operations of the	1288
school have been suspended pursuant to section 3314.072 of the	1289
Revised Code. Any contract that becomes void under this division	1290
shall not count toward any statewide limit on the number of such	1291
contracts prescribed by section 3314.013 of the Revised Code.	1292

Sec. 3314.19.  The sponsor of each community school annually	1293
shall provide the following assurances in writing to the	1294
department of education not later than ten business days prior to	1295
the opening of the school:	1296

(A) That a current copy of the contract between the sponsor	1297
and the governing authority of the school entered into under	1298
section 3314.03 of the Revised Code has been filed with the state	1299
office of community schools established under section 3314.11 of	1300
the Revised Code and that any subsequent modifications to that	1301
contract will be filed with the office;	1302

(B) That the school has submitted to the sponsor a plan for	1303
providing special education and related services to students with	1304
disabilities and has demonstrated the capacity to provide those	1305
services in accordance with Chapter 3323. of the Revised Code and	1306
federal law;	1307

(C) That the school has a plan and procedures for	1308
administering the achievement tests and diagnostic assessments	1309
prescribed by sections 3301.0710 and 3301.0715 of the Revised	1310
Code;	1311

(D) That school personnel have the necessary training,	1312
knowledge, and resources to properly use and submit information to	1313
all databases maintained by the department for the collection of	1314
education data, including the education management information	1315
system established under section 3301.0714 of the Revised Code in	1316
accordance with methods and timelines established under section	1317
3314.17 of the Revised Code;	1318

(E) That all required information about the school has been	1319
submitted to the Ohio education directory system or any successor	1320
system;	1321

(F) That the school will enroll at least the minimum number	1322
of students required by division (A)(11)(a) of section 3314.03 of	1323
the Revised Code in the school year for which the assurances are	1324
provided;	1325

(G) That all classroom teachers are licensed in accordance	1326
with sections 3319.22 to 3319.31 of the Revised Code, except for	1327
noncertificated persons engaged to teach up to twelve hours per	1328
week pursuant to section 3319.301 of the Revised Code;	1329

(H) That the school's fiscal officer is in compliance with	1330
section 3314.011 of the Revised Code;	1331

(I) That the school has complied with section 3319.39 of the	1332
Revised Code with respect to all employees who are responsible for	1333
the care, custody, or control of a child and that the school has	1334
conducted a criminal records check of each of its governing	1335
authority members;	1336

(J) That the school holds all of the following:

1337

(1) Proof of property ownership or a lease for the facilities	1338
used by the school;	1339

(2) A certificate of occupancy;

1340

(3) Liability insurance for the school, as required by	1341
division (A)(11)(b) of section 3314.03 of the Revised Code, that	1342
the sponsor considers sufficient to indemnify the school's	1343
facilities, staff, and governing authority against risk;	1344

(4) A satisfactory health and safety inspection;

1345

(5) A satisfactory fire inspection;

1346

(6) A valid food permit, if applicable.

1347

(K) That the sponsor has conducted a pre-opening site visit	1348
to the school for the school year for which the assurances are	1349
provided;	1350

(L) That the school has designated a date it will open for	1351
the school year for which the assurances are provided that is in	1352
compliance with division (A)(25) of section 3314.03 of the Revised	1353
Code;	1354

(M) That the school has met all of the sponsor's requirements	1355
for opening and any other requirements of the sponsor.	1356

Sec. 3319.089.  The board of education of any city, local, or	1357
exempted village school district may adopt a resolution approving	1358
a contract with a county department of job and family services	1359
under section 5107.541 of the Revised Code to provide for a	1360
participant of the work experience program who has a child	1361
enrolled in a public school in that district to fulfill the work	1362
requirements of the work experience program by volunteering or	1363
working in that public school in accordance with section 5107.541	1364
of the Revised Code. Such recipients are not employees of such	1365
board of education.	1366

Before a school district places a participant in a public	1367
school under this section, the appointing officer or hiring	1368
officer of the board of education of a school district shall	1369
request a criminal records check of the participant to be	1370
conducted in the same manner as required for a person responsible	1371
for the care, custody, or control of a child in accordance with	1372
under section 3319.39 of the Revised Code,. The records check	1373
shall be conducted even though the participant, if subsequently	1374
hired, would not be considered an employee of the school district	1375
for purposes of working at the school. A participant shall not be	1376
placed in a school if the participant previously has been	1377
convicted of or pleaded guilty to any of the offenses listed in	1378
division (B)(1)(a) or (b) of section 3319.39 of the Revised Code.	1379

Sec. 3319.291.  (A) The state board of education shall	1380
require each of the following persons, at the times prescribed by	1381
division (A) of this section, to submit two complete sets of	1382
fingerprints and written permission that authorizes the	1383
superintendent of public instruction to forward the fingerprints	1384
to the bureau of criminal identification and investigation	1385
pursuant to division (F) of section 109.57 of the Revised Code and	1386
that authorizes that bureau to forward the fingerprints to the	1387
federal bureau of investigation for purposes of obtaining any	1388
criminal records that the federal bureau maintains on the person:	1389

(1) Any person initially applying for any certificate,	1390
license, or permit described in this chapter or in division (B) of	1391
section 3301.071 or in section 3301.074 of the Revised Code at	1392
the time that application is made;	1393

(2) Any person applying for renewal of any certificate,	1394
license, or permit described in division (A)(1) of this section at	1395
the time that application is made;	1396

(3) Any person who is teaching under a professional teaching	1397
certificate issued under former section 3319.22 or under section	1398
3319.222 of the Revised Code upon a date prescribed by the state	1399
board that is not later than five years after the date that the	1400
certificate was issued or renewed;	1401

(4) Any person who is teaching under a permanent teaching	1402
certificate issued under former section 3319.22 or under section	1403
3319.222 of the Revised Code upon a date prescribed by the state	1404
board and every five years thereafter.	1405

(B) Except as provided in division (C) of this section, prior	1406
to issuing or renewing any certificate, license, or permit	1407
described in division (A)(1) or (2) of this section and in the	1408
case of a person required to submit fingerprints and written	1409
permission under division (A)(3) or (4) of this section, the state	1410
board or the superintendent of public instruction shall request	1411
the superintendent of the bureau of criminal identification and	1412
investigation to investigate and determine whether the bureau has	1413
any information, gathered pursuant to division (A) of section	1414
109.57 of the Revised Code, pertaining to any person submitting	1415
fingerprints and written permission under this section. If the	1416
person does not present proof that the person has been a resident	1417
of this state for the five-year period immediately prior to the	1418
date upon which the investigation described in this division is	1419
requested, or does not provide evidence that within that five-year	1420
period the superintendent of the bureau of criminal identification	1421
and investigation has requested information about the person from	1422
the federal bureau of investigation, the state board or the	1423
superintendent of public instruction shall request the	1424
superintendent of the bureau of criminal identification and	1425
investigation to obtain any criminal records that the federal	1426
bureau of investigation has on the person. If the person presents	1427
proof that the person has been a resident of this state for that	1428
five-year period, the state board or the superintendent of public	1429
instruction may request the superintendent of the bureau of	1430
criminal identification and investigationand to obtain any	1431
criminal records that the federal bureau of investigation has on	1432
the person.	1433

(C) The state board or the superintendent of public	1434
instruction may choose not to request any information required by	1435
division (B) of this section if the person applying for the	1436
issuance or renewal of a certificate, license, or permit described	1437
in division (A)(1) or (2) of this section or the person required	1438
to submit fingerprints and written permission under division	1439
(A)(3) or (4) of this section provides proof that a criminal	1440
records check was conducted on the person as a condition of	1441
employment pursuant to section 3319.39 of the Revised Code within	1442
the immediately preceding year. The state board or the	1443
superintendent of public instruction may accept a certified copy	1444
of records that were issued by the bureau of criminal	1445
identification and investigation and that are presented by a	1446
person applying for the issuance or renewal of a certificate,	1447
license, or permit described in this section in lieu of requesting	1448
that information under division (B) of this section if the records	1449
were issued by the bureau within the immediately preceding year.	1450

Sec. 3319.31.  (A) As used in this section and sections	1451
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	1452
means a certificate, license, or permit described in this chapter	1453
or in division (B) of section 3301.071 or in section 3301.074 of	1454
the Revised Code.	1455

(B) For any of the following reasons, the state board of	1456
education, in accordance with Chapter 119. and section 3319.311 of	1457
the Revised Code, may refuse to issue a license to an applicant, ;	1458
may limit a license it issues to an applicant, or; may suspend,	1459
revoke, or limit a license that has been issued to any person; or	1460
may revoke a license that has been issued to any person and has	1461
expired:	1462

(1) Engaging in an immoral act, incompetence, negligence, or	1463
conduct that is unbecoming to the applicant's or person's	1464
position;	1465

(2) A plea of guilty to, a finding of guilt by a jury or	1466
court of, or a conviction of any of the following:	1467

(a) A felony;

1468

(b) A violation of section 2907.04 or 2907.06 or division (A)	1469
or (B) of section 2907.07 of the Revised Code;	1470

(c) An offense of violence;

1471

(d) A theft offense, as defined in section 2913.01 of the	1472
Revised Code;	1473

(e) A drug abuse offense, as defined in section 2925.01 of	1474
the Revised Code, that is not a minor misdemeanor;	1475

(f) A violation of an ordinance of a municipal corporation	1476
that is substantively comparable to an offense listed in divisions	1477
(B)(2)(a) to (e) of this section.	1478

(C) The state board may take action under division (B) of	1479
this section on the basis of substantially comparable conduct	1480
occurring in a jurisdiction outside this state or occurring before	1481
a person applies for or receives any license.	1482

(D) The state board may adopt rules in accordance with	1483
Chapter 119. of the Revised Code to carry out this section and	1484
section 3319.311 of the Revised Code.	1485

Sec. 3319.39.  (A)(1) Except as provided in division	1486
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	1487
hiring officer of the board of education of a school district, the	1488
governing board of an educational service center, or of a	1489
chartered nonpublic school shall request the superintendent of the	1490
bureau of criminal identification and investigation to conduct a	1491
criminal records check with respect to any applicant who has	1492
applied to the school district, educational service center, or	1493
school for employment in any position as a person responsible for	1494
the care, custody, or control of a child. Except as provided in	1495
division (A)(1) of this section, if the applicant does not present	1496
proof that the applicant has been a resident of this state for the	1497
five-year period immediately prior to the date upon which the	1498
criminal records check is requested or does not provide evidence	1499
that within that five-year period the superintendent has requested	1500
information about the applicant from the federal bureau of	1501
investigation in a criminal records check, the appointing or	1502
hiring officer shall request that the superintendent obtain	1503
information from the federal bureau of investigation as a part of	1504
the criminal records check for the applicant. Except as provided	1505
in division (A)(1) of this section, if the applicant presents	1506
proof that the applicant has been a resident of this state for	1507
that five-year period, the appointing or hiring officer may	1508
request that the superintendent include information from the	1509
federal bureau of investigation in the criminal records check. In	1510
the case of an applicant who is applying to be employed as driver	1511
of a school bus or motor van, the. The appointing or hiring	1512
officer shall request that the superintendent include	1513
information from the federal bureau of investigation in the	1514
criminal records check.	1515

(2) A person required by division (A)(1) of this section to	1516
request a criminal records check shall provide to each applicant a	1517
copy of the form prescribed pursuant to division (C)(2) of section	1518
109.572 of the Revised Code, provide to each applicant a standard	1519
impression sheet to obtain fingerprint impressions prescribed	1520
pursuant to division (C)(2) of section 109.572 of the Revised	1521
Code, obtain the completed form and impression sheet from each	1522
applicant, and forward the completed form and impression sheet to	1523
the superintendent of the bureau of criminal identification and	1524
investigation at the time the person requests a criminal records	1525
check pursuant to division (A)(1) of this section.	1526

(3) An applicant who receives pursuant to division (A)(2) of	1527
this section a copy of the form prescribed pursuant to division	1528
(C)(1) of section 109.572 of the Revised Code and a copy of an	1529
impression sheet prescribed pursuant to division (C)(2) of that	1530
section and who is requested to complete the form and provide a	1531
set of fingerprint impressions shall complete the form or provide	1532
all the information necessary to complete the form and shall	1533
provide the impression sheet with the impressions of the	1534
applicant's fingerprints. If an applicant, upon request, fails to	1535
provide the information necessary to complete the form or fails to	1536
provide impressions of the applicant's fingerprints, the board of	1537
education of a school district, governing board of an educational	1538
service center, or governing authority of a chartered nonpublic	1539
school shall not employ that applicant for any position for which	1540
a criminal records check is required pursuant to division (A)(1)	1541
of this section.	1542

(B)(1) Except as provided in rules adopted by the department	1543
of education in accordance with division (E) of this section and	1544
as provided in division (B)(3) of this section, no board of	1545
education of a school district, no governing board of an	1546
educational service center, and no governing authority of a	1547
chartered nonpublic school shall employ a person as a person	1548
responsible for the care, custody, or control of a child if the	1549
person previously has been convicted of or pleaded guilty to any	1550
of the following:	1551

(a) A violation of section 2903.01, 2903.02, 2903.03,	1552
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1553
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1554
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1555
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1556
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1557
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1558
2925.06, or 3716.11 of the Revised Code, a violation of section	1559
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1560
violation of section 2919.23 of the Revised Code that would have	1561
been a violation of section 2905.04 of the Revised Code as it	1562
existed prior to July 1, 1996, had the violation been committed	1563
prior to that date, a violation of section 2925.11 of the Revised	1564
Code that is not a minor drug possession offense, or felonious	1565
sexual penetration in violation of former section 2907.12 of the	1566
Revised Code;	1567

(b) A violation of an existing or former law of this state,	1568
another state, or the United States that is substantially	1569
equivalent to any of the offenses or violations described in	1570
division (B)(1)(a) of this section.	1571

(2) A board, governing board of an educational service	1572
center, or a governing authority of a chartered nonpublic school	1573
may employ an applicant conditionally until the criminal records	1574
check required by this section is completed and the board or	1575
governing authority receives the results of the criminal records	1576
check. If the results of the criminal records check indicate that,	1577
pursuant to division (B)(1) of this section, the applicant does	1578
not qualify for employment, the board or governing authority shall	1579
release the applicant from employment.	1580

(3) No board and no governing authority of a chartered	1581
nonpublic school shall employ a teacher who previously has been	1582
convicted of or pleaded guilty to any of the offenses listed in	1583
section 3319.31 of the Revised Code.	1584

(C)(1) Each board and each governing authority of a chartered	1585
nonpublic school shall pay to the bureau of criminal	1586
identification and investigation the fee prescribed pursuant to	1587
division (C)(3) of section 109.572 of the Revised Code for each	1588
criminal records check conducted in accordance with that section	1589
upon the request pursuant to division (A)(1) of this section of	1590
the appointing or hiring officer of the board or governing	1591
authority.	1592

(2) A board and the governing authority of a chartered	1593
nonpublic school may charge an applicant a fee for the costs it	1594
incurs in obtaining a criminal records check under this section. A	1595
fee charged under this division shall not exceed the amount of	1596
fees the board or governing authority pays under division (C)(1)	1597
of this section. If a fee is charged under this division, the	1598
board or governing authority shall notify the applicant at the	1599
time of the applicant's initial application for employment of the	1600
amount of the fee and that, unless the fee is paid, the board or	1601
governing authority will not consider the applicant for	1602
employment.	1603

(D) The report of any criminal records check conducted by the	1604
bureau of criminal identification and investigation in accordance	1605
with section 109.572 of the Revised Code and pursuant to a request	1606
under division (A)(1) of this section is not a public record for	1607
the purposes of section 149.43 of the Revised Code and shall not	1608
be made available to any person other than the applicant who is	1609
the subject of the criminal records check or the applicant's	1610
representative, the board or governing authority requesting the	1611
criminal records check or its representative, and any court,	1612
hearing officer, or other necessary individual involved in a case	1613
dealing with the denial of employment to the applicant.	1614

(E) The department of education shall adopt rules pursuant to	1615
Chapter 119. of the Revised Code to implement this section,	1616
including rules specifying circumstances under which the board or	1617
governing authority may hire a person who has been convicted of an	1618
offense listed in division (B)(1) or (3) of this section but who	1619
meets standards in regard to rehabilitation set by the department.	1620

(F) Any person required by division (A)(1) of this section to	1621
request a criminal records check shall inform each person, at the	1622
time of the person's initial application for employment, of the	1623
requirement to provide a set of fingerprint impressions and that a	1624
criminal records check is required to be conducted and	1625
satisfactorily completed in accordance with section 109.572 of the	1626
Revised Code if the person comes under final consideration for	1627
appointment or employment as a precondition to employment for the	1628
school district, educational service center, or school for that	1629
position.	1630

(G) As used in this section:

1631

(1) "Applicant" means a person who is under final	1632
consideration for appointment or employment in a position with a	1633
board of education, governing board of an educational service	1634
center, or a chartered nonpublic school as a person responsible	1635
for the care, custody, or control of a child, except that	1636
"applicant" does not include a person already employed by a board	1637
or chartered nonpublic school in a position of care, custody, or	1638
control of a child who is under consideration for a different	1639
position with such board or school.	1640

(2) "Teacher" means a person holding an educator license or	1641
permit issued under section 3319.22 or 3319.301 of the Revised	1642
Code and teachers in a chartered nonpublic school.	1643

(3) "Criminal records check" has the same meaning as in	1644
section 109.572 of the Revised Code.	1645

(4) "Minor drug possession offense" has the same meaning as	1646
in section 2925.01 of the Revised Code.	1647

(H) If the board of education of a local school district	1648
adopts a resolution requesting the assistance of the educational	1649
service center in which the local district has territory in	1650
conducting criminal records checks of substitute teachers under	1651
this section, the appointing or hiring officer of such educational	1652
service center shall serve for purposes of this section as the	1653
appointing or hiring officer of the local board in the case of	1654
hiring substitute teachers for employment in the local district.	1655

Sec. 3319.391. (A)(1) This division applies to any person	1656
hired by a school district, educational service center, or	1657
chartered nonpublic school in any position that does not require	1658
a "license" issued by the state board of education, as defined in	1659
section 3319.31 of the Revised Code, and is not for the operation	1660
of a vehicle for pupil transportation.	1661

For each person to whom this division applies who is hired on	1662
or after the effective date of this section, the employer shall	1663
request a criminal records check in accordance with section	1664
3319.39 of the Revised Code and every five years thereafter. For	1665
each person to whom this division applies who is hired prior to	1666
that date, the employer shall request a criminal records check by	1667
a date prescribed by the department of education and every five	1668
years thereafter.	1669

(2) This division applies to any person hired to work in a	1670
school district, educational service center, or chartered	1671
nonpublic school, in any position that does not require a	1672
"license" issued by the state board of education, as defined in	1673
section 3319.31 of the Revised Code, and is not for the operation	1674
of a vehicle for pupil transportation, and who is employed by a	1675
private company under contract with the district, service center,	1676
or chartered nonpublic school to provide services.	1677

For each person to whom this division applies who is hired on	1678
or after the effective date of this section, the employer shall	1679
request a criminal records check prior to the person's hiring and	1680
every five years thereafter. For each person to whom this division	1681
applies who is hired prior to that date, the employer shall	1682
request a criminal records check by a date prescribed by the	1683
department and every five years thereafter.	1684

(B) Each request for a criminal records check under this	1685
section shall be made to the superintendent of the bureau of	1686
criminal identification and investigation in the manner prescribed	1687
in section 3319.39 of the Revised Code. Upon receipt of a request,	1688
the bureau shall conduct the criminal records check in accordance	1689
with section 109.572 of the Revised Code as if the request had	1690
been made under section 3319.39 of the Revised Code.	1691

(C) Any person who is the subject of a criminal records check	1692
under this section and has been convicted of or pleaded guilty to	1693
any offense described in division (B)(1) of section 3319.39 of the	1694
Revised Code shall not be hired or shall be released from	1695
employment, as applicable, unless the person meets the	1696
rehabilitation standards adopted by the department under division	1697
(E) of that section.	1698

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	1699
"guardian," or "other person having charge or care of a child"	1700
means either parent unless the parents are separated or divorced	1701
or their marriage has been dissolved or annulled, in which case	1702
"parent" means the parent who is the residential parent and legal	1703
custodian of the child. If the child is in the legal or permanent	1704
custody of a person or government agency, "parent" means that	1705
person or government agency. When a child is a resident of a home,	1706
as defined in section 3313.64 of the Revised Code, and the child's	1707
parent is not a resident of this state, "parent," "guardian," or	1708
"other person having charge or care of a child" means the head of	1709
the home.	1710

A child between six and eighteen years of age is "of	1711
compulsory school age" for the purpose of sections 3321.01 to	1712
3321.13 of the Revised Code. A child under six years of age who	1713
has been enrolled in kindergarten also shall be considered "of	1714
compulsory school age" for the purpose of sections 3321.01 to	1715
3321.13 of the Revised Code unless at any time the child's parent	1716
or guardian, at the parent's or guardian's discretion and in	1717
consultation with the child's teacher and principal, formally	1718
withdraws the child from kindergarten. The compulsory school age	1719
of a child shall not commence until the beginning of the term of	1720
such schools, or other time in the school year fixed by the rules	1721
of the board of the district in which the child resides.	1722

(2) No child shall be admitted to a kindergarten or a first	1723
grade of a public school in a district in which all children are	1724
admitted to kindergarten and the first grade in August or	1725
September unless the child is five or six years of age,	1726
respectively, by the thirtieth day of September of the year of	1727
admittance, or by the first day of a term or semester other than	1728
one beginning in August or September in school districts granting	1729
admittance at the beginning of such term or semester, except that	1730
in those school districts using or obtaining educationally	1731
accepted standardized testing programs for determining entrance,	1732
as approved by the board of education of such districts, the board	1733
shall admit a child to kindergarten or the first grade who fails	1734
to meet the age requirement, provided the child meets necessary	1735
standards as determined by such standardized testing programs. If	1736
the board of education has not established a standardized testing	1737
program, the board shall designate the necessary standards and a	1738
testing program it will accept for the purpose of admitting a	1739
child to kindergarten or first grade who fails to meet the age	1740
requirement. Each child who will be the proper age for entrance to	1741
kindergarten or first grade by the first day of January of the	1742
school year for which admission is requested shall be so tested	1743
upon the request of the child's parent.	1744

(3) Notwithstanding divisions (A)(2) and (D) of this section,	1745
beginning with the school year that starts in 2001 and continuing	1746
thereafter the board of education of any district may adopt a	1747
resolution establishing the first day of August in lieu of the	1748
thirtieth day of September as the required date by which students	1749
must have attained the age specified in those divisions.	1750

(B) As used in divisions (C) and (D) of this section,	1751
"successfully completed kindergarten" and "successful completion	1752
of kindergarten" mean that the child has completed the	1753
kindergarten requirements at one of the following:	1754

(1) A public or chartered nonpublic school;

1755

(2) A kindergarten class that is both of the following:

1756

(a) Offered by a day-care provider licensed under Chapter	1757
5104. of the Revised Code;	1758

(b) If offered after July 1, 1991, is directly taught by a	1759
teacher who holds one of the following:	1760

(i) A valid educator license issued under section 3319.22 of	1761
the Revised Code;	1762

(ii) A Montessori preprimary credential or age-appropriate	1763
diploma granted by the American Montessori society or the	1764
association Montessori internationale;	1765

(iii) Certification determined under division (G) of this	1766
section to be equivalent to that described in division	1767
(B)(2)(b)(ii) of this section;	1768

(iv) Certification for teachers in nontax-supported schools	1769
pursuant to section 3301.071 of the Revised Code.	1770

(C) Except as provided in division (D) of this section, no	1771
school district shall admit to the first grade any child who has	1772
not successfully completed kindergarten.	1773

(D) Upon request of a parent, the requirement of division (C)	1774
of this section may be waived by the district's pupil personnel	1775
services committee in the case of a child who is at least six	1776
years of age by the thirtieth day of September of the year of	1777
admittance and who demonstrates to the satisfaction of the	1778
committee the possession of the social, emotional, and cognitive	1779
skills necessary for first grade.	1780

The board of education of each city, local, and exempted	1781
village school district shall establish a pupil personnel services	1782
committee. The committee shall be composed of all of the following	1783
to the extent such personnel are either employed by the district	1784
or employed by the governing board of the educational service	1785
center within whose territory the district is located and the	1786
educational service center generally furnishes the services of	1787
such personnel to the district:	1788

(1) The director of pupil personnel services;

1789

(2) An elementary school counselor;

1790

(3) An elementary school principal;

1791

(4) A school psychologist;

1792

(5) A teacher assigned to teach first grade;

1793

(6) A gifted coordinator.

1794

The responsibilities of the pupil personnel services	1795
committee shall be limited to the issuing of waivers allowing	1796
admittance to the first grade without the successful completion of	1797
kindergarten. The committee shall have no other authority except	1798
as specified in this section.	1799

(E) The scheduling of times for kindergarten classes and	1800
length of the school day for kindergarten shall be determined by	1801
the board of education of a city, exempted village, or local	1802
school district.	1803

(F) Any kindergarten class offered by a day-care provider or	1804
school described by division (B)(1) or (B)(2)(a) of this section	1805
shall be developmentally appropriate.	1806

(G) Upon written request of a day-care provider described by	1807
division (B)(2)(a) of this section, the department of education	1808
shall determine whether certification held by a teacher employed	1809
by the provider meets the requirement of division (B)(2)(b)(iii)	1810
of this section and, if so, shall furnish the provider a statement	1811
to that effect.	1812

(H) As used in this division, "all-day kindergarten" has the	1813
same meaning as in section 3317.029 of the Revised Code.	1814

(1) Any school district that is not eligible to receive	1815
poverty-based assistance for all-day kindergarten under division	1816
(D) of section 3317.029 of the Revised Code may charge fees or	1817
tuition for students enrolled in all-day kindergarten. If a	1818
district charges fees or tuition for all-day kindergarten under	1819
this division, the district shall develop a sliding fee scale	1820
based on family incomes.	1821

(2) The department of education shall conduct an annual	1822
survey of each school district described in division (H)(1) of	1823
this section to determine the following:	1824

(a) Whether the district charges fees or tuition for students	1825
enrolled in all-day kindergarten;	1826

(b) The amount of the fees or tuition charged;

1827

(c) How many of the students for whom tuition is charged are	1828
eligible for free lunches under the "National School Lunch Act,"	1829
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	1830
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	1831
and how many of the students for whom tuition is charged are	1832
eligible for reduced price lunches under those acts;	1833

(d) How many students are enrolled in traditional half-day	1834
kindergarten rather than all-day kindergarten.	1835

Each district shall report to the department, in the manner	1836
prescribed by the department, the information described in	1837
divisions (H)(2)(a) to (d) of this section.	1838

The department shall issue an annual report on the results of	1839
the survey and shall post the report on its web site. The	1840
department shall issue the first report not later than April 30,	1841
2008, and shall issue a report not later than the thirtieth day of	1842
April each year thereafter.	1843

Sec. 3326.11. Each science, technology, engineering, and	1844
mathematics school established under this chapter and its	1845
governing body shall comply with sections 9.90, 9.91, 109.65,	1846
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	1847
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	1848
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	1849
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	1850
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	1851
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	1852
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	1853
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.313,	1854
3319.314, 3319.315, 3319.32, 3319.321, 3319.35, 3319.39,	1855
3319.391, 3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	1856
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	1857
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	1858
4112., 4123., 4141., and 4167. of the Revised Code as if it were	1859
a school district.	1860

Sec. 3326.23.  The governing body of each science,	1861
technology, engineering, and mathematics school annually shall	1862
provide the following assurances in writing to the department of	1863
education not later than ten business days prior to the opening	1864
of the school:	1865

(A) That the school has a plan for providing special	1866
education and related services to students with disabilities and	1867
has demonstrated the capacity to provide those services in	1868
accordance with Chapter 3323. of the Revised Code and federal	1869
law;	1870

(B) That the school has a plan and procedures for	1871
administering the achievement tests and diagnostic assessments	1872
prescribed by sections 3301.0710 and 3301.0715 of the Revised	1873
Code;	1874

(C) That school personnel have the necessary training,	1875
knowledge, and resources to properly use and submit information to	1876
all databases maintained by the department for the collection of	1877
education data, including the education management information	1878
system established under section 3301.0714 of the Revised Code;	1879

(D) That all required information about the school has been	1880
submitted to the Ohio education directory system or any successor	1881
system;	1882

(E) That all classroom teachers are licensed in accordance	1883
with sections 3319.22 to 3319.31 of the Revised Code or are	1884
engaged to teach pursuant to section 3319.301 of the Revised Code;	1885

(F) That the school's treasurer is in compliance with	1886
section 3326.21 of the Revised Code;	1887

(G) That the school has complied with section 3319.39 of the	1888
Revised Code with respect to all employees who are responsible for	1889
the care, custody, or control of a child and that the school has	1890
conducted a criminal records check of each of its governing body	1891
members;	1892

(H) That the school holds all of the following:

1893

(1) Proof of property ownership or a lease for the facilities	1894
used by the school;	1895

(2) A certificate of occupancy;

1896

(3) Liability insurance for the school, as required by	1897
section 3326.11 of the Revised Code;	1898

(4) A satisfactory health and safety inspection;

1899

(5) A satisfactory fire inspection;

1900

(6) A valid food permit, if applicable.

1901

(I) That the governing body has conducted a pre-opening site	1902
visit to the school for the school year for which the assurances	1903
are provided;	1904

(J) That the school has designated a date it will open for	1905
the school year for which the assurances are provided;	1906

(K) That the school has met all of the governing body's	1907
requirements for opening and any other requirements of the	1908
governing body.	1909

Sec. 3327.10.  (A) No person shall be employed as driver of a	1910
school bus or motor van, owned and operated by any school district	1911
or educational service center or privately owned and operated	1912
under contract with any school district or service center in this	1913
state, who has not received a certificate from the educational	1914
service center governing board in case such person is employed by	1915
a service center or by a local school district under the	1916
supervision of the service center governing board, or by the	1917
superintendent of schools, in case such person is employed by the	1918
board of a city or exempted village school district, certifying	1919
that such person is at least eighteen years of age and is of good	1920
moral character and is qualified physically and otherwise for such	1921
position. The service center governing board or the	1922
superintendent, as the case may be, shall provide for an annual	1923
physical examination that conforms with rules adopted by the state	1924
board of education of each driver to ascertain the driver's	1925
physical fitness for such employment. Any certificate may be	1926
revoked by the authority granting the same on proof that the	1927
holder has been guilty of failing to comply with division (D)(1)	1928
of this section, or upon a conviction or a guilty plea for a	1929
violation, or any other action, that results in a loss or	1930
suspension of driving rights. Failure to comply with such division	1931
may be cause for disciplinary action or termination of employment	1932
under division (C) of section 3319.081, or section 124.34 of the	1933
Revised Code.	1934

(B) No person shall be employed as driver of a school bus or	1935
motor van not subject to the rules of the department of education	1936
pursuant to division (A) of this section who has not received a	1937
certificate from the school administrator or contractor certifying	1938
that such person is at least eighteen years of age, is of good	1939
moral character, and is qualified physically and otherwise for	1940
such position. Each driver shall have an annual physical	1941
examination which conforms to the state highway patrol rules,	1942
ascertaining the driver's physical fitness for such employment.	1943
The examination shall be performed by one of the following:	1944

(1) A person licensed under Chapter 4731. of the Revised Code	1945
or by another state to practice medicine and surgery or	1946
osteopathic medicine and surgery;	1947

(2) A physician assistant;

1948

(3) A certified nurse practitioner;

1949

(4) A clinical nurse specialist;

1950

(5) A certified nurse-midwife.

1951

Any written documentation of the physical examination shall	1952
be completed by the individual who performed the examination.	1953

Any certificate may be revoked by the authority granting the	1954
same on proof that the holder has been guilty of failing to comply	1955
with division (D)(2) of this section.	1956

(C) Any person who drives a school bus or motor van must give	1957
satisfactory and sufficient bond except a driver who is an	1958
employee of a school district and who drives a bus or motor van	1959
owned by the school district.	1960

(D) No person employed as driver of a school bus or motor van	1961
under this section who is convicted of a traffic violation or who	1962
has had the person's commercial driver's license suspended shall	1963
drive a school bus or motor van until the person has filed a	1964
written notice of the conviction or suspension, as follows:	1965

(1) If the person is employed under division (A) of this	1966
section, the person shall file the notice with the superintendent,	1967
or a person designated by the superintendent, of the school	1968
district for which the person drives a school bus or motor van as	1969
an employee or drives a privately owned and operated school bus or	1970
motor van under contract.	1971

(2) If employed under division (B) of this section, the	1972
person shall file the notice with the employing school	1973
administrator or contractor, or a person designated by the	1974
administrator or contractor.	1975

(E) In addition to resulting in possible revocation of a	1976
certificate as authorized by divisions (A) and (B) of this	1977
section, violation of division (D) of this section is a minor	1978
misdemeanor.	1979

(F)(1) Not later than thirty days after June 30, 2007, each	1980
owner of a school bus or motor van shall obtain the complete	1981
driving record for each person who is currently employed or	1982
otherwise authorized to drive the school bus or motor van. An	1983
owner of a school bus or motor van shall not permit a person to	1984
operate the school bus or motor van for the first time before the	1985
owner has obtained the person's complete driving record.	1986
Thereafter, the owner of a school bus or motor van shall obtain	1987
the person's driving record not less frequently than semiannually	1988
if the person remains employed or otherwise authorized to drive	1989
the school bus or motor van. An owner of a school bus or motor	1990
van shall not permit a person to resume operating a school bus or	1991
motor van, after an interruption of one year or longer, before the	1992
owner has obtained the person's complete driving record.	1993

(2) The owner of a school bus or motor van shall not permit a	1994
person to operate the school bus or motor van for six years after	1995
the date on which the person pleads guilty to or is convicted of	1996
a violation of section 4511.19 of the Revised Code or a	1997
substantially equivalent municipal ordinance.	1998

(3) An owner of a school bus or motor van shall not permit	1999
any person to operate such a vehicle unless the person meets all	2000
other requirements contained in rules adopted by the state board	2001
of education prescribing qualifications of drivers of school	2002
buses and other student transportation.	2003

(G) No superintendent of a school district, educational	2004
service center, community school, or public or private employer	2005
shall permit the operation of a vehicle used for pupil	2006
transportation within this state by an individual unless both of	2007
the following apply:	2008

(1) Information pertaining to that driver has been submitted	2009
to the department of education, pursuant to procedures adopted by	2010
that department. Information to be reported shall include the name	2011
of the employer or school district, name of the driver, driver	2012
license number, date of birth, date of hire, status of physical	2013
evaluation, and status of training.	2014

(2) AThe most recent criminal records check required by	2015
division (J) of this section, including information from the	2016
federal bureau of investigation, has been completed and received	2017
by the superintendent or public or private employer.	2018

(H) A person, school district, educational service center,	2019
community school, nonpublic school, or other public or nonpublic	2020
entity that owns a school bus or motor van, or that contracts with	2021
another entity to operate a school bus or motor van, may impose	2022
more stringent restrictions on drivers than those prescribed in	2023
this section, in any other section of the Revised Code, and in	2024
rules adopted by the state board.	2025

(I) For qualified drivers who, on the effective date of this	2026
amendmentJuly 1, 2007, are employed by the owner of a school bus	2027
or motor van to drive the school bus or motor van, any instance	2028
in which the driver was convicted of or pleaded guilty to a	2029
violation of section 4511.19 of the Revised Code or a	2030
substantially equivalent municipal ordinance prior to two years	2031
prior to the effective date of this amendmentJuly 1, 2007, shall	2032
not be considered a disqualifying event with respect to division	2033
(F) of this section.	2034

(J)(1) This division applies to persons hired by a school	2035
district, educational service center, community school, chartered	2036
nonpublic school, or science, technology, engineering, and	2037
mathematics school established under Chapter 3326. of the Revised	2038
Code to operate a vehicle used for pupil transportation.	2039

For each person to whom this division applies who is hired on	2040
or after the effective date of this amendment, the employer shall	2041
request a criminal records check in accordance with section	2042
3319.39 of the Revised Code and every six years thereafter. For	2043
each person to whom this division applies who is hired prior to	2044
that date, the employer shall request a criminal records check by	2045
a date prescribed by the department of education and every six	2046
years thereafter.	2047

(2) This division applies to persons hired by a public or	2048
private employer not described in division (J)(1) of this section	2049
to operate a vehicle used for pupil transportation.	2050

For each person to whom this division applies who is hired on	2051
or after the effective date of this amendment, the employer shall	2052
request a criminal records check prior to the person's hiring and	2053
every six years thereafter. For each person to whom this division	2054
applies who is hired prior to that date, the employer shall	2055
request a criminal records check by a date prescribed by the	2056
department and every six years thereafter.	2057

(3) Each request for a criminal records check under division	2058
(J) of this section shall be made to the superintendent of the	2059
bureau of criminal identification and investigation in the manner	2060
prescribed in section 3319.39 of the Revised Code. Upon receipt of	2061
a request, the bureau shall conduct the criminal records check in	2062
accordance with section 109.572 of the Revised Code as if the	2063
request had been made under section 3319.39 of the Revised Code.	2064

(K) Any person who is the subject of a criminal records check	2065
under division (J) of this section and has been convicted of or	2066
pleaded guilty to any offense described in division (B)(1) of	2067
section 3319.39 of the Revised Code shall not be hired or shall be	2068
released from employment, as applicable, unless the person meets	2069
the rehabilitation standards adopted by the department under	2070
division (E) of that section.	2071

Section 2. That existing sections 109.57, 121.40, 3301.0710,	2072
3301.0711, 3314.03, 3314.19, 3319.089, 3319.291, 3319.31, 3319.39,	2073
3321.01, 3326.11, 3326.23, and 3327.10 of the Revised Code are	2074
hereby repealed.	2075

Section 3. Not later than thirty days after the effective	2076
date of this section, the Superintendent of Public Instruction,	2077
upon the request of the superintendent of a joint vocational	2078
school district, may grant the district a waiver from the	2079
requirements of sections 3313.48 and 3313.481 of the Revised Code	2080
for the 2006-2007 school year if all of the following conditions	2081
applied to the district in that school year:	2082

(A) The school district was participating in the Vocational	2083
School Facilities Assistance Program established under sections	2084
3318.40 to 3318.45 of the Revised Code and the Executive Director	2085
of the Ohio School Facilities Commission certified to the	2086
Superintendent of Public Instruction that the district's project	2087
under that program experienced delays due to unanticipated	2088
structural conditions.	2089

(B) The project delays caused the district to be open for	2090
instruction with pupils in attendance for fewer days or hours than	2091
required by sections 3313.48, 3313.481, and 3317.01 of the Revised	2092
Code.	2093

(C) The district required its students to engage in	2094
activities outside of school that were relevant to the subject	2095
areas in which they were missing instruction to offset the	2096
reduction in instructional time.	2097

No waiver shall be granted under this section to a district	2098
that was closed for more than eleven days in excess of the days	2099
it is permitted to be closed for a public calamity under division	2100
(B) of section 3317.01 of the Revised Code. No district that	2101
receives a waiver under this section shall be considered to have	2102
failed to comply with division (B) of section 3317.01 of the	2103
Revised Code if it otherwise meets the requirements of that	2104
division.	2105

Section 4.  The amendments to section 3321.01 of the Revised	2106
Code by this act are intended to clarify the General Assembly's	2107
original intent related to a school district's authority to charge	2108
fees or tuition for students enrolled in all-day kindergarten as	2109
it existed prior to the effective date of this section, are	2110
remedial in nature, and are not intended to create any new	2111
authority.	2112

Section 5. That Section 8 of Am. Sub. S.B. 311 of the 126th	2113
General Assembly be amended to read as follows:	2114

Sec. 8. (A) There is hereby established a public-private	2115
collaborative commission to issue recommendations for promoting	2116
greater incidence of student success in conjunction with the Ohio	2117
Core curriculum. The commission shall consist of the following	2118
members:	2119

(1) A school district superintendent, appointed by the	2120
Governor;	2121

(2) A business or civic leader, appointed by the Governor;

2122

(3) Two public members, appointed by the Speaker of the House	2123
of Representatives in consultation with the Minority Leader of the	2124
House of Representatives;	2125

(4) Two public members, appointed by the President of the	2126
Senate in consultation with the Minority Leader of the Senate;	2127

(5) One member, appointed by the Superintendent of Public	2128
Instruction;	2129

(6) One member, appointed by the Chancellor of the Ohio Board	2130
of Regents.	2131

(B) The school district superintendent and the business or	2132
civic leader appointed by the Governor shall be co-chairpersons of	2133
the commission.	2134

(C) The commission's recommendations shall address methods of	2135
encouraging students and their families to develop a greater	2136
vision for their successful future in Ohio, including	2137
consideration of career opportunities afforded by pursuing higher	2138
education and the use of mentorships, internships, and other	2139
programs to provide guidance to students and their families toward	2140
pursuing higher education and career opportunities.	2141

(D) The commission shall issue its recommendations by	2142
December 31, 2007July 1, 2008. The recommendations shall be	2143
provided to the Governor, the Speaker and Minority Leader of the	2144
House of Representatives, the President and Minority Leader of	2145
the Senate, the chairpersons and ranking minority members of the	2146
committees that consider education in the House of	2147
Representatives and Senate, the State Board of Education, the	2148
Board of Regents, and the Partnership for Continued Learning.	2149

Section 6. That existing Section 8 of Am. Sub. S.B. 311 of	2150
the 126th General Assembly is hereby repealed.	2151

Section 7. (A) The Department of Education shall conduct a	2152
survey of each city, exempted village, local, and joint vocational	2153
school district to determine the following:	2154

(1) Whether the district charges fees for any of the	2155
following:	2156

(a) Classes or programs that are offered during the regular	2157
school day or after school and for which students earn credit or	2158
are assigned grades;	2159

(b) Instructional materials;

2160

(c) Summer school.

2161

(2) The amount of the fees charged;

2162

(3) The grade levels to which the fees apply;

2163

(4) Whether the district utilizes a sliding fee scale based	2164
on family income;	2165

(5) Whether the district waives the fees or otherwise	2166
provides for their payment for students whose parents or guardians	2167
are unable to pay the fees;	2168

(6) Any other information deemed relevant by the Department.

2169

(B) Each district shall report to the Department, in the	2170
manner prescribed by the Department, the information described in	2171
divisions (A)(1) to (6) of this section.	2172

(C) The Department shall issue a report on the results of the	2173
survey not later than April 30, 2008, and shall post the report on	2174
its web site.	2175

Section 8.  Not later than December 31, 2007, the Department	2176
of Education shall recommend to the General Assembly penalties	2177
for failure to report to the Department or the State Board of	2178
Education information about persons licensed by the State Board	2179
who have committed an act that is unbecoming to the teaching	2180
profession or that may make the person a threat to the safety of	2181
students. The Department shall provide copies of the	2182
recommendations to the President and Minority Leader of the	2183
Senate, the Speaker and Minority Leader of the House of	2184
Representatives, and the chairpersons and ranking minority members	2185
of the standing committees on education of the Senate and House of	2186
Representatives.	2187

Section 9.  Not later than three months after the effective	2188
date of this section, the Educator Standards Board established	2189
under section 3319.60 of the Revised Code shall recommend to the	2190
State Board of Education a code of conduct for educators. The code	2191
of conduct shall address persons who are licensed by the State	2192
Board and recommendations shall include both of the following:	2193

(A) Descriptions of conduct that is inappropriate for	2194
educators;	2195

(B) Disciplinary actions that should be taken against	2196
educators who engage in each type of misconduct, including the	2197
refusal, suspension, limiting, or revocation of a license under	2198
section 3319.31 of the Revised Code.	2199

Section 10.  Section 3314.03 of the Revised Code is	2200
presented in this act as a composite of the section as amended by	2201
Am. Sub. H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B.	2202
276, Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am.	2203
Sub. S.B. 311 of the 126th General Assembly. The General	2204
Assembly, applying the principle stated in division (B) of	2205
section 1.52 of the Revised Code that amendments are to be	2206
harmonized if reasonably capable of simultaneous operation, finds	2207
that the composite is the resulting version of the section in	2208
effect prior to the effective date of the section as presented in	2209
this act.	2210

Section 11. This act is hereby declared to be an emergency	2211
measure necessary for the immediate preservation of the public	2212
peace, health, and safety. The reason for such necessity is that	2213
school districts need clarification of their authority to charge	2214
fees or tuition for all-day kindergarten to ensure that students	2215
enrolled in kindergarten on a fee or tuition basis continue to	2216
receive educational services. Therefore, this act shall go into	2217
immediate effect.	2218