As Reported by the Senate Education Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 428

Representative Setzer 

Cosponsors: Representatives Evans, Stebelton, Williams, B., Adams, Bacon, Boyd, Brown, Budish, Celeste, Coley, Collier, Combs, DeBose, DeGeeter, Domenick, Fende, Flowers, Goyal, Hagan, J., Hagan, R., Heard, Hite, Hughes, Jones, Luckie, Mandel, McGregor, J., Newcomb, Patton, Sayre, Schlichter, Slesnick, Strahorn, Sykes, Webster, White, Yuko 

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

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A BILL

To amend sections 109.57, 2953.33, 3313.31, 3314.03,

1

3314.19, 3319.01, 3319.20, 3319.291, 3319.302,

2

3319.304, 3319.31, 3319.311, 3319.313, 3319.314,

3

3319.39, 3319.391, 3319.52, 3319.99, 3326.11,

4

3326.23, 3327.10, 5126.253, 5126.254, 5126.99, and

5

5153.176 and to enact sections 3314.101,

6

3314.40, 3314.401, 3314.402, 3314.403, 3314.41,

7

3314.99, 3319.292, 3319.316, 3319.317, 3319.392,

8

3319.40, 3326.081, 3326.24, 3326.241, 3326.242,

9

3326.243, 3326.25, 3326.99, and 5153.99 of the

10

Revised Code regarding the reporting of and

11

discipline for school employee misconduct.

12

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

Section 1. That sections 109.57, 2953.33, 3313.31, 3314.03,	13
3314.19, 3319.01, 3319.20, 3319.291, 3319.302, 3319.304,	14
3319.31, 3319.311, 3319.313, 3319.314, 3319.39, 3319.391,	15
3319.52, 3319.99, 3326.11, 3326.23, 3327.10, 5126.253, 5126.254,	16
5126.99, and 5153.176 be amended and sections 3314.101, 3314.40,	17
3314.401, 3314.402, 3314.403, 3314.41, 3314.99, 3319.292,	18
3319.316, 3319.317, 3319.392, 3319.40, 3326.081, 3326.24,	19
3326.241, 3326.242, 3326.243, 3326.25, 3326.99, and 5153.99 of	20
the Revised Code be enacted to read as follows:	21

Sec. 109.57.  (A)(1) The superintendent of the bureau of	22
criminal identification and investigation shall procure from	23
wherever procurable and file for record photographs, pictures,	24
descriptions, fingerprints, measurements, and other information	25
that may be pertinent of all persons who have been convicted of	26
committing within this state a felony, any crime constituting a	27
misdemeanor on the first offense and a felony on subsequent	28
offenses, or any misdemeanor described in division (A)(1)(a) or	29
(A)(10)(a) of section 109.572 of the Revised Code, of all children	30
under eighteen years of age who have been adjudicated delinquent	31
children for committing within this state an act that would be a	32
felony or an offense of violence if committed by an adult or who	33
have been convicted of or pleaded guilty to committing within this	34
state a felony or an offense of violence, and of all well-known	35
and habitual criminals. The person in charge of any county,	36
multicounty, municipal, municipal-county, or multicounty-municipal	37
jail or workhouse, community-based correctional facility, halfway	38
house, alternative residential facility, or state correctional	39
institution and the person in charge of any state institution	40
having custody of a person suspected of having committed a felony,	41
any crime constituting a misdemeanor on the first offense and a	42
felony on subsequent offenses, or any misdemeanor described in	43
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	44
Code or having custody of a child under eighteen years of age with	45
respect to whom there is probable cause to believe that the child	46
may have committed an act that would be a felony or an offense of	47
violence if committed by an adult shall furnish such material to	48
the superintendent of the bureau. Fingerprints, photographs, or	49
other descriptive information of a child who is under eighteen	50
years of age, has not been arrested or otherwise taken into	51
custody for committing an act that would be a felony or an offense	52
of violence if committed by an adult, has not been adjudicated a	53
delinquent child for committing an act that would be a felony or	54
an offense of violence if committed by an adult, has not been	55
convicted of or pleaded guilty to committing a felony or an	56
offense of violence, and is not a child with respect to whom there	57
is probable cause to believe that the child may have committed an	58
act that would be a felony or an offense of violence if committed	59
by an adult shall not be procured by the superintendent or	60
furnished by any person in charge of any county, multicounty,	61
municipal, municipal-county, or multicounty-municipal jail or	62
workhouse, community-based correctional facility, halfway house,	63
alternative residential facility, or state correctional	64
institution, except as authorized in section 2151.313 of the	65
Revised Code.	66

(2) Every clerk of a court of record in this state, other	67
than the supreme court or a court of appeals, shall send to the	68
superintendent of the bureau a weekly report containing a summary	69
of each case involving a felony, involving any crime constituting	70
a misdemeanor on the first offense and a felony on subsequent	71
offenses, involving a misdemeanor described in division (A)(1)(a)	72
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	73
an adjudication in a case in which a child under eighteen years of	74
age was alleged to be a delinquent child for committing an act	75
that would be a felony or an offense of violence if committed by	76
an adult. The clerk of the court of common pleas shall include in	77
the report and summary the clerk sends under this division all	78
information described in divisions (A)(2)(a) to (f) of this	79
section regarding a case before the court of appeals that is	80
served by that clerk. The summary shall be written on the standard	81
forms furnished by the superintendent pursuant to division (B) of	82
this section and shall include the following information:	83

(a) The incident tracking number contained on the standard	84
forms furnished by the superintendent pursuant to division (B) of	85
this section;	86

(b) The style and number of the case;

87

(c) The date of arrest;

88

(d) The date that the person was convicted of or pleaded	89
guilty to the offense, adjudicated a delinquent child for	90
committing the act that would be a felony or an offense of	91
violence if committed by an adult, found not guilty of the	92
offense, or found not to be a delinquent child for committing an	93
act that would be a felony or an offense of violence if committed	94
by an adult, the date of an entry dismissing the charge, an entry	95
declaring a mistrial of the offense in which the person is	96
discharged, an entry finding that the person or child is not	97
competent to stand trial, or an entry of a nolle prosequi, or the	98
date of any other determination that constitutes final resolution	99
of the case;	100

(e) A statement of the original charge with the section of	101
the Revised Code that was alleged to be violated;	102

(f) If the person or child was convicted, pleaded guilty, or	103
was adjudicated a delinquent child, the sentence or terms of	104
probation imposed or any other disposition of the offender or the	105
delinquent child.	106

If the offense involved the disarming of a law enforcement	107
officer or an attempt to disarm a law enforcement officer, the	108
clerk shall clearly state that fact in the summary, and the	109
superintendent shall ensure that a clear statement of that fact is	110
placed in the bureau's records.	111

(3) The superintendent shall cooperate with and assist	112
sheriffs, chiefs of police, and other law enforcement officers in	113
the establishment of a complete system of criminal identification	114
and in obtaining fingerprints and other means of identification of	115
all persons arrested on a charge of a felony, any crime	116
constituting a misdemeanor on the first offense and a felony on	117
subsequent offenses, or a misdemeanor described in division	118
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	119
of all children under eighteen years of age arrested or otherwise	120
taken into custody for committing an act that would be a felony or	121
an offense of violence if committed by an adult. The	122
superintendent also shall file for record the fingerprint	123
impressions of all persons confined in a county, multicounty,	124
municipal, municipal-county, or multicounty-municipal jail or	125
workhouse, community-based correctional facility, halfway house,	126
alternative residential facility, or state correctional	127
institution for the violation of state laws and of all children	128
under eighteen years of age who are confined in a county,	129
multicounty, municipal, municipal-county, or multicounty-municipal	130
jail or workhouse, community-based correctional facility, halfway	131
house, alternative residential facility, or state correctional	132
institution or in any facility for delinquent children for	133
committing an act that would be a felony or an offense of violence	134
if committed by an adult, and any other information that the	135
superintendent may receive from law enforcement officials of the	136
state and its political subdivisions.	137

(4) The superintendent shall carry out Chapter 2950. of the	138
Revised Code with respect to the registration of persons who are	139
convicted of or plead guilty to a sexually oriented offense or a	140
child-victim oriented offense and with respect to all other duties	141
imposed on the bureau under that chapter.	142

(5) The bureau shall perform centralized recordkeeping	143
functions for criminal history records and services in this state	144
for purposes of the national crime prevention and privacy compact	145
set forth in section 109.571 of the Revised Code and is the	146
criminal history record repository as defined in that section for	147
purposes of that compact. The superintendent or the	148
superintendent's designee is the compact officer for purposes of	149
that compact and shall carry out the responsibilities of the	150
compact officer specified in that compact.	151

(B) The superintendent shall prepare and furnish to every	152
county, multicounty, municipal, municipal-county, or	153
multicounty-municipal jail or workhouse, community-based	154
correctional facility, halfway house, alternative residential	155
facility, or state correctional institution and to every clerk of	156
a court in this state specified in division (A)(2) of this section	157
standard forms for reporting the information required under	158
division (A) of this section. The standard forms that the	159
superintendent prepares pursuant to this division may be in a	160
tangible format, in an electronic format, or in both tangible	161
formats and electronic formats.	162

(C)(1) The superintendent may operate a center for	163
electronic, automated, or other data processing for the storage	164
and retrieval of information, data, and statistics pertaining to	165
criminals and to children under eighteen years of age who are	166
adjudicated delinquent children for committing an act that would	167
be a felony or an offense of violence if committed by an adult,	168
criminal activity, crime prevention, law enforcement, and criminal	169
justice, and may establish and operate a statewide communications	170
network to gather and disseminate information, data, and	171
statistics for the use of law enforcement agencies and for other	172
uses specified in this division. The superintendent may gather,	173
store, retrieve, and disseminate information, data, and statistics	174
that pertain to children who are under eighteen years of age and	175
that are gathered pursuant to sections 109.57 to 109.61 of the	176
Revised Code together with information, data, and statistics that	177
pertain to adults and that are gathered pursuant to those	178
sections.	179

(2) The superintendent or the superintendent's designee shall	180
gather information of the nature described in division (C)(1) of	181
this section that pertains to the offense and delinquency history	182
of a person who has been convicted of, pleaded guilty to, or been	183
adjudicated a delinquent child for committing a sexually oriented	184
offense or a child-victim oriented offense for inclusion in the	185
state registry of sex offenders and child-victim offenders	186
maintained pursuant to division (A)(1) of section 2950.13 of the	187
Revised Code and in the internet database operated pursuant to	188
division (A)(13) of that section and for possible inclusion in the	189
internet database operated pursuant to division (A)(11) of that	190
section.	191

(3) In addition to any other authorized use of information,	192
data, and statistics of the nature described in division (C)(1)	193
of this section, the superintendent or the superintendent's	194
designee may provide and exchange the information, data, and	195
statistics pursuant to the national crime prevention and privacy	196
compact as described in division (A)(5) of this section.	197

(D) The information and materials furnished to the	198
superintendent pursuant to division (A) of this section and	199
information and materials furnished to any board or person under	200
division (F) or (G) of this section are not public records under	201
section 149.43 of the Revised Code. The superintendent or the	202
superintendent's designee shall gather and retain information so	203
furnished under division (A) of this section that pertains to the	204
offense and delinquency history of a person who has been convicted	205
of, pleaded guilty to, or been adjudicated a delinquent child for	206
committing a sexually oriented offense or a child-victim oriented	207
offense for the purposes described in division (C)(2) of this	208
section.	209

(E) The attorney general shall adopt rules, in accordance	210
with Chapter 119. of the Revised Code, setting forth the procedure	211
by which a person may receive or release information gathered by	212
the superintendent pursuant to division (A) of this section. A	213
reasonable fee may be charged for this service. If a temporary	214
employment service submits a request for a determination of	215
whether a person the service plans to refer to an employment	216
position has been convicted of or pleaded guilty to an offense	217
listed in division (A)(1), (3), (4), (5), or (6) of section	218
109.572 of the Revised Code, the request shall be treated as a	219
single request and only one fee shall be charged.	220

(F)(1) As used in division (F)(2) of this section, "head	221
start agency" means an entity in this state that has been approved	222
to be an agency for purposes of subchapter II of the "Community	223
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	224
as amended.	225

(2)(a) In addition to or in conjunction with any request that	226
is required to be made under section 109.572, 2151.86, 3301.32,	227
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	228
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	229
Code or that is made under section 3314.41, 3319.392, or 3326.25	230
of the Revised Code, the board of education of any school	231
district; the director of mental retardation and developmental	232
disabilities; any county board of mental retardation and	233
developmental disabilities; any entity under contract with a	234
county board of mental retardation and developmental	235
disabilities; the chief administrator of any chartered nonpublic	236
school; the chief administrator of any home health agency; the	237
chief administrator of or person operating any child day-care	238
center, type A family day-care home, or type B family day-care	239
home licensed or certified under Chapter 5104. of the Revised	240
Code; the administrator of any type C family day-care home	241
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	242
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	243
general assembly; the chief administrator of any head start	244
agency; the executive director of a public children services	245
agency; or an employera private company described in division	246
(A)(2) of section 3319.3913314.41, 3319.392, or 3326.25 of the	247
Revised Code; or an employer described in division (J)(2) of	248
section 3327.10 of the Revised Code may request that the	249
superintendent of the bureau investigate and determine, with	250
respect to any individual who has applied for employment in any	251
position after October 2, 1989, or any individual wishing to	252
apply for employment with a board of education may request, with	253
regard to the individual, whether the bureau has any information	254
gathered under division (A) of this section that pertains to that	255
individual. On receipt of the request, the superintendent shall	256
determine whether that information exists and, upon request of	257
the person, board, or entity requesting information, also shall	258
request from the federal bureau of investigation any criminal	259
records it has pertaining to that individual. The superintendent	260
or the superintendent's designee also may request criminal	261
history records from other states or the federal government	262
pursuant to the national crime prevention and privacy compact set	263
forth in section 109.571 of the Revised Code. Within thirty days	264
of the date that the superintendent receives a request, the	265
superintendent shall send to the board, entity, or person a	266
report of any information that the superintendent determines	267
exists, including information contained in records that have been	268
sealed under section 2953.32 of the Revised Code, and, within	269
thirty days of its receipt, shall send the board, entity, or	270
person a report of any information received from the federal	271
bureau of investigation, other than information the dissemination	272
of which is prohibited by federal law.	273

(b) When a board of education is required to receive	274
information under this section as a prerequisite to employment of	275
an individual pursuant to section 3319.39 of the Revised Code, it	276
may accept a certified copy of records that were issued by the	277
bureau of criminal identification and investigation and that are	278
presented by an individual applying for employment with the	279
district in lieu of requesting that information itself. In such a	280
case, the board shall accept the certified copy issued by the	281
bureau in order to make a photocopy of it for that individual's	282
employment application documents and shall return the certified	283
copy to the individual. In a case of that nature, a district only	284
shall accept a certified copy of records of that nature within one	285
year after the date of their issuance by the bureau.	286

(3) The state board of education may request, with respect to	287
any individual who has applied for employment after October 2,	288
1989, in any position with the state board or the department of	289
education, any information that a school district board of	290
education is authorized to request under division (F)(2) of this	291
section, and the superintendent of the bureau shall proceed as if	292
the request has been received from a school district board of	293
education under division (F)(2) of this section.	294

(4) When the superintendent of the bureau receives a request	295
for information under section 3319.291 of the Revised Code, the	296
superintendent shall proceed as if the request has been received	297
from a school district board of education under division (F)(2) of	298
this section.	299

(5) When a recipient of a classroom reading improvement grant	300
paid under section 3301.86 of the Revised Code requests, with	301
respect to any individual who applies to participate in providing	302
any program or service funded in whole or in part by the grant,	303
the information that a school district board of education is	304
authorized to request under division (F)(2)(a) of this section,	305
the superintendent of the bureau shall proceed as if the request	306
has been received from a school district board of education under	307
division (F)(2)(a) of this section.	308

(G) In addition to or in conjunction with any request that is	309
required to be made under section 3701.881, 3712.09, 3721.121, or	310
3722.151 of the Revised Code with respect to an individual who has	311
applied for employment in a position that involves providing	312
direct care to an older adult, the chief administrator of a home	313
health agency, hospice care program, home licensed under Chapter	314
3721. of the Revised Code, adult day-care program operated	315
pursuant to rules adopted under section 3721.04 of the Revised	316
Code, or adult care facility may request that the superintendent	317
of the bureau investigate and determine, with respect to any	318
individual who has applied after January 27, 1997, for employment	319
in a position that does not involve providing direct care to an	320
older adult, whether the bureau has any information gathered under	321
division (A) of this section that pertains to that individual.	322

In addition to or in conjunction with any request that is	323
required to be made under section 173.27 of the Revised Code with	324
respect to an individual who has applied for employment in a	325
position that involves providing ombudsperson services to	326
residents of long-term care facilities or recipients of	327
community-based long-term care services, the state long-term care	328
ombudsperson, ombudsperson's designee, or director of health may	329
request that the superintendent investigate and determine, with	330
respect to any individual who has applied for employment in a	331
position that does not involve providing such ombudsperson	332
services, whether the bureau has any information gathered under	333
division (A) of this section that pertains to that applicant.	334

In addition to or in conjunction with any request that is	335
required to be made under section 173.394 of the Revised Code with	336
respect to an individual who has applied for employment in a	337
position that involves providing direct care to an individual, the	338
chief administrator of a community-based long-term care agency may	339
request that the superintendent investigate and determine, with	340
respect to any individual who has applied for employment in a	341
position that does not involve providing direct care, whether the	342
bureau has any information gathered under division (A) of this	343
section that pertains to that applicant.	344

On receipt of a request under this division, the	345
superintendent shall determine whether that information exists	346
and, on request of the individual requesting information, shall	347
also request from the federal bureau of investigation any criminal	348
records it has pertaining to the applicant. The superintendent or	349
the superintendent's designee also may request criminal history	350
records from other states or the federal government pursuant to	351
the national crime prevention and privacy compact set forth in	352
section 109.571 of the Revised Code. Within thirty days of the	353
date a request is received, the superintendent shall send to the	354
requester a report of any information determined to exist,	355
including information contained in records that have been sealed	356
under section 2953.32 of the Revised Code, and, within thirty days	357
of its receipt, shall send the requester a report of any	358
information received from the federal bureau of investigation,	359
other than information the dissemination of which is prohibited by	360
federal law.	361

(H) Information obtained by a government entity or person	362
under this section is confidential and shall not be released or	363
disseminated.	364

(I) The superintendent may charge a reasonable fee for	365
providing information or criminal records under division (F)(2) or	366
(G) of this section.	367

(J) As used in this section, "sexually oriented offense" and	368
"child-victim oriented offense" have the same meanings as in	369
section 2950.01 of the Revised Code.	370

Sec. 2953.33.  (A) Except as provided in division (G) of	371
section 2953.32 of the Revised Code, an order to seal the record	372
of a person's conviction restores the person who is the subject of	373
the order to all rights and privileges not otherwise restored by	374
termination of the sentence or community control sanction or by	375
final release on parole or post-release control.	376

(B) In any application for employment, license, or other	377
right or privilege, any appearance as a witness, or any other	378
inquiry, except as provided in division (E) of section 2953.32 and	379
in section 3319.292 of the Revised Code, a person may be	380
questioned only with respect to convictions not sealed, bail	381
forfeitures not expunged under section 2953.42 of the Revised Code	382
as it existed prior to June 29, 1988, and bail forfeitures not	383
sealed, unless the question bears a direct and substantial	384
relationship to the position for which the person is being	385
considered.	386

Sec. 3313.31. (A) All the duties and obligations of the	387
county auditor, county treasurer, or other officer or person	388
relating to the moneys of a school district shall be complied with	389
by dealing with the treasurer of the board of education thereof.	390

The treasurer shall be the chief fiscal officer of the school	391
district, shall be responsible for the financial affairs of the	392
district, and shall report to and is subject to the direction of	393
the district board of education. Except as otherwise required by	394
law, no treasurer shall be required to verify the accuracy of	395
nonfinancial information or data of the school district.	396

(B) Notwithstanding any provision of the Revised Code to the	397
contrary, but subject to section 3319.40 of the Revised Code, in	398
all school districts and educational service centers, the	399
treasurer shall direct and assign employees directly engaged in	400
the day-to-day fiscal operations of the district or service	401
center, as those employees are so designated by the board of the	402
district or service center.	403

Sec. 3314.03.  A copy of every contract entered into under	404
this section shall be filed with the superintendent of public	405
instruction.	406

(A) Each contract entered into between a sponsor and the	407
governing authority of a community school shall specify the	408
following:	409

(1) That the school shall be established as either of the	410
following:	411

(a) A nonprofit corporation established under Chapter 1702.	412
of the Revised Code, if established prior to April 8, 2003;	413

(b) A public benefit corporation established under Chapter	414
1702. of the Revised Code, if established after April 8, 2003;.	415

(2) The education program of the school, including the	416
school's mission, the characteristics of the students the school	417
is expected to attract, the ages and grades of students, and the	418
focus of the curriculum;	419

(3) The academic goals to be achieved and the method of	420
measurement that will be used to determine progress toward those	421
goals, which shall include the statewide achievement tests;	422

(4) Performance standards by which the success of the school	423
will be evaluated by the sponsor;	424

(5) The admission standards of section 3314.06 of the Revised	425
Code and, if applicable, section 3314.061 of the Revised Code;	426

(6)(a) Dismissal procedures;

427

(b) A requirement that the governing authority adopt an	428
attendance policy that includes a procedure for automatically	429
withdrawing a student from the school if the student without a	430
legitimate excuse fails to participate in one hundred five	431
consecutive hours of the learning opportunities offered to the	432
student.	433

(7) The ways by which the school will achieve racial and	434
ethnic balance reflective of the community it serves;	435

(8) Requirements for financial audits by the auditor of	436
state. The contract shall require financial records of the school	437
to be maintained in the same manner as are financial records of	438
school districts, pursuant to rules of the auditor of state, and	439
the audits shall be conducted in accordance with section 117.10 of	440
the Revised Code.	441

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

442

(10) Qualifications of teachers, including a requirement that	443
the school's classroom teachers be licensed in accordance with	444
sections 3319.22 to 3319.31 of the Revised Code, except that a	445
community school may engage noncertificated persons to teach up to	446
twelve hours per week pursuant to section 3319.301 of the Revised	447
Code;	448

(11) That the school will comply with the following	449
requirements:	450

(a) The school will provide learning opportunities to a	451
minimum of twenty-five students for a minimum of nine hundred	452
twenty hours per school year;.	453

(b) The governing authority will purchase liability	454
insurance, or otherwise provide for the potential liability of the	455
school;.	456

(c) The school will be nonsectarian in its programs,	457
admission policies, employment practices, and all other	458
operations, and will not be operated by a sectarian school or	459
religious institution;.	460

(d) The school will comply with sections 9.90, 9.91, 109.65,	461
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	462
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	463
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	464
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	465
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	466
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	467
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	468
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	469
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	470
and 4167. of the Revised Code as if it were a school district and	471
will comply with section 3301.0714 of the Revised Code in the	472
manner specified in section 3314.17 of the Revised Code;.	473

(e) The school shall comply with Chapter 102. and section	474
2921.42 of the Revised Code;.	475

(f) The school will comply with sections 3313.61, 3313.611,	476
and 3313.614 of the Revised Code, except that for students who	477
enter ninth grade for the first time before July 1, 2010, the	478
requirement in sections 3313.61 and 3313.611 of the Revised Code	479
that a person must successfully complete the curriculum in any	480
high school prior to receiving a high school diploma may be met by	481
completing the curriculum adopted by the governing authority of	482
the community school rather than the curriculum specified in Title	483
XXXIII of the Revised Code or any rules of the state board of	484
education. Beginning with students who enter ninth grade for the	485
first time on or after July 1, 2010, the requirement in sections	486
3313.61 and 3313.611 of the Revised Code that a person must	487
successfully complete the curriculum of a high school prior to	488
receiving a high school diploma shall be met by completing the	489
Ohio core curriculum prescribed in division (C) of section	490
3313.603 of the Revised Code, unless the person qualifies under	491
division (D) or (F) of that section. Each school shall comply with	492
the plan for awarding high school credit based on demonstration of	493
subject area competency, adopted by the state board of education	494
under division (J) of section 3313.603 of the Revised Code.	495

(g) The school governing authority will submit within four	496
months after the end of each school year a report of its	497
activities and progress in meeting the goals and standards of	498
divisions (A)(3) and (4) of this section and its financial status	499
to the sponsor and the parents of all students enrolled in the	500
school.	501

(h) The school, unless it is an internet- or computer-based	502
community school, will comply with section 3313.801 of the Revised	503
Code as if it were a school district.	504

(12) Arrangements for providing health and other benefits to	505
employees;	506

(13) The length of the contract, which shall begin at the	507
beginning of an academic year. No contract shall exceed five years	508
unless such contract has been renewed pursuant to division (E) of	509
this section.	510

(14) The governing authority of the school, which shall be	511
responsible for carrying out the provisions of the contract;	512

(15) A financial plan detailing an estimated school budget	513
for each year of the period of the contract and specifying the	514
total estimated per pupil expenditure amount for each such year.	515
The plan shall specify for each year the base formula amount that	516
will be used for purposes of funding calculations under section	517
3314.08 of the Revised Code. This base formula amount for any year	518
shall not exceed the formula amount defined under section 3317.02	519
of the Revised Code. The plan may also specify for any year a	520
percentage figure to be used for reducing the per pupil amount of	521
the subsidy calculated pursuant to section 3317.029 of the Revised	522
Code the school is to receive that year under section 3314.08 of	523
the Revised Code.	524

(16) Requirements and procedures regarding the disposition of	525
employees of the school in the event the contract is terminated or	526
not renewed pursuant to section 3314.07 of the Revised Code;	527

(17) Whether the school is to be created by converting all or	528
part of an existing public school or is to be a new start-up	529
school, and if it is a converted public school, specification of	530
any duties or responsibilities of an employer that the board of	531
education that operated the school before conversion is delegating	532
to the governing board of the community school with respect to all	533
or any specified group of employees provided the delegation is not	534
prohibited by a collective bargaining agreement applicable to such	535
employees;	536

(18) Provisions establishing procedures for resolving	537
disputes or differences of opinion between the sponsor and the	538
governing authority of the community school;	539

(19) A provision requiring the governing authority to adopt a	540
policy regarding the admission of students who reside outside the	541
district in which the school is located. That policy shall comply	542
with the admissions procedures specified in sections 3314.06 and	543
3314.061 of the Revised Code and, at the sole discretion of the	544
authority, shall do one of the following:	545

(a) Prohibit the enrollment of students who reside outside	546
the district in which the school is located;	547

(b) Permit the enrollment of students who reside in districts	548
adjacent to the district in which the school is located;	549

(c) Permit the enrollment of students who reside in any other	550
district in the state.	551

(20) A provision recognizing the authority of the department	552
of education to take over the sponsorship of the school in	553
accordance with the provisions of division (C) of section 3314.015	554
of the Revised Code;	555

(21) A provision recognizing the sponsor's authority to	556
assume the operation of a school under the conditions specified in	557
division (B) of section 3314.073 of the Revised Code;	558

(22) A provision recognizing both of the following:

559

(a) The authority of public health and safety officials to	560
inspect the facilities of the school and to order the facilities	561
closed if those officials find that the facilities are not in	562
compliance with health and safety laws and regulations;	563

(b) The authority of the department of education as the	564
community school oversight body to suspend the operation of the	565
school under section 3314.072 of the Revised Code if the	566
department has evidence of conditions or violations of law at the	567
school that pose an imminent danger to the health and safety of	568
the school's students and employees and the sponsor refuses to	569
take such action;	570

(23) A description of the learning opportunities that will be	571
offered to students including both classroom-based and	572
non-classroom-based learning opportunities that is in compliance	573
with criteria for student participation established by the	574
department under division (L)(2) of section 3314.08 of the Revised	575
Code;	576

(24) The school will comply with section 3302.04 of the	577
Revised Code, including division (E) of that section to the extent	578
possible, except that any action required to be taken by a school	579
district pursuant to that section shall be taken by the sponsor of	580
the school. However, the sponsor shall not be required to take any	581
action described in division (F) of that section.	582

(25) Beginning in the 2006-2007 school year, the school will	583
open for operation not later than the thirtieth day of September	584
each school year, unless the mission of the school as specified	585
under division (A)(2) of this section is solely to serve dropouts.	586
In its initial year of operation, if the school fails to open by	587
the thirtieth day of September, or within one year after the	588
adoption of the contract pursuant to division (D) of section	589
3314.02 of the Revised Code if the mission of the school is solely	590
to serve dropouts, the contract shall be void.	591

(B) The community school shall also submit to the sponsor a	592
comprehensive plan for the school. The plan shall specify the	593
following:	594

(1) The process by which the governing authority of the	595
school will be selected in the future;	596

(2) The management and administration of the school;

597

(3) If the community school is a currently existing public	598
school, alternative arrangements for current public school	599
students who choose not to attend the school and teachers who	600
choose not to teach in the school after conversion;	601

(4) The instructional program and educational philosophy of	602
the school;	603

(5) Internal financial controls.

604

(C) A contract entered into under section 3314.02 of the	605
Revised Code between a sponsor and the governing authority of a	606
community school may provide for the community school governing	607
authority to make payments to the sponsor, which is hereby	608
authorized to receive such payments as set forth in the contract	609
between the governing authority and the sponsor. The total amount	610
of such payments for oversight and monitoring of the school shall	611
not exceed three per cent of the total amount of payments for	612
operating expenses that the school receives from the state.	613

(D) The contract shall specify the duties of the sponsor	614
which shall be in accordance with the written agreement entered	615
into with the department of education under division (B) of	616
section 3314.015 of the Revised Code and shall include the	617
following:	618

(1) Monitor the community school's compliance with all laws	619
applicable to the school and with the terms of the contract;	620

(2) Monitor and evaluate the academic and fiscal performance	621
and the organization and operation of the community school on at	622
least an annual basis;	623

(3) Report on an annual basis the results of the evaluation	624
conducted under division (D)(2) of this section to the department	625
of education and to the parents of students enrolled in the	626
community school;	627

(4) Provide technical assistance to the community school in	628
complying with laws applicable to the school and terms of the	629
contract;	630

(5) Take steps to intervene in the school's operation to	631
correct problems in the school's overall performance, declare the	632
school to be on probationary status pursuant to section 3314.073	633
of the Revised Code, suspend the operation of the school pursuant	634
to section 3314.072 of the Revised Code, or terminate the contract	635
of the school pursuant to section 3314.07 of the Revised Code as	636
determined necessary by the sponsor;	637

(6) Have in place a plan of action to be undertaken in the	638
event the community school experiences financial difficulties or	639
closes prior to the end of a school year.	640

(E) Upon the expiration of a contract entered into under this	641
section, the sponsor of a community school may, with the approval	642
of the governing authority of the school, renew that contract for	643
a period of time determined by the sponsor, but not ending earlier	644
than the end of any school year, if the sponsor finds that the	645
school's compliance with applicable laws and terms of the contract	646
and the school's progress in meeting the academic goals prescribed	647
in the contract have been satisfactory. Any contract that is	648
renewed under this division remains subject to the provisions of	649
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	650

(F) If a community school fails to open for operation within	651
one year after the contract entered into under this section is	652
adopted pursuant to division (D) of section 3314.02 of the Revised	653
Code or permanently closes prior to the expiration of the	654
contract, the contract shall be void and the school shall not	655
enter into a contract with any other sponsor. A school shall not	656
be considered permanently closed because the operations of the	657
school have been suspended pursuant to section 3314.072 of the	658
Revised Code. Any contract that becomes void under this division	659
shall not count toward any statewide limit on the number of such	660
contracts prescribed by section 3314.013 of the Revised Code.	661

Sec. 3314.101. (A) As used in this section, "license" has the	662
same meaning as in section 3319.31 of the Revised Code.	663

(B) If a person who is employed by a community school	664
established under this chapter or by an operator is arrested,	665
summoned, or indicted for an alleged violation of an offense	666
listed in division (C) of section 3319.31 of the Revised Code, if	667
the person holds a license, or an offense listed in division	668
(B)(1) of section 3319.39 of the Revised Code, if the person does	669
not hold a license, the chief administrator of the community	670
school in which that person works shall suspend that person from	671
all duties that require the care, custody, or control of a child	672
during the pendency of the criminal action against the person. If	673
the person who is arrested, summoned, or indicted for an alleged	674
violation of an offense listed in division (C) of section 3319.31	675
or division (B)(1) of section 3319.39 of the Revised Code is the	676
chief administrator of the community school, the governing	677
authority of the school shall suspend the chief administrator	678
from all duties that require the care, custody, or control of a	679
child.	680

(C) When a person who holds a license is suspended in	681
accordance with this section, the chief administrator or governing	682
authority that imposed the suspension promptly shall report the	683
person's suspension to the department of education. The report	684
shall include the offense for which the person was arrested,	685
summoned, or indicted.	686

Sec. 3314.19.  The sponsor of each community school annually	687
shall provide the following assurances in writing to the	688
department of education not later than ten business days prior to	689
the opening of the school:	690

(A) That a current copy of the contract between the sponsor	691
and the governing authority of the school entered into under	692
section 3314.03 of the Revised Code has been filed with the state	693
office of community schools established under section 3314.11 of	694
the Revised Code and that any subsequent modifications to that	695
contract will be filed with the office;	696

(B) That the school has submitted to the sponsor a plan for	697
providing special education and related services to students with	698
disabilities and has demonstrated the capacity to provide those	699
services in accordance with Chapter 3323. of the Revised Code and	700
federal law;	701

(C) That the school has a plan and procedures for	702
administering the achievement tests and diagnostic assessments	703
prescribed by sections 3301.0710 and 3301.0715 of the Revised	704
Code;	705

(D) That school personnel have the necessary training,	706
knowledge, and resources to properly use and submit information to	707
all databases maintained by the department for the collection of	708
education data, including the education management information	709
system established under section 3301.0714 of the Revised Code in	710
accordance with methods and timelines established under section	711
3314.17 of the Revised Code;	712

(E) That all required information about the school has been	713
submitted to the Ohio education directory system or any successor	714
system;	715

(F) That the school will enroll at least the minimum number	716
of students required by division (A)(11)(a) of section 3314.03 of	717
the Revised Code in the school year for which the assurances are	718
provided;	719

(G) That all classroom teachers are licensed in accordance	720
with sections 3319.22 to 3319.31 of the Revised Code, except for	721
noncertificated persons engaged to teach up to twelve hours per	722
week pursuant to section 3319.301 of the Revised Code;	723

(H) That the school's fiscal officer is in compliance with	724
section 3314.011 of the Revised Code;	725

(I) That the school has complied with sectionsections	726
3319.39 and 3319.391 of the Revised Code with respect to all	727
employees and that the school has conducted a criminal records	728
check of each of its governing authority members;	729

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

730

(1) Proof of property ownership or a lease for the facilities	731
used by the school;	732

(2) A certificate of occupancy;

733

(3) Liability insurance for the school, as required by	734
division (A)(11)(b) of section 3314.03 of the Revised Code, that	735
the sponsor considers sufficient to indemnify the school's	736
facilities, staff, and governing authority against risk;	737

(4) A satisfactory health and safety inspection;

738

(5) A satisfactory fire inspection;

739

(6) A valid food permit, if applicable.

740

(K) That the sponsor has conducted a pre-opening site visit	741
to the school for the school year for which the assurances are	742
provided;	743

(L) That the school has designated a date it will open for	744
the school year for which the assurances are provided that is in	745
compliance with division (A)(25) of section 3314.03 of the Revised	746
Code;	747

(M) That the school has met all of the sponsor's requirements	748
for opening and any other requirements of the sponsor.	749

Sec. 3314.40.  (A) As used in this section:

750

(1) "Conduct unbecoming to the teaching profession" shall be	751
as described in rules adopted by the state board of education.	752

(2) "Intervention in lieu of conviction" means intervention	753
in lieu of conviction under section 2951.041 of the Revised Code.	754

(3) "License" has the same meaning as in section 3319.31 of	755
the Revised Code.	756

(4) "Pre-trial diversion program" means a pre-trial diversion	757
program under section 2935.36 of the Revised Code or a similar	758
diversion program under rules of a court.	759

(B) The chief administrator of each community school, or the	760
president or chairperson of the governing authority of each	761
community school if division (C) of this section applies, shall	762
promptly submit to the superintendent of public instruction the	763
information prescribed in division (D) of this section when any of	764
the following conditions applies to an employee of the school, or	765
an employee of an operator working in the school, who holds a	766
license issued by the state board of education:	767

(1) The chief administrator, or president or chairperson,	768
knows that the employee has pleaded guilty to, has been found	769
guilty by a jury or court of, has been convicted of, has been	770
found to be eligible for intervention in lieu of conviction for,	771
or has agreed to participate in a pre-trial diversion program for	772
an offense described in division (B)(2) or (C) of section 3319.31	773
or division (B)(1) of section 3319.39 of the Revised Code.	774

(2) The governing authority of the school, or the operator,	775
has initiated termination or nonrenewal proceedings against, has	776
terminated, or has not renewed the contract of the employee	777
because the governing authority or operator has reasonably	778
determined that the employee has committed an act that is	779
unbecoming to the teaching profession or an offense described in	780
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	781
section 3319.39 of the Revised Code.	782

(3) The employee has resigned under threat of termination or	783
nonrenewal as described in division (B)(2) of this section.	784

(4) The employee has resigned because of or in the course of	785
an investigation by the governing authority or operator regarding	786
whether the employee has committed an act that is unbecoming to	787
the teaching profession or an offense described in division (B)(2)	788
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	789
the Revised Code.	790

(C) If the employee to whom any of the conditions prescribed	791
in divisions (B)(1) to (4) of this section applies is the chief	792
administrator of the community school, the president or	793
chairperson of the governing authority of the school shall make	794
the report required under this section.	795

(D) If a report is required under this section, the chief	796
administrator, or president or chairperson, shall submit to the	797
superintendent of public instruction the name and social security	798
number of the employee about whom the information is required and	799
a factual statement regarding any of the conditions prescribed in	800
divisions (B)(1) to (4) of this section that apply to the	801
employee.	802

(E) A determination made by the governing authority or	803
operator as described in division (B)(2) of this section or a	804
termination, nonrenewal, resignation, or other separation	805
described in divisions (B)(2) to (4) of this section does not	806
create a presumption of the commission or lack of the commission	807
by the employee of an act unbecoming to the teaching profession or	808
an offense described in division (B)(2) or (C) of section 3319.31	809
or division (B)(1) of section 3319.39 of the Revised Code.	810

(F) No individual required to submit a report under division	811
(B) of this section shall knowingly fail to comply with that	812
division.	813

(G) An individual who provides information to the	814
superintendent of public instruction in accordance with this	815
section in good faith shall be immune from any civil liability	816
that otherwise might be incurred or imposed for injury, death, or	817
loss to person or property as a result of the provision of that	818
information.	819

Sec. 3314.401.  The governing authority of each community	820
school shall require that the reports of any investigation by the	821
governing authority of the school or by an operator of an employee	822
who works in the school, regarding whether the employee has	823
committed an act or offense for which the chief administrator of	824
the community school or the president or chairperson of the	825
governing authority is required to make a report to the	826
superintendent of public instruction under section 3314.40 of the	827
Revised Code, be kept in the employee's personnel file. If, after	828
an investigation under division (A) of section 3319.311 of the	829
Revised Code, the superintendent of public instruction determines	830
that the results of that investigation do not warrant initiating	831
action under section 3319.31 of the Revised Code, the governing	832
authority shall require the reports of the governing authority's	833
or operator's investigation to be moved from the employee's	834
personnel file to a separate public file.	835

Sec. 3314.402.  Notwithstanding any provision to the contrary	836
in Chapter 4117. of the Revised Code, the provisions of sections	837
3314.40 and 3314.401 of the Revised Code prevail over any	838
conflicting provisions of a collective bargaining agreement or	839
contract for employment entered into after March 30, 2007.	840

Sec. 3314.403.  (A) As used in this section, "license" has	841
the same meaning as in section 3319.31 of the Revised Code.	842

(B) No employee of a community school or an operator working	843
in the school shall do either of the following:	844

(1) Knowingly make a false report to the chief administrator	845
of the school, or the chief administrator's designee, alleging	846
misconduct by another employee of the school or operator;	847

(2) Knowingly cause the chief administrator, or the chief	848
administrator's designee, to make a false report of the alleged	849
misconduct to the superintendent of public instruction or the	850
state board of education.	851

(C) Any employee of a community school or an operator working	852
in the school who in good faith reports to the chief administrator	853
of the school, or the chief administrator's designee, information	854
about alleged misconduct committed by another employee of the	855
school or operator shall be immune from any civil liability that	856
otherwise might be incurred or imposed for injury, death, or loss	857
to person or property as a result of the reporting of that	858
information.	859

If the alleged misconduct involves a person who holds a	860
license but the chief administrator is not required to submit a	861
report to the superintendent of public instruction under section	862
3314.40 of the Revised Code and the chief administrator, or the	863
chief administrator's designee, in good faith reports the alleged	864
misconduct to the superintendent of public instruction or the	865
state board, the chief administrator, or the chief administrator's	866
designee, shall be immune from any civil liability that otherwise	867
might be incurred or imposed for injury, death, or loss to person	868
or property as a result of the reporting of that information.	869

(D)(1) In any civil action brought against a person in which	870
it is alleged and proved that the person violated division (B) of	871
this section, the court shall award the prevailing party	872
reasonable attorney's fees and costs that the prevailing party	873
incurred in the civil action or as a result of the false report	874
that was the basis of the violation.	875

(2) If a person is convicted of or pleads guilty to a	876
violation of division (B) of this section, if the subject of the	877
false report that was the basis of the violation was charged with	878
any violation of a law or ordinance as a result of the false	879
report, and if the subject of the false report is found not to be	880
guilty of the charges brought against the subject as a result of	881
the false report or those charges are dismissed, the court that	882
sentences the person for the violation of division (B) of this	883
section, as part of the sentence, shall order the person to pay	884
restitution to the subject of the false report, in an amount equal	885
to reasonable attorney's fees and costs that the subject of the	886
false report incurred as a result of or in relation to the	887
charges.	888

Sec. 3314.41. (A) As used in this section:

889

(1) "Designated official" means the chief administrator of a	890
community school, or the chief administrator's designee.	891

(2) "Essential school services" means services provided by a	892
private company under contract with a community school that the	893
chief administrator of the school has determined are necessary for	894
the operation of the school and that would need to be provided by	895
employees of the school if the services were not provided by the	896
private company.	897

(3) "License" has the same meaning as in section 3319.31 of	898
the Revised Code.	899

(B) This section applies to any person who is an employee of	900
a private company under contract with a community school to	901
provide essential school services and who will work in the school	902
in a position that does not require a license issued by the state	903
board of education, is not for the operation of a vehicle for	904
pupil transportation, and that involves routine interaction with a	905
child or regular responsibility for the care, custody, or control	906
of a child.	907

(C) No community school shall permit a person to whom this	908
section applies to work in the school, unless one of the following	909
applies to the person:	910

(1) The person's employer presents proof of both of the	911
following to the designated official:	912

(a) That the person has been the subject of a criminal	913
records check conducted in accordance with division (D) of this	914
section within the five-year period immediately prior to the date	915
on which the person will begin working in the school;	916

(b) That the criminal records check indicates that the person	917
has not been convicted of or pleaded guilty to any offense	918
described in division (B)(1) of section 3319.39 of the Revised	919
Code.	920

(2) During any period of time in which the person will have	921
routine interaction with a child or regular responsibility for the	922
care, custody, or control of a child, the designated official has	923
arranged for an employee of the school to be present in the same	924
room with the child or, if outdoors, to be within a thirty-yard	925
radius of the child or to have visual contact with the child.	926

(D) Any private company that has been hired or seeks to be	927
hired by a community school to provide essential school services	928
may request the bureau of criminal identification and	929
investigation to conduct a criminal records check of any of its	930
employees for the purpose of complying with division (C)(1) of	931
this section. Each request for a criminal records check under this	932
division shall be made to the superintendent of the bureau in the	933
manner prescribed in section 3319.39 of the Revised Code. Upon	934
receipt of a request, the bureau shall conduct the criminal	935
records check in accordance with section 109.572 of the Revised	936
Code as if the request had been made under section 3319.39 of the	937
Revised Code.	938

Notwithstanding division (H) of section 109.57 of the Revised	939
Code, the private company may share the results of any criminal	940
records check conducted under this division with the designated	941
official for the purpose of complying with division (C)(1) of this	942
section, but in no case shall the designated official release that	943
information to any other person.	944

Sec. 3314.99. (A) Whoever violates division (F) of section	945
3314.40 of the Revised Code shall be punished as follows:	946

(1) Except as otherwise provided in division (A)(2) of this	947
section, the person is guilty of a misdemeanor of the fourth	948
degree.	949

(2) The person is guilty of a misdemeanor of the first degree	950
if both of the following conditions apply:	951

(a) The employee who is the subject of the report that the	952
person fails to submit was required to be reported for the	953
commission or alleged commission of an act or offense involving	954
the infliction on a child of any physical or mental wound,	955
injury, disability, or condition of a nature that constitutes	956
abuse or neglect of the child;	957

(b) During the period between the violation of division (F)	958
of section 3314.40 of the Revised Code and the conviction of or	959
plea of guilty by the person for that violation, the employee who	960
is the subject of the report that the person fails to submit	961
inflicts on any child attending a school district, educational	962
service center, public or nonpublic school, or county board of	963
mental retardation and developmental disabilities where the	964
employee works any physical or mental wound, injury, disability,	965
or condition of a nature that constitutes abuse or neglect of the	966
child.	967

(B) Whoever violates division (B) of section 3314.403 of the	968
Revised Code is guilty of a misdemeanor of the first degree.	969

Sec. 3319.01.  Except in an island school district, where the	970
superintendent of an educational service center otherwise may	971
serve as superintendent of the district and except as otherwise	972
provided for any cooperative education school district pursuant to	973
division (B)(2) of section 3311.52 or division (B)(3) of section	974
3311.521 of the Revised Code, the board of education in each	975
school district and the governing board of each service center	976
shall, at a regular or special meeting held not later than the	977
first day of May of the calendar year in which the term of the	978
superintendent expires, appoint a person possessed of the	979
qualifications provided in this section to act as superintendent,	980
for a term not longer than five years beginning the first day of	981
August and ending on the thirty-first day of July. Such	982
superintendent is, at the expiration of a current term of	983
employment, deemed reemployed for a term of one year at the same	984
salary plus any increments that may be authorized by the board,	985
unless such board, on or before the first day of March of the year	986
in which the contract of employment expires, either reemploys the	987
superintendent for a succeeding term as provided in this section	988
or gives to the superintendent written notice of its intention not	989
to reemploy the superintendent. A superintendent may not be	990
transferred to any other position during the term of the	991
superintendent's employment or reemployment except by mutual	992
agreement by the superintendent and the board. If a vacancy occurs	993
in the office of superintendent, the board shall appoint a	994
superintendent for a term not to exceed five years from the next	995
preceding first day of August.	996

A board may at any regular or special meeting held during the	997
period beginning on the first day of January of the calendar year	998
immediately preceding the year the contract of employment of a	999
superintendent expires and ending on the first day of March of the	1000
year it expires, reemploy such superintendent for a succeeding	1001
term for not longer than five years, beginning on the first day	1002
of August immediately following the expiration of the	1003
superintendent's current term of employment and ending on the	1004
thirty-first day of July of the year in which such succeeding term	1005
expires. No person shall be appointed to the office of	1006
superintendent of a city, or exempted village school district or a	1007
service center who does not hold a license designated for being a	1008
superintendent issued under section 3319.22 of the Revised Code,	1009
unless such person had been employed as a county, city, or	1010
exempted village superintendent prior to August 1, 1939. No person	1011
shall be appointed to the office of local superintendent who does	1012
not hold a license designated for being a superintendent issued	1013
under section 3319.22 of the Revised Code, unless such person held	1014
or was qualified to hold the position of executive head of a local	1015
school district on September 16, 1957. At the time of making such	1016
appointment or designation of term, such board shall fix the	1017
compensation of the superintendent, which may be increased or	1018
decreased during such term, provided such decrease is a part of a	1019
uniform plan affecting salaries of all employees of the district,	1020
and shall execute a written contract of employment with such	1021
superintendent.	1022

Each board shall adopt procedures for the evaluation of its	1023
superintendent and shall evaluate its superintendent in accordance	1024
with those procedures. An evaluation based upon such procedures	1025
shall be considered by the board in deciding whether to renew the	1026
superintendent's contract. The establishment of an evaluation	1027
procedure shall not create an expectancy of continued employment.	1028
Nothing in this section shall prevent a board from making the	1029
final determination regarding the renewal or failure to renew of a	1030
superintendent's contract.	1031

Termination of a superintendent's contract shall be pursuant	1032
to section 3319.16 of the Revised Code.	1033

A board may establish vacation leave for its superintendent.	1034
Upon the superintendent's separation from employment a board that	1035
has such leave may provide compensation at the superintendent's	1036
current rate of pay for all lawfully accrued and unused vacation	1037
leave to the superintendent's credit at the time of separation,	1038
not to exceed the amount accrued within three years before the	1039
date of separation. In case of the death of a superintendent, such	1040
unused vacation leave as the board would have paid to this	1041
superintendent upon separation shall be paid in accordance with	1042
section 2113.04 of the Revised Code, or to the superintendent's	1043
estate.	1044

Notwithstanding section 9.481 of the Revised Code, the board	1045
of a city, local, exempted village, or joint vocational school	1046
district may require its superintendent, as a condition of	1047
employment, to reside within the boundaries of the district.	1048

The superintendent shall be the executive officer for the	1049
board. TheSubject to section 3319.40 of the Revised Code, the	1050
superintendent shall direct and assign teachers and other	1051
employees of the district or service center, except as provided in	1052
division (B) of section 3313.31 and section 3319.04 of the Revised	1053
Code;. The superintendent shall assign the pupils to the proper	1054
schools and grades, provided that the assignment of a pupil to a	1055
school outside of the pupil's district of residence is approved by	1056
the board of the district of residence of such pupil; and. The	1057
superintendent shall perform such other duties as the board	1058
determines.	1059

The board of education of any school district may contract	1060
with the governing board of the educational service center from	1061
which it otherwise receives services to conduct searches and	1062
recruitment of candidates for the superintendent position	1063
authorized under this section.	1064

Sec. 3319.20. (A) Whenever an employee of a board of	1065
education, other than an employee who is a license holder to whom	1066
section 3319.52 of the Revised Code applies, is convicted of or	1067
pleads guilty to a felony, a violation of section 2907.04 or	1068
2907.06 or of division (A) or (B) of section 2907.07 of the	1069
Revised Code, an offense of violence, theft offense, or drug abuse	1070
offense that is not a minor misdemeanor, or a violation of an	1071
ordinance of a municipal corporation that is substantively	1072
comparable to a felony or to a violation or offense of that	1073
nature, or if the employee has been found to be eligible for	1074
intervention in lieu of conviction or has agreed to participate in	1075
a pre-trial diversion program for one of those offenses, the	1076
prosecutor in the case, on forms prescribed and furnished by the	1077
state board of education, shall notify the employing board of	1078
education of the employee's name and residence address, the fact	1079
that the employee was convicted of or, pleaded guilty to, has been	1080
found eligible for intervention in lieu of conviction for, or has	1081
agreed to a diversion program for the specified offense, the	1082
section of the Revised Code or the municipal ordinance violated,	1083
and the sentence imposed by the court.	1084

The(B) In the case of a conviction or guilty plea, the	1085
prosecutor shall give the notification required by this section no	1086
earlier than the fifth day following the expiration of the period	1087
within which the employee may file a notice of appeal from the	1088
judgment of the trial court under Appellate Rule 4(B) and no later	1089
than the eighth day following the expiration of that period. The	1090
notification also shall indicate whether the employee appealed the	1091
conviction, and, if applicable, the court in which the appeal will	1092
be heard. If the employee is permitted, by leave of court pursuant	1093
to Appellate Rule 5, to appeal the judgment of the trial court	1094
subsequent to the expiration of the period for filing a notice of	1095
appeal under Appellate Rule 4(B), the prosecutor promptly shall	1096
notify the employing board of education of the appeal and the	1097
court in which the appeal will be heard.	1098

(C) In the case of a finding of eligibility for intervention	1099
in lieu of conviction or an agreement to participate in a	1100
pre-trial diversion program, the prosecutor shall give the	1101
notification required by this section by a deadline prescribed by	1102
the state board.	1103

(D) As used in this section, "theft offense" has the same	1104
meaning as in section 2913.01 of the Revised Code, "drug:	1105

(1) "Drug abuse offense" has the same meaning as in section	1106
2925.01 of the Revised Code, and "prosecutor".	1107

(2) "Intervention in lieu of conviction" means intervention	1108
in lieu of conviction under section 2951.041 of the Revised Code.	1109

(3) "Pre-trial diversion program" means a pre-trial diversion	1110
program under section 2935.36 of the Revised Code or a similar	1111
diversion program under rules of a court.	1112

(4) "Prosecutor" has the same meaning as in section 2935.01	1113
of the Revised Code.	1114

(5) "Theft offense" has the same meaning as in section	1115
2913.01 of the Revised Code.	1116

Sec. 3319.291.  (A) The state board of education shall	1117
require each of the following persons, at the times prescribed by	1118
division (A) of this section, to submit two complete sets of	1119
fingerprints and written permission that authorizes the	1120
superintendent of public instruction to forward the fingerprints	1121
to the bureau of criminal identification and investigation	1122
pursuant to division (F) of section 109.57 of the Revised Code and	1123
that authorizes that bureau to forward the fingerprints to the	1124
federal bureau of investigation for purposes of obtaining any	1125
criminal records that the federal bureau maintains on the person:	1126

(1) Any person initially applying for any certificate,	1127
license, or permit described in this chapter or in division (B) of	1128
section 3301.071 or in section 3301.074 of the Revised Code at	1129
the time that application is made;	1130

(2) Any person applying for renewal of any certificate,	1131
license, or permit described in division (A)(1) of this section at	1132
the time that application is made;	1133

(3) Any person who is teaching under a professional teaching	1134
certificate issued under former section 3319.22 or under section	1135
3319.222 of the Revised Code upon a date prescribed by the state	1136
board that is not later than five years after the date that the	1137
certificate was issued or renewed;	1138

(4) Any person who is teaching under a permanent teaching	1139
certificate issued under former section 3319.22 or under section	1140
3319.222 of the Revised Code upon a date prescribed by the state	1141
board and every five years thereafter.	1142

(B) Except as provided in division (C) of this section, prior	1143
to issuing or renewing any certificate, license, or permit	1144
described in division (A)(1) or (2) of this section and in the	1145
case of a person required to submit fingerprints and written	1146
permission under division (A)(3) or (4) of this section, the state	1147
board or the superintendent of public instruction shall request	1148
the superintendent of the bureau of criminal identification and	1149
investigation to investigate and determine whether the bureau has	1150
any information, gathered pursuant to division (A) of section	1151
109.57 of the Revised Code, pertaining to any person submitting	1152
fingerprints and written permission under this section and to	1153
obtain any criminal records that the federal bureau of	1154
investigation has on the person.	1155

(C) The state board or the superintendent of public	1156
instruction may choose not to request any information required by	1157
division (B) of this section if the person applying for the	1158
issuance or renewal of a certificate, license, or permit described	1159
in division (A)(1) or (2) of this section or the person required	1160
to submit fingerprints and written permission under division	1161
(A)(3) or (4) of this section provides proof that a criminal	1162
records check was conducted on the person as a condition of	1163
employment pursuant to section 3319.39 of the Revised Code within	1164
the immediately preceding year. The state board or the	1165
superintendent of public instruction may accept a certified copy	1166
of records that were issued by the bureau of criminal	1167
identification and investigation and that are presented by a	1168
person applying for the issuance or renewal of a certificate,	1169
license, or permit described in this section in lieu of requesting	1170
that information under division (B) of this section if the records	1171
were issued by the bureau within the immediately preceding year.	1172

(D)(1) If a person described in division (A)(3) or (4) of	1173
this section fails to submit fingerprints and written permission	1174
by the date specified in the applicable division, and the state	1175
board or the superintendent of public instruction does not apply	1176
division (C) of this section to the person, the superintendent	1177
shall prepare a written notice stating that if the person does not	1178
submit the fingerprints and written permission within fifteen days	1179
after the date the notice was mailed, the person's professional or	1180
permanent teaching certificate will be inactivated. The	1181
superintendent shall send the notification by regular mail to the	1182
person's last known residence address or last known place of	1183
employment, as indicated in the department of education's records,	1184
or both.	1185

If the person fails to submit the fingerprints and written	1186
permission within fifteen days after the date the notice was	1187
mailed, the superintendent of public instruction, on behalf of the	1188
state board, shall issue a written order inactivating the person's	1189
professional or permanent teaching certificate. The inactivation	1190
shall remain in effect until the person submits the fingerprints	1191
and written permission. The superintendent shall send the order by	1192
regular mail to the person's last known residence address or last	1193
known place of employment, as indicated in the department's	1194
records, or both. The order shall state the reason for the	1195
inactivation and shall explain that the inactivation remains in	1196
effect until the person complies with division (A) of this	1197
section.	1198

The inactivation of a professional or permanent teaching	1199
certificate under division (D)(1) of this section does not	1200
constitute a suspension or revocation of the certificate by the	1201
state board under section 3319.31 of the Revised Code and the	1202
state board and the superintendent of public instruction need not	1203
provide the person with an opportunity for a hearing with respect	1204
to the inactivation.	1205

(2) If a person whose professional or permanent teaching	1206
certificate has been inactivated under division (D)(1) of this	1207
section submits fingerprints and written permission as required by	1208
division (A) of this section, the superintendent of public	1209
instruction, on behalf of the state board, shall issue a written	1210
order reactivating the certificate. The superintendent shall send	1211
the order to the person by regular mail.	1212

Sec. 3319.292. As used in this section, "license" has the	1213
same meaning as in section 3319.31 of the Revised Code.	1214

The state board of education and the department of education	1215
may question an applicant for issuance or renewal of any license	1216
with respect to any criminal offense committed or alleged to have	1217
been committed by the applicant. If the record of a conviction,	1218
plea of guilty, bail forfeiture, or other disposition of a	1219
criminal offense committed or alleged to have been committed by	1220
the applicant has been sealed or expunged, the state board and the	1221
department need not assert or demonstrate that its questioning	1222
with respect to the offense bears a direct and substantial	1223
relationship to the issuance or renewal of the license or to the	1224
position in which the applicant will work under the license.	1225

Any questions regarding a record of a conviction, plea of	1226
guilty, bail forfeiture, or other disposition of a criminal	1227
offense committed or alleged to have been committed by the	1228
applicant that has been sealed or expunged and the responses of	1229
the applicant to such questions shall not be a public record under	1230
section 149.43 of the Revised Code.	1231

Sec. 3319.302. It is the intent of the general assembly that	1232
the state board of education shall administer this section without	1233
adopting any rules for its implementation.	1234

Unless the provisions of division (B) or, (C), or (F) of	1235
section 3319.31 of the Revised Code apply to an applicant, the	1236
state board of education shall issue a one-year conditional	1237
teaching permit for teaching in grades seven to twelve to any	1238
applicant who meets the following conditions:	1239

(A) Holds a bachelor's degree;

1240

(B) Has successfully completed a basic skills test as	1241
prescribed by the state board;	1242

(C) Has completed either as part of the applicant's degree	1243
program or separate from it the equivalent of at least fifteen	1244
semester hours of coursework in the teaching area or subject area	1245
in which licensure under this section is sought;	1246

(D) Has completed the equivalent of a total of six semester	1247
hours of additional coursework within the past five years with a	1248
grade point average of at least 2.5 out of 4.0, or its equivalent,	1249
in the areas of the teaching or subject area described in division	1250
(C) of this section, characteristics of student learning,	1251
diversity of learners, planning for instruction, instruction	1252
strategies, learning environments, communication, assessment, or	1253
student support and that coursework has been approved by the	1254
school district, community school, chartered nonpublic school, or	1255
nonprofit or for-profit entity operating an alternative school	1256
under section 3313.533 of the Revised Code that will employ the	1257
applicant. The coursework may have been completed through classes	1258
developed and offered by regional professional development	1259
providers, such as special education regional resource centers,	1260
regional professional development centers, educational service	1261
centers, local educational agencies, professional organizations,	1262
and institutions of higher education, provided the coursework is	1263
taken for credit in collaboration with a college or university	1264
that has a teacher education program approved by the state board.	1265

(E) The applicant has entered into a written agreement with	1266
the school district; community school; chartered nonpublic school;	1267
or nonprofit or for profit entity operating an alternative school	1268
under section 3313.533 of the Revised Code that will employ the	1269
applicant and the department of education under which the	1270
district, school, or entity will provide for the applicant a	1271
structured mentoring program in the areas listed in division (D)	1272
of this section that is aligned with the performance expectations	1273
prescribed by state board rule for entry-year teachers.	1274

(F) The applicant agrees to complete while employed under the	1275
one-year teaching permit the equivalent of an additional three	1276
semester hours of coursework in the teaching area or subject area	1277
in which the individual is teaching and for which the individual	1278
will seek an alternative educator license pursuant to division (G)	1279
of this section. The individual's mentor prescribed in division	1280
(E) of this section shall assist the individual in selecting	1281
coursework to satisfy the requirement prescribed in this division.	1282
The coursework may be completed through classes offered by	1283
regional professional development providers, such as special	1284
education regional resource centers, regional professional	1285
development centers, educational service centers, local	1286
educational agencies, professional organizations, and institutions	1287
of higher education, if the coursework is taken for credit in	1288
collaboration with a college or university that has a teacher	1289
education program approved by the state board.	1290

(G) The applicant agrees to seek at the conclusion of the	1291
year in which the individual is employed under the one-year	1292
teaching permit issued under this section an alternative educator	1293
license issued under section 3319.26 of the Revised Code in the	1294
teaching area or subject area in which the individual has been	1295
teaching and plans to continue to teach. The applicant shall not	1296
be reemployed by the school district; community school; chartered	1297
nonpublic school; or nonprofit or for profit entity operating an	1298
alternative school under section 3313.533 of the Revised Code or	1299
be employed by another such district, school, or entity unless	1300
that alternative educator license is issued to the applicant prior	1301
to the beginning of the next school year.	1302

(H) The applicant pays the fee established under section	1303
3319.51 of the Revised Code.	1304

Sec. 3319.304.  Unless the provisions of division (B) or,	1305
(C), or (F) of section 3319.31 of the Revised Code apply to an	1306
applicant, the state board of education shall issue a one-year	1307
conditional teaching permit in the area of intervention	1308
specialist, as defined by rule of the state board, to any	1309
applicant who meets the following conditions:	1310

(A) Holds a bachelor's degree;

1311

(B) Has successfully completed a basic skills test as	1312
prescribed by the state board;	1313

(C) Has completed either as part of the applicant's degree	1314
program or separate from it the equivalent of at least fifteen	1315
semester hours of coursework in the principles and practices of	1316
teaching exceptional children, including such topics as child and	1317
adolescent development, diagnosis and assessment of children with	1318
disabilities, curriculum design and instruction, applied	1319
behavioral analysis, and how to best teach students from	1320
culturally diverse backgrounds with different learning styles;	1321

(D) The applicant has entered into a written agreement with	1322
the department of education and the school district, community	1323
school, or nonprofit or for profit entity operating an alternative	1324
school under section 3313.533 of the Revised Code that will employ	1325
the applicant under which the district, school, or entity will	1326
provide for the applicant a structured mentoring program in the	1327
teaching of exceptional children that is aligned with the	1328
performance expectations prescribed by state board rule for	1329
entry-year teachers.	1330

(E) The applicant agrees to complete while employed under the	1331
one-year teaching permit the equivalent of an additional three	1332
semester hours of coursework in the content and methods of	1333
teaching reading. The coursework may be completed through classes	1334
offered by regional professional development providers, such as	1335
special education regional resource centers, regional professional	1336
development centers, educational service centers, local	1337
educational agencies, professional organizations, and institutions	1338
of higher education, if the coursework is taken for credit in	1339
collaboration with a college or university that has a teacher	1340
education program approved by the state board.	1341

(F) The applicant agrees to seek at the conclusion of the	1342
year in which the individual is employed under the one-year	1343
teaching permit issued under this section an alternative educator	1344
license issued under section 3319.26 of the Revised Code in the	1345
area of intervention specialist. The applicant shall not be	1346
reemployed by the school district, community school, or nonprofit	1347
or for profit entity operating an alternative school under section	1348
3313.533 of the Revised Code or be employed by another such	1349
district, school, or entity unless that alternative educator	1350
license is issued to the applicant prior to the beginning of the	1351
next school year.	1352

(G) The applicant pays the fee established under section	1353
3319.51 of the Revised Code.	1354

Sec. 3319.31.  (A) As used in this section and sections	1355
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	1356
means a certificate, license, or permit described in this chapter	1357
or in division (B) of section 3301.071 or in section 3301.074 of	1358
the Revised Code.	1359

(B) For any of the following reasons, the state board of	1360
education, in accordance with Chapter 119. and section 3319.311 of	1361
the Revised Code, may refuse to issue a license to an applicant;	1362
may limit a license it issues to an applicant; may suspend,	1363
revoke, or limit a license that has been issued to any person; or	1364
may revoke a license that has been issued to any person and has	1365
expired:	1366

(1) Engaging in an immoral act, incompetence, negligence, or	1367
conduct that is unbecoming to the applicant's or person's	1368
position;	1369

(2) A plea of guilty to, a finding of guilt by a jury or	1370
court of, or a conviction of any of the following:	1371

(a) A felony other than a felony listed in division (C) of	1372
this section;	1373

(b) A violation of section 2907.04 or 2907.06 or division (A)	1374
or (B) of section 2907.07 of the Revised Code;	1375

(c) An offense of violence other than an offense of violence	1376
listed in division (C) of this section;	1377

(d)(c) A theft offense, as defined in section 2913.01 of the	1378
Revised Code, other than a theft offense listed in division (C) of	1379
this section;	1380

(e)(d) A drug abuse offense, as defined in section 2925.01 of	1381
the Revised Code, that is not a minor misdemeanor, other than a	1382
drug abuse offense listed in division (C) of this section;	1383

(f)(e) A violation of an ordinance of a municipal corporation	1384
that is substantively comparable to an offense listed in divisions	1385
(B)(2)(a) to (e)(d) of this section.	1386

(3) A judicial finding of eligibility for intervention in	1387
lieu of conviction under section 2951.041 of the Revised Code, or	1388
agreeing to participate in a pre-trial diversion program under	1389
section 2935.36 of the Revised Code, or a similar diversion	1390
program under rules of a court, for any offense listed in division	1391
(B)(2) or (C) of this section;	1392

(4) Failure to comply with section 3314.40, 3319.313,	1393
3326.24, or 5126.253 of the Revised Code.	1394

(C) Upon learning of a plea of guilty to, a finding of guilt	1395
by a jury or court of, or a conviction of any of the offenses	1396
listed in this division by a person who holds a current or	1397
expired license or is an applicant for a license or renewal of a	1398
license, the state board or the superintendent of public	1399
instruction, if the state board has delegated the duty pursuant	1400
to division (D) of this section, shall by a written order revoke	1401
the person's license or deny issuance or renewal of the license	1402
to the person. The state board or the superintendent shall revoke	1403
a license that has been issued to a person to whom this division	1404
applies and has expired in the same manner as a license that has	1405
not expired.	1406

Revocation of a license or denial of issuance or renewal of a	1407
license under this division is effective immediately at the time	1408
and date that the board or superintendent issues the written order	1409
and is not subject to appeal in accordance with Chapter 119. of	1410
the Revised Code. Revocation of a license or denial of issuance or	1411
renewal of license under this division remains in force during the	1412
pendency of an appeal by the person of the plea of guilty, finding	1413
of guilt, or conviction that is the basis of the action taken	1414
under this division.	1415

The state board or superintendent shall take the action	1416
required by this division for a violation of division (B)(1), (2),	1417
(3), or (4) of section 2919.22 of the Revised Code; a violation of	1418
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	1419
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	1420
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	1421
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	1422
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	1423
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	1424
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	1425
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	1426
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	1427
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	1428
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	1429
of the Revised Code; a violation of section 2905.04 of the Revised	1430
Code as it existed prior to July 1, 1996; a violation of section	1431
2919.23 of the Revised Code that would have been a violation of	1432
section 2905.04 of the Revised Code as it existed prior to July 1,	1433
1996, had the violation been committed prior to that date;	1434
felonious sexual penetration in violation of former section	1435
2907.12 of the Revised Code; or a violation of an ordinance of a	1436
municipal corporation that is substantively comparable to an	1437
offense listed in this paragraph.	1438

(D) The state board may delegate to the superintendent of	1439
public instruction the authority to revoke a person's license or	1440
to deny issuance or renewal of a license to a person under	1441
division (C) or (F) of this section.	1442

(E)(1) If the plea of guilty, finding of guilt, or conviction	1443
that is the basis of the action taken under division (B)(2) or (C)	1444
of this section, or under the version of division (F) of section	1445
3319.311 of the Revised Code in effect prior to the effective date	1446
of this amendment, is overturned on appeal, upon exhaustion of the	1447
criminal appeal, the clerk of the court that overturned the plea,	1448
finding, or conviction or, if applicable, the clerk of the court	1449
that accepted an appeal from the court that overturned the plea,	1450
finding, or conviction, shall notify the state board that the	1451
plea, finding, or conviction has been overturned. Within thirty	1452
days after receiving the notification, the state board shall	1453
initiate proceedings to reconsider the revocation or denial of the	1454
person's license in accordance with division (E)(2) of this	1455
section. In addition, the person whose license was revoked or	1456
denied may file with the state board a petition for	1457
reconsideration of the revocation or denial along with	1458
appropriate court documents.	1459

(2) Upon receipt of a court notification or a petition and	1460
supporting court documents under division (E)(1) of this section,	1461
the state board, after offering the person an opportunity for an	1462
adjudication hearing under Chapter 119. of the Revised Code,	1463
shall determine whether the person committed the act in question	1464
in the prior criminal action against the person that is the	1465
basis of the revocation or denial and may continue the	1466
revocation or denial, may reinstate the person's license, with	1467
or without limits, or may grant the person a new license, with	1468
or without limits. The decision of the board shall be based on	1469
grounds for revoking, denying, suspending, or limiting a license	1470
adopted by rule under division (G) of this section and in	1471
accordance with the evidentiary standards the board employs for	1472
all other licensure hearings. The decision of the board under	1473
this division is subject to appeal under Chapter 119. of the	1474
Revised Code.	1475

(3) A person whose license is revoked or denied under	1476
division (C) of this section shall not apply for any license if	1477
the plea of guilty, finding of guilt, or conviction that is the	1478
basis of the revocation or denial, upon completion of the criminal	1479
appeal, either is upheld or is overturned but the state board	1480
continues the revocation or denial under division (E)(2) of this	1481
section and that continuation is upheld on final appeal.	1482

(F) The state board may take action under division (B) of	1483
this section, and the state board or the superintendent shall take	1484
the action required under division (C) of this section, on the	1485
basis of substantially comparable conduct occurring in a	1486
jurisdiction outside this state or occurring before a person	1487
applies for or receives any license.	1488

(D)(G) The state board may adopt rules in accordance with	1489
Chapter 119. of the Revised Code to carry out this section and	1490
section 3319.311 of the Revised Code.	1491

Sec. 3319.311.  (A)(1) The state board of education, or the	1492
superintendent of public instruction on behalf of the board, may	1493
investigate any information received about a person that	1494
reasonably appears to be a basis for action under section 3319.31	1495
of the Revised Code, including information received pursuant to	1496
section 3314.40, 3319.291, 3319.313, 3326.24, 5126.253, or	1497
5153.176 of the Revised Code. TheExcept as provided in division	1498
(A)(2) of this section, the board shall contract with the office	1499
of the Ohio attorney general to conduct any investigation of that	1500
nature. The board shall pay for the costs of the contract only	1501
from moneys in the state board of education licensure fund	1502
established under section 3319.51 of the Revised Code. All	1503
Except as provided in division (A)(2) of this section, all	1504
information received pursuant to section 3314.40, 3319.291,	1505
3319.313, 3326.24, 5126.253, or 5153.176 of the Revised Code, and	1506
all information obtained during an investigation is confidential	1507
and is not a public record under section 149.43 of the Revised	1508
Code. If an investigation is conducted under this division	1509
regarding information received about a person and no action is	1510
taken against the person under this section or section 3319.31 of	1511
the Revised Code within two years of the completion of the	1512
investigation, all records of the investigation shall be expunged.	1513

(2) In the case of a person about whom the board has learned	1514
of a plea of guilty to, finding of guilt by a jury or court of,	1515
or a conviction of an offense listed in division (C) of section	1516
3319.31 of the Revised Code, or substantially comparable conduct	1517
occurring in a jurisdiction outside this state, the board or the	1518
superintendent of public instruction need not conduct any further	1519
investigation and shall take the action required by division (C)	1520
or (F) of that section. Except as provided in division (G) of	1521
this section, all information obtained by the board or the	1522
superintendent of public instruction pertaining to the action is	1523
a public record under section 149.43 of the Revised Code.	1524

(B) The superintendent of public instruction shall review the	1525
results of each investigation of a person conducted under division	1526
(A)(1) of this section and shall determine, on behalf of the state	1527
board, whether the results warrant initiating action under	1528
division (B) of section 3319.31 of the Revised Code. The	1529
superintendent shall advise the board of such determination at a	1530
meeting of the board. Within fourteen days of the next meeting of	1531
the board, any member of the board may ask that the question of	1532
initiating action under section 3319.31 of the Revised Code be	1533
placed on the board's agenda for that next meeting. Prior to	1534
initiating that action against any person, the person's name and	1535
any other personally identifiable information shall remain	1536
confidential.	1537

(C) The board shall take no action against a person under	1538
division (B) of section 3319.31 of the Revised Code without	1539
providing the person with written notice of the charges and with	1540
an opportunity for a hearing in accordance with Chapter 119. of	1541
the Revised Code.	1542

(D) For purposes of an investigation under division (A)(1) of	1543
this section or a hearing under division (C) of this section or	1544
under division (E)(2) of section 3319.31 of the Revised Code, the	1545
board, or the superintendent on behalf of the board, may	1546
administer oaths, order the taking of depositions, issue	1547
subpoenas, and compel the attendance of witnesses and the	1548
production of books, accounts, papers, records, documents, and	1549
testimony. The issuance of subpoenas under this division may be by	1550
certified mail or personal delivery to the person.	1551

(E) The superintendent, on behalf of the board, may enter	1552
into a consent agreement with a person against whom action is	1553
being taken under division (B) of section 3319.31 of the Revised	1554
Code. The board may adopt rules governing the superintendent's	1555
action under this division.	1556

(F) The board automatically may suspend any license without a	1557
prior hearing if the license holder is convicted of or pleads	1558
guilty to one or more of the following offenses or a violation of	1559
an ordinance of a municipal corporation or a law of another state	1560
that is substantially comparable to one of the following offenses:	1561
aggravated murder; murder; aggravated arson; aggravated robbery;	1562
aggravated burglary; voluntary manslaughter; felonious assault;	1563
kidnapping; rape; sexual battery; gross sexual imposition; or	1564
unlawful sexual conduct with a minor. A suspension under this	1565
division is effective on the date of the conviction or guilty	1566
plea.	1567

For a suspension under this division, the board, in	1568
accordance with section 119.07 of the Revised Code, shall issue a	1569
written order of suspension to the license holder by certified	1570
mail or in person and shall afford the person a hearing upon	1571
request. If the person does not request a hearing within the time	1572
limits established by that section, the board shall enter a final	1573
order revoking the person's license. An order of suspension under	1574
this division is not subject to suspension by a court during the	1575
pendency of an appeal filed under section 119.12 of the Revised	1576
Code.	1577

An order of suspension under this division shall remain in	1578
effect, unless reversed on appeal, until the final order of the	1579
board, issued pursuant to this section and Chapter 119. of the	1580
Revised Code, becomes effective. The board shall issue a final	1581
order within sixty days of the date of an order of suspension	1582
under this division or a hearing on an order of suspension,	1583
whichever is later. If the board fails to issue a final order by	1584
that deadline, the order of suspension is dissolved. No	1585
dissolution of an order of suspension under this division shall	1586
invalidate a subsequent final order of the board.	1587

(G) No surrender of a license shall be effective until the	1588
board takes action to accept the surrender unless the surrender is	1589
pursuant to a consent agreement entered into under division (E) of	1590
this section.	1591

(G) The name of any person who is not required to report	1592
information under section 3314.40, 3319.313, 3326.24, 5126.253, or	1593
5153.176 of the Revised Code, but who in good faith provides	1594
information to the state board or superintendent of public	1595
instruction about alleged misconduct committed by a person who	1596
holds a license or has applied for issuance or renewal of a	1597
license, shall be confidential and shall not be released. Any such	1598
person shall be immune from any civil liability that otherwise	1599
might be incurred or imposed for injury, death, or loss to person	1600
or property as a result of the provision of that information.	1601

(H)(1) No person shall knowingly make a false report to the	1602
superintendent of public instruction or the state board of	1603
education alleging misconduct by an employee of a public or	1604
chartered nonpublic school or an employee of the operator of a	1605
community school established under Chapter 3314. of the Revised	1606
Code.	1607

(2)(a) In any civil action brought against a person in which	1608
it is alleged and proved that the person violated division (H)(1)	1609
of this section, the court shall award the prevailing party	1610
reasonable attorney's fees and costs that the prevailing party	1611
incurred in the civil action or as a result of the false report	1612
that was the basis of the violation.	1613

(b) If a person is convicted of or pleads guilty to a	1614
violation of division (H)(1) of this section, if the subject of	1615
the false report that was the basis of the violation was charged	1616
with any violation of a law or ordinance as a result of the false	1617
report, and if the subject of the false report is found not to be	1618
guilty of the charges brought against the subject as a result of	1619
the false report or those charges are dismissed, the court that	1620
sentences the person for the violation of division (H)(1) of this	1621
section, as part of the sentence, shall order the person to pay	1622
restitution to the subject of the false report, in an amount equal	1623
to reasonable attorney's fees and costs that the subject of the	1624
false report incurred as a result of or in relation to the	1625
charges.	1626

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

1627

(1) "Conduct unbecoming to the teaching profession" shall be	1628
as described in rules adopted by the state board of education.	1629

(2) "Intervention in lieu of conviction" means intervention	1630
in lieu of conviction under section 2951.041 of the Revised Code.	1631

(3) "License" has the same meaning as in section 3319.31 of	1632
the Revised Code.	1633

(4) "Pre-trial diversion program" means a pre-trial diversion	1634
program under section 2935.36 of the Revised Code or a similar	1635
diversion program under rules of a court.	1636

(B) The board of educationsuperintendent of each school	1637
district, the governing board ofand each educational service	1638
center or the president of the district or service center board,	1639
if division (C)(1) of this section applies, and the chief	1640
administrator of each chartered nonpublic school or the president	1641
or chairperson of the governing authority of the nonpublic school,	1642
if division (C)(2) of this section applies, shall promptly submit	1643
to the superintendent of public instruction the information	1644
prescribed in division (C)(D) of this section when any of the	1645
following conditions applyapplies to an employee of the	1646
district, service center, or nonpublic school who holds a license	1647
issued by the state board of education:	1648

(1) The board of education, governing board, or	1649
superintendent, chief administrator, president, or chairperson	1650
knows that the employee has pleaded guilty to, has been found	1651
guilty by a jury or court of, or has been convicted of, has been	1652
found to be eligible for intervention in lieu of conviction for,	1653
or has agreed to participate in a pre-trial diversion program for	1654
an offense described in division (B)(2) or (C) of section 3319.31	1655
or division (B)(1) of section 3319.39 of the Revised Code;	1656

(2) The district board of education, service center governing	1657
board, or nonpublic school chief administrator or governing	1658
authority has initiated termination or nonrenewal proceedings	1659
against, has terminated, or has not renewed the contract of the	1660
employee because the board of education, governing board, or	1661
chief administrator has reasonably determined that the employee	1662
has committed an act that is unbecoming to the teaching	1663
profession or an offense described in division (B)(2) or (C) of	1664
section 3319.31 or division (B)(1) of section 3319.39 of the	1665
Revised Code;	1666

(3) The employee has resigned under threat of termination or	1667
nonrenewal as described in division (B)(2) of this section;	1668

(4) The employee has resigned because of or in the course of	1669
an investigation by the board of education, governing board, or	1670
chief administrator regarding whether the employee has committed	1671
an act that is unbecoming to the teaching profession or an offense	1672
described in division (B)(2) or (C) of section 3319.31 or division	1673
(B)(1) of section 3319.39 of the Revised Code.	1674

(C)(1) If the employee to whom any of the conditions	1675
prescribed in divisions (B)(1) to (4) of this section applies is	1676
the superintendent or treasurer of a school district or	1677
educational service center, the president of the board of	1678
education of the school district or of the governing board of the	1679
educational service center shall make the report required under	1680
this section.	1681

(2) If the employee to whom any of the conditions prescribed	1682
in divisions (B)(1) to (4) of this section applies is the chief	1683
administrator of a chartered nonpublic school, the president or	1684
chairperson of the governing authority of the chartered nonpublic	1685
school shall make the report required under this section.	1686

(D) If a report is required under this section, the board of	1687
education, governing board, orsuperintendent, chief	1688
administrator, president, or chairperson shall submit to the	1689
superintendent of public instruction the name and social security	1690
number of the employee about whom the information is required and	1691
a factual statement regarding any of the conditions prescribed in	1692
divisions (B)(1) to (4) of this section that applyapplies to the	1693
employee.	1694

(D)(E) A determination made by the board of education,	1695
governing board, or chief administrator, or governing authority	1696
as described in division (B)(2) of this section or a termination,	1697
nonrenewal, resignation, or other separation described in	1698
divisions (B)(2) to (4) of this section does not create a	1699
presumption of the commission or lack of the commission by the	1700
employee of an act unbecoming to the teaching profession or an	1701
offense described in division (B)(2) or (C) of section 3319.31 or	1702
division (B)(1) of section 3319.39 of the Revised Code.	1703

(F) No individual required to submit a report under division	1704
(B) of this section shall knowingly fail to comply with that	1705
division.	1706

(G) An individual who provides information to the	1707
superintendent of public instruction in accordance with this	1708
section in good faith shall be immune from any civil liability	1709
that otherwise might be incurred or imposed for injury, death, or	1710
loss to person or property as a result of the provision of that	1711
information.	1712

Sec. 3319.314.  The board of education of each school	1713
district, the governing board of each educational service center,	1714
and the chief administrator of each chartered nonpublic school	1715
shall require that the reports of any investigation by the	1716
district board of education, service center governing board, or	1717
nonpublic school chief administrator of an employee regarding	1718
whether the employee has committed an act or offense for which the	1719
board of education, governing board,district or service center	1720
superintendent or board president or nonpublic school chief	1721
administrator or governing authority president or chairperson is	1722
required to make a report to the superintendent of public	1723
instruction under section 3319.313 of the Revised Code be kept in	1724
the employee's personnel file. If, after an investigation under	1725
division (A) of section 3319.311 of the Revised Code, the	1726
superintendent of public instruction determines that the results	1727
of that investigation do not warrant initiating action under	1728
section 3319.31 of the Revised Code, the board of education,	1729
governing board, or chief administrator shall require the reports	1730
of the board's or chief administrator's investigation to be moved	1731
from the employee's personnel file to a separate public file.	1732

Sec. 3319.316.  The department of education, on behalf of the	1733
state board of education, shall be a participating public office	1734
for purposes of the retained applicant fingerprint database	1735
established under section 109.5721 of the Revised Code and shall	1736
receive notification from the bureau of criminal identification	1737
and investigation of the arrest or conviction of persons to whom	1738
the state board has issued a license, as defined in section	1739
3319.31 of the Revised Code.	1740

Sec. 3319.317.  (A) As used in this section, "license" has	1741
the same meaning as in section 3319.31 of the Revised Code.	1742

(B) No employee of a school district or educational service	1743
center shall do either of the following:	1744

(1) Knowingly make a false report to the district or service	1745
center superintendent, or the superintendent's designee, alleging	1746
misconduct by another employee of the district or service center;	1747

(2) Knowingly cause the district or service center	1748
superintendent, or the superintendent's designee, to make a false	1749
report of the alleged misconduct to the superintendent of public	1750
instruction or the state board of education.	1751

(C) Any employee of a school district or educational service	1752
center who in good faith reports to the district or service center	1753
superintendent, or the superintendent's designee, information	1754
about alleged misconduct committed by another employee of the	1755
district or service center shall be immune from any civil	1756
liability that otherwise might be incurred or imposed for injury,	1757
death, or loss to person or property as a result of the reporting	1758
of that information.	1759

If the alleged misconduct involves a person who holds a	1760
license but the district or service center superintendent is not	1761
required to submit a report to the superintendent of public	1762
instruction under section 3319.313 of the Revised Code and the	1763
district or service center superintendent, or the superintendent's	1764
designee, in good faith reports the alleged misconduct to the	1765
superintendent of public instruction or the state board, the	1766
district or service center superintendent, or the superintendent's	1767
designee, shall be immune from any civil liability that otherwise	1768
might be incurred or imposed for injury, death, or loss to person	1769
or property as a result of the reporting of that information.	1770

(D) No employee of a chartered nonpublic school shall do	1771
either of the following:	1772

(1) Knowingly make a false report to the chief administrator	1773
of the school, or the chief administrator's designee, alleging	1774
misconduct by another employee of the school;	1775

(2) Knowingly cause the chief administrator, or the chief	1776
administrator's designee, to make a false report of the alleged	1777
misconduct to the superintendent of public instruction or the	1778
state board.	1779

(E) Any employee of a chartered nonpublic school who in good	1780
faith reports to the chief administrator of the school, or the	1781
chief administrator's designee, information about alleged	1782
misconduct committed by another employee of the school shall be	1783
immune from any civil liability that otherwise might be incurred	1784
or imposed for injury, death, or loss to person or property as a	1785
result of the reporting of that information.	1786

If the alleged misconduct involves a person who holds a	1787
license but the chief administrator is not required to submit a	1788
report to the superintendent of public instruction under section	1789
3319.313 of the Revised Code and the chief administrator, or the	1790
chief administrator's designee, in good faith reports the alleged	1791
misconduct to the superintendent of public instruction or the	1792
state board, the chief administrator, or the chief administrator's	1793
designee, shall be immune from any civil liability that otherwise	1794
might be incurred or imposed for injury, death, or loss to person	1795
or property as a result of the reporting of that information.	1796

(F)(1) In any civil action brought against a person in which	1797
it is alleged and proved that the person violated division (B) or	1798
(D) of this section, the court shall award the prevailing party	1799
reasonable attorney's fees and costs that the prevailing party	1800
incurred in the civil action or as a result of the false report	1801
that was the basis of the violation.	1802

(2) If a person is convicted of or pleads guilty to a	1803
violation of division (B) or (D) of this section, if the subject	1804
of the false report that was the basis of the violation was	1805
charged with any violation of a law or ordinance as a result of	1806
the false report, and if the subject of the false report is found	1807
not to be guilty of the charges brought against the subject as a	1808
result of the false report or those charges are dismissed, the	1809
court that sentences the person for the violation of division (B)	1810
or (D) of this section, as part of the sentence, shall order the	1811
person to pay restitution to the subject of the false report, in	1812
an amount equal to reasonable attorney's fees and costs that the	1813
subject of the false report incurred as a result of or in relation	1814
to the charges.	1815

Sec. 3319.39.  (A)(1) Except as provided in division	1816
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	1817
hiring officer of the board of education of a school district, the	1818
governing board of an educational service center, or of a	1819
chartered nonpublic school shall request the superintendent of the	1820
bureau of criminal identification and investigation to conduct a	1821
criminal records check with respect to any applicant who has	1822
applied to the school district, educational service center, or	1823
school for employment in any position. The appointing or hiring	1824
officer shall request that the superintendent include	1825
information from the federal bureau of investigation in the	1826
criminal records check, unless all of the following apply to the	1827
applicant:	1828

(a) The applicant is applying to be an instructor of adult	1829
education.	1830

(b) The duties of the position for which the applicant is	1831
applying do not involve routine interaction with a child or	1832
regular responsibility for the care, custody, or control of a	1833
child or, if the duties do involve such interaction or	1834
responsibility, during any period of time in which the applicant,	1835
if hired, has such interaction or responsibility, another employee	1836
of the school district, educational service center, or chartered	1837
nonpublic school will be present in the same room with the child	1838
or, if outdoors, will be within a thirty-yard radius of the child	1839
or have visual contact with the child.	1840

(c) The applicant presents proof that the applicant has been	1841
a resident of this state for the five-year period immediately	1842
prior to the date upon which the criminal records check is	1843
requested or provides evidence that within that five-year period	1844
the superintendent has requested information about the applicant	1845
from the federal bureau of investigation in a criminal records	1846
check.	1847

(2) A person required by division (A)(1) of this section to	1848
request a criminal records check shall provide to each applicant a	1849
copy of the form prescribed pursuant to division (C)(2)(1) of	1850
section 109.572 of the Revised Code, provide to each applicant a	1851
standard impression sheet to obtain fingerprint impressions	1852
prescribed pursuant to division (C)(2) of section 109.572 of the	1853
Revised Code, obtain the completed form and impression sheet from	1854
each applicant, and forward the completed form and impression	1855
sheet to the superintendent of the bureau of criminal	1856
identification and investigation at the time the person requests	1857
a criminal records check pursuant to division (A)(1) of this	1858
section.	1859

(3) An applicant who receives pursuant to division (A)(2) of	1860
this section a copy of the form prescribed pursuant to division	1861
(C)(1) of section 109.572 of the Revised Code and a copy of an	1862
impression sheet prescribed pursuant to division (C)(2) of that	1863
section and who is requested to complete the form and provide a	1864
set of fingerprint impressions shall complete the form or provide	1865
all the information necessary to complete the form and shall	1866
provide the impression sheet with the impressions of the	1867
applicant's fingerprints. If an applicant, upon request, fails to	1868
provide the information necessary to complete the form or fails to	1869
provide impressions of the applicant's fingerprints, the board of	1870
education of a school district, governing board of an educational	1871
service center, or governing authority of a chartered nonpublic	1872
school shall not employ that applicant for any position.	1873

(B)(1) Except as provided in rules adopted by the department	1874
of education in accordance with division (E) of this section and	1875
as provided in division (B)(3) of this section, no board of	1876
education of a school district, no governing board of an	1877
educational service center, and no governing authority of a	1878
chartered nonpublic school shall employ a person if the person	1879
previously has been convicted of or pleaded guilty to any of the	1880
following:	1881

(a) A violation of section 2903.01, 2903.02, 2903.03,	1882
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1883
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1884
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1885
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1886
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1887
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1888
2925.06, or 3716.11 of the Revised Code, a violation of section	1889
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1890
violation of section 2919.23 of the Revised Code that would have	1891
been a violation of section 2905.04 of the Revised Code as it	1892
existed prior to July 1, 1996, had the violation been committed	1893
prior to that date, a violation of section 2925.11 of the Revised	1894
Code that is not a minor drug possession offense, or felonious	1895
sexual penetration in violation of former section 2907.12 of the	1896
Revised Code;	1897

(b) A violation of an existing or former law of this state,	1898
another state, or the United States that is substantially	1899
equivalent to any of the offenses or violations described in	1900
division (B)(1)(a) of this section.	1901

(2) A board, governing board of an educational service	1902
center, or a governing authority of a chartered nonpublic school	1903
may employ an applicant conditionally until the criminal records	1904
check required by this section is completed and the board or	1905
governing authority receives the results of the criminal records	1906
check. If the results of the criminal records check indicate that,	1907
pursuant to division (B)(1) of this section, the applicant does	1908
not qualify for employment, the board or governing authority shall	1909
release the applicant from employment.	1910

(3) No board and no governing authority of a chartered	1911
nonpublic school shall employ a teacher who previously has been	1912
convicted of or pleaded guilty to any of the offenses listed in	1913
section 3319.31 of the Revised Code.	1914

(C)(1) Each board and each governing authority of a chartered	1915
nonpublic school shall pay to the bureau of criminal	1916
identification and investigation the fee prescribed pursuant to	1917
division (C)(3) of section 109.572 of the Revised Code for each	1918
criminal records check conducted in accordance with that section	1919
upon the request pursuant to division (A)(1) of this section of	1920
the appointing or hiring officer of the board or governing	1921
authority.	1922

(2) A board and the governing authority of a chartered	1923
nonpublic school may charge an applicant a fee for the costs it	1924
incurs in obtaining a criminal records check under this section. A	1925
fee charged under this division shall not exceed the amount of	1926
fees the board or governing authority pays under division (C)(1)	1927
of this section. If a fee is charged under this division, the	1928
board or governing authority shall notify the applicant at the	1929
time of the applicant's initial application for employment of the	1930
amount of the fee and that, unless the fee is paid, the board or	1931
governing authority will not consider the applicant for	1932
employment.	1933

(D) The report of any criminal records check conducted by the	1934
bureau of criminal identification and investigation in accordance	1935
with section 109.572 of the Revised Code and pursuant to a request	1936
under division (A)(1) of this section is not a public record for	1937
the purposes of section 149.43 of the Revised Code and shall not	1938
be made available to any person other than the applicant who is	1939
the subject of the criminal records check or the applicant's	1940
representative, the board or governing authority requesting the	1941
criminal records check or its representative, and any court,	1942
hearing officer, or other necessary individual involved in a case	1943
dealing with the denial of employment to the applicant.	1944

(E) The department of education shall adopt rules pursuant to	1945
Chapter 119. of the Revised Code to implement this section,	1946
including rules specifying circumstances under which the board or	1947
governing authority may hire a person who has been convicted of an	1948
offense listed in division (B)(1) or (3) of this section but who	1949
meets standards in regard to rehabilitation set by the department.	1950

(F) Any person required by division (A)(1) of this section to	1951
request a criminal records check shall inform each person, at the	1952
time of the person's initial application for employment, of the	1953
requirement to provide a set of fingerprint impressions and that a	1954
criminal records check is required to be conducted and	1955
satisfactorily completed in accordance with section 109.572 of the	1956
Revised Code if the person comes under final consideration for	1957
appointment or employment as a precondition to employment for the	1958
school district, educational service center, or school for that	1959
position.	1960

(G) As used in this section:

1961

(1) "Applicant" means a person who is under final	1962
consideration for appointment or employment in a position with a	1963
board of education, governing board of an educational service	1964
center, or a chartered nonpublic school, except that "applicant"	1965
does not include a person already employed by a board or	1966
chartered nonpublic school who is under consideration for a	1967
different position with such board or school.	1968

(2) "Teacher" means a person holding an educator license or	1969
permit issued under section 3319.22 or 3319.301 of the Revised	1970
Code and teachers in a chartered nonpublic school.	1971

(3) "Criminal records check" has the same meaning as in	1972
section 109.572 of the Revised Code.	1973

(4) "Minor drug possession offense" has the same meaning as	1974
in section 2925.01 of the Revised Code.	1975

(H) If the board of education of a local school district	1976
adopts a resolution requesting the assistance of the educational	1977
service center in which the local district has territory in	1978
conducting criminal records checks of substitute teachers and	1979
substitutes for other district employees under this section, the	1980
appointing or hiring officer of such educational service center	1981
shall serve for purposes of this section as the appointing or	1982
hiring officer of the local board in the case of hiring	1983
substitute teachers and other substitute employees for employment	1984
in the local district.	1985

Sec. 3319.391. (A)(1) This divisionsection applies to any	1986
person hired by a school district, educational service center,	1987
or chartered nonpublic school in any position that does not	1988
require a "license" issued by the state board of education, as	1989
defined in section 3319.31 of the Revised Code, and is not for	1990
the operation of a vehicle for pupil transportation.	1991

(A) For each person to whom this divisionsection applies who	1992
is hired on or after the effective date of this sectionNovember	1993
14, 2007, the employer shall request a criminal records check in	1994
accordance with section 3319.39 of the Revised Code and shall	1995
request a subsequent criminal records check by the fifth day of	1996
September every five yearsfifth year thereafter. For each	1997
person to whom this division applies who is hired prior to that	1998
dateNovember 14, 2007, the employer shall request a criminal	1999
records check by a date prescribed by the department of	2000
education and shall request a subsequent criminal records check	2001
by the fifth day of September every five yearsfifth year	2002
thereafter.	2003

(2) This division applies to any person hired to work in a	2004
school district, educational service center, or chartered	2005
nonpublic school, in any position that does not require a	2006
"license" issued by the state board of education, as defined in	2007
section 3319.31 of the Revised Code, and is not for the operation	2008
of a vehicle for pupil transportation, and who is employed by a	2009
private company under contract with the district, service center,	2010
or chartered nonpublic school to provide services.	2011

For each person to whom this division applies who is hired on	2012
or after the effective date of this section , the employer shall	2013
request a criminal records check prior to the person's hiring and	2014
every five years thereafter. For each person to whom this	2015
division applies who is hired prior to that date, the employer	2016
shall request a criminal records check by a date prescribed by	2017
the department and every five years thereafter.	2018

(B) Each request for a criminal records check under this	2019
section shall be made to the superintendent of the bureau of	2020
criminal identification and investigation in the manner prescribed	2021
in section 3319.39 of the Revised Code. Upon receipt of a request,	2022
the bureau shall conduct the criminal records check in accordance	2023
with section 109.572 of the Revised Code as if the request had	2024
been made under section 3319.39 of the Revised Code.	2025

(C) Any person who is the subject of a criminal records check	2026
under this section and has been convicted of or pleaded guilty to	2027
any offense described in division (B)(1) of section 3319.39 of the	2028
Revised Code shall not be hired or shall be released from	2029
employment, as applicable, unless the person meets the	2030
rehabilitation standards adopted by the department under division	2031
(E) of that section.	2032

Sec. 3319.392. (A) As used in this section:

2033

(1) "Designated official" means the superintendent, or the	2034
superintendent's designee, in the case of a school district or	2035
educational service center and the chief administrator, or the	2036
chief administrator's designee, in the case of a chartered	2037
nonpublic school.	2038

(2) "Essential school services" means services provided by a	2039
private company under contract with a school district, educational	2040
service center, or chartered nonpublic school that the district or	2041
service center superintendent or the chief administrator of the	2042
chartered nonpublic school has determined are necessary for the	2043
operation of the district, service center, or chartered nonpublic	2044
school and that would need to be provided by employees of the	2045
district, service center, or chartered nonpublic school if the	2046
services were not provided by the private company.	2047

(3) "License" has the same meaning as in section 3319.31 of	2048
the Revised Code.	2049

(B) This section applies to any person who is an employee of	2050
a private company under contract with a school district,	2051
educational service center, or chartered nonpublic school to	2052
provide essential school services and who will work in the	2053
district, service center, or chartered nonpublic school in a	2054
position that does not require a license issued by the state board	2055
of education, is not for the operation of a vehicle for pupil	2056
transportation, and that involves routine interaction with a child	2057
or regular responsibility for the care, custody, or control of a	2058
child.	2059

(C) No school district, educational service center, or	2060
chartered nonpublic school shall permit a person to whom this	2061
section applies to work in the district, service center, or	2062
chartered nonpublic school, unless one of the following applies to	2063
the person:	2064

(1) The person's employer presents proof of both of the	2065
following to the designated official:	2066

(a) That the person has been the subject of a criminal	2067
records check conducted in accordance with division (D) of this	2068
section within the five-year period immediately prior to the date	2069
on which the person will begin working in the district, service	2070
center, or chartered nonpublic school;	2071

(b) That the criminal records check indicates that the person	2072
has not been convicted of or pleaded guilty to any offense	2073
described in division (B)(1) of section 3319.39 of the Revised	2074
Code.	2075

(2) During any period of time in which the person will have	2076
routine interaction with a child or regular responsibility for the	2077
care, custody, or control of a child, the designated official has	2078
arranged for an employee of the district, service center, or	2079
chartered nonpublic school to be present in the same room with the	2080
child or, if outdoors, to be within a thirty-yard radius of the	2081
child or to have visual contact with the child.	2082

(D) Any private company that has been hired or seeks to be	2083
hired by a school district, educational service center, or	2084
chartered nonpublic school to provide essential school services	2085
may request the bureau of criminal identification and	2086
investigation to conduct a criminal records check of any of its	2087
employees for the purpose of complying with division (C)(1) of	2088
this section. Each request for a criminal records check under this	2089
division shall be made to the superintendent of the bureau in the	2090
manner prescribed in section 3319.39 of the Revised Code. Upon	2091
receipt of a request, the bureau shall conduct the criminal	2092
records check in accordance with section 109.572 of the Revised	2093
Code as if the request had been made under section 3319.39 of the	2094
Revised Code.	2095

Notwithstanding division (H) of section 109.57 of the Revised	2096
Code, the private company may share the results of any criminal	2097
records check conducted under this division with the designated	2098
official for the purpose of complying with division (C)(1) of this	2099
section, but in no case shall the designated official release that	2100
information to any other person.	2101

Sec. 3319.40. (A) As used in this section, "license" has the	2102
same meaning as in section 3319.31 of the Revised Code.	2103

(B) If a person who is employed by a school district or	2104
chartered nonpublic school is arrested, summoned, or indicted for	2105
an alleged violation of an offense listed in division (C) of	2106
section 3319.31 of the Revised Code, if the person holds a	2107
license, or an offense listed in division (B)(1) of section	2108
3319.39 of the Revised Code, if the person does not hold a	2109
license, the superintendent of the district or the chief	2110
administrative officer of the chartered nonpublic school shall	2111
suspend that person from all duties that require the care,	2112
custody, or control of a child during the pendency of the	2113
criminal action against the person. If the person who is	2114
arrested, summoned, or indicted for an alleged violation of an	2115
offense listed in division (C) of section 3319.31 or division	2116
(B)(1) of section 3319.39 of the Revised Code is a person whose	2117
duties are assigned by the district treasurer under division (B)	2118
of section 3313.31 of the Revised Code, the treasurer shall	2119
suspend the person from all duties that require the care, custody,	2120
or control of a child. If the person who is arrested, summoned,	2121
or indicted for an alleged violation of an offense listed in	2122
division (C) of section 3319.31 or division (B)(1) of section	2123
3319.39 of the Revised Code is the superintendent or treasurer of	2124
the district, the district board shall suspend the superintendent	2125
or treasurer from all duties that require the care, custody, or	2126
control of a child. If the person who is arrested, summoned, or	2127
indicted for an alleged violation of an offense listed in	2128
division (C) of section 3319.31 or division (B)(1) of section	2129
3319.39 of the Revised Code is the chief administrative officer of	2130
the chartered nonpublic school, the governing authority of the	2131
chartered nonpublic school shall suspend the chief administrative	2132
officer from all duties that require the care, custody, or control	2133
of a child.	2134

(C) When a person who holds a license is suspended in	2135
accordance with this section, the superintendent, treasurer, board	2136
of education, chief administrative officer, or governing authority	2137
that imposed the suspension promptly shall report the person's	2138
suspension to the department of education. The report shall	2139
include the offense for which the person was arrested, summoned,	2140
or indicted.	2141

Sec. 3319.52.  (A) As used in this section:

2142

(1) "Intervention in lieu of conviction" means intervention	2143
in lieu of conviction under section 2951.041 of the Revised Code.	2144

(2) "License" has the same meaning as in section 3319.31 of	2145
the Revised Code.	2146

(2)(3) "Pre-trial diversion program" means a pre-trial	2147
diversion program under section 2935.36 of the Revised Code or a	2148
similar diversion program under rules of a court.	2149

(4) "Prosecutor" has the same meaning as in section 2935.01	2150
of the Revised Code.	2151

(B) If there is any judicial finding of guilt or any	2152
conviction or a judicial finding of eligibility for intervention	2153
in lieu of conviction against a license holder, or if a license	2154
holder agrees to participate in a pre-trial diversion program, for	2155
any of the offenses listed in divisionsdivision (B)(2)(a) to (f)	2156
or (C) of section 3319.31 of the Revised Code, the prosecutor in	2157
the case, on forms that the state board of education shall	2158
prescribe and furnish, promptly shall notify the board and, if	2159
known, any school district or chartered nonpublic school	2160
employing the license holder of the license holder's name and	2161
residence address, and the fact that the license holder pleaded	2162
guilty to or, was convicted of, has been found eligible for	2163
intervention in lieu of conviction for, or has agreed to a	2164
diversion program for the offense.	2165

Sec. 3319.99. (A) Whoever violates division (A) of section	2166
3319.151 of the Revised Code is guilty of a minor misdemeanor.	2167

(B) Whoever violates division (H)(1) of section 3319.311 of	2168
the Revised Code is guilty of a misdemeanor of the first degree.	2169

(C) Whoever violates division (F) of section 3319.313 of the	2170
Revised Code shall be punished as follows:	2171

(1) Except as otherwise provided in division (C)(2) of this	2172
section, the person is guilty of a misdemeanor of the fourth	2173
degree.	2174

(2) The person is guilty of a misdemeanor of the first degree	2175
if both of the following conditions apply:	2176

(a) The employee who is the subject of the report that the	2177
person fails to submit was required to be reported for the	2178
commission or alleged commission of an act or offense involving	2179
the infliction on a child of any physical or mental wound, injury,	2180
disability, or condition of a nature that constitutes abuse or	2181
neglect of the child;	2182

(b) During the period between the violation of division (F)	2183
of section 3319.313 of the Revised Code and the conviction of or	2184
plea of guilty by the person for that violation, the employee who	2185
is the subject of the report that the person fails to submit	2186
inflicts on any child attending a school district, educational	2187
service center, public or nonpublic school, or county board of	2188
mental retardation and developmental disabilities where the	2189
employee works any physical or mental wound, injury, disability,	2190
or condition of a nature that constitutes abuse or neglect of the	2191
child.	2192

(D) Whoever violates division (B) or (D) of section 3319.317	2193
of the Revised Code is guilty of a misdemeanor of the first	2194
degree.	2195

Sec. 3326.081. (A) As used in this section, "license" has the	2196
same meaning as in section 3319.31 of the Revised Code.	2197

(B) If a person who is employed by a science, technology,	2198
engineering, and mathematics school established under this	2199
chapter is arrested, summoned, or indicted for an alleged	2200
violation of an offense listed in division (C) of section 3319.31	2201
of the Revised Code, if the person holds a license, or an offense	2202
listed in division (B)(1) of section 3319.39 of the Revised Code,	2203
if the person does not hold a license, the chief administrative	2204
officer of the school shall suspend that person from all duties	2205
that require the care, custody, or control of a child during the	2206
pendency of the criminal action against the person. If the person	2207
who is arrested, summoned, or indicted for an alleged violation	2208
of an offense listed in division (C) of section 3319.31 or	2209
division (B)(1) of section 3319.39 of the Revised Code is the	2210
chief administrative officer of the school, the governing body of	2211
the school shall suspend the chief administrative officer from	2212
all duties that require the care, custody, or control of a child.	2213

(C) When a person who holds a license is suspended in	2214
accordance with this section, the chief administrative officer or	2215
governing body that imposed the suspension promptly shall report	2216
the person's suspension to the department of education. The report	2217
shall include the offense for which the person was arrested,	2218
summoned, or indicted.	2219

Sec. 3326.11. Each science, technology, engineering, and	2220
mathematics school established under this chapter and its	2221
governing body shall comply with sections 9.90, 9.91, 109.65,	2222
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	2223
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	2224
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	2225
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	2226
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	2227
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	2228
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	2229
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.313,	2230
3319.314, 3319.315, 3319.32, 3319.321, 3319.35, 3319.39,	2231
3319.391, 3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	2232
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	2233
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	2234
4112., 4123., 4141., and 4167. of the Revised Code as if it were	2235
a school district.	2236

Sec. 3326.23.  The governing body of each science,	2237
technology, engineering, and mathematics school annually shall	2238
provide the following assurances in writing to the department of	2239
education not later than ten business days prior to the opening	2240
of the school:	2241

(A) That the school has a plan for providing special	2242
education and related services to students with disabilities and	2243
has demonstrated the capacity to provide those services in	2244
accordance with Chapter 3323. of the Revised Code and federal	2245
law;	2246

(B) That the school has a plan and procedures for	2247
administering the achievement tests and diagnostic assessments	2248
prescribed by sections 3301.0710 and 3301.0715 of the Revised	2249
Code;	2250

(C) That school personnel have the necessary training,	2251
knowledge, and resources to properly use and submit information to	2252
all databases maintained by the department for the collection of	2253
education data, including the education management information	2254
system established under section 3301.0714 of the Revised Code;	2255

(D) That all required information about the school has been	2256
submitted to the Ohio education directory system or any successor	2257
system;	2258

(E) That all classroom teachers are licensed in accordance	2259
with sections 3319.22 to 3319.31 of the Revised Code or are	2260
engaged to teach pursuant to section 3319.301 of the Revised Code;	2261

(F) That the school's treasurer is in compliance with	2262
section 3326.21 of the Revised Code;	2263

(G) That the school has complied with sectionsections	2264
3319.39 and 3319.391 of the Revised Code with respect to all	2265
employees and that the school has conducted a criminal records	2266
check of each of its governing body members;	2267

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

2268

(1) Proof of property ownership or a lease for the facilities	2269
used by the school;	2270

(2) A certificate of occupancy;

2271

(3) Liability insurance for the school, as required by	2272
section 3326.11 of the Revised Code;	2273

(4) A satisfactory health and safety inspection;

2274

(5) A satisfactory fire inspection;

2275

(6) A valid food permit, if applicable.

2276

(I) That the governing body has conducted a pre-opening site	2277
visit to the school for the school year for which the assurances	2278
are provided;	2279

(J) That the school has designated a date it will open for	2280
the school year for which the assurances are provided;	2281

(K) That the school has met all of the governing body's	2282
requirements for opening and any other requirements of the	2283
governing body.	2284

Sec. 3326.24.  (A) As used in this section:

2285

(1) "Conduct unbecoming to the teaching profession" shall be	2286
as described in rules adopted by the state board of education.	2287

(2) "Intervention in lieu of conviction" means intervention	2288
in lieu of conviction under section 2951.041 of the Revised Code.	2289

(3) "License" has the same meaning as in section 3319.31 of	2290
the Revised Code.	2291

(4) "Pre-trial diversion program" means a pre-trial diversion	2292
program under section 2935.36 of the Revised Code or a similar	2293
diversion program under rules of a court.	2294

(B) The chief administrative officer of each science,	2295
technology, engineering, and mathematics school, or the president	2296
or chairperson of the governing body of the school, if division	2297
(C) of this section applies, shall promptly submit to the	2298
superintendent of public instruction the information prescribed	2299
in division (D) of this section when any of the following	2300
conditions applies to an employee of the school who holds a	2301
license issued by the state board of education:	2302

(1) The chief administrative officer, president, or	2303
chairperson knows that the employee has pleaded guilty to, has	2304
been found guilty by a jury or court of, has been convicted of,	2305
has been found to be eligible for intervention in lieu of	2306
conviction for, or has agreed to participate in a pre-trial	2307
diversion program for an offense described in division (B)(2) or	2308
(C) of section 3319.31 or division (B)(1) of section 3319.39 of	2309
the Revised Code.	2310

(2) The governing body of the school has initiated	2311
termination or nonrenewal proceedings against, has terminated, or	2312
has not renewed the contract of the employee because the governing	2313
body has reasonably determined that the employee has committed an	2314
act that is unbecoming to the teaching profession or an offense	2315
described in division (B)(2) or (C) of section 3319.31 or division	2316
(B)(1) of section 3319.39 of the Revised Code.	2317

(3) The employee has resigned under threat of termination or	2318
nonrenewal as described in division (B)(2) of this section.	2319

(4) The employee has resigned because of or in the course of	2320
an investigation by the governing body regarding whether the	2321
employee has committed an act that is unbecoming to the teaching	2322
profession or an offense described in division (B)(2) or (C) of	2323
section 3319.31 or division (B)(1) of section 3319.39 of the	2324
Revised Code.	2325

(C) If the employee to whom any of the conditions prescribed	2326
in divisions (B)(1) to (4) of this section applies is the chief	2327
administrative officer of a science, technology, engineering, or	2328
mathematics school, the president or chairperson of the governing	2329
body of the school shall make the report required under this	2330
section.	2331

(D) If a report is required under this section, the chief	2332
administrative officer, president, or chairperson shall submit to	2333
the superintendent of public instruction the name and social	2334
security number of the employee about whom the information is	2335
required and a factual statement regarding any of the conditions	2336
prescribed in divisions (B)(1) to (4) of this section that	2337
applies to the employee.	2338

(E) A determination made by the governing body as described	2339
in division (B)(2) of this section or a termination, nonrenewal,	2340
resignation, or other separation described in divisions (B)(2) to	2341
(4) of this section does not create a presumption of the	2342
commission or lack of the commission by the employee of an act	2343
unbecoming to the teaching profession or an offense described in	2344
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	2345
section 3319.39 of the Revised Code.	2346

(F) No individual required to submit a report under division	2347
(B) of this section shall knowingly fail to comply with that	2348
division.	2349

(G) An individual who provides information to the	2350
superintendent of public instruction in accordance with this	2351
section in good faith shall be immune from any civil liability	2352
that otherwise might be incurred or imposed for injury, death, or	2353
loss to person or property as a result of the provision of that	2354
information.	2355

Sec. 3326.241.  The governing body of each science,	2356
technology, engineering, and mathematics school shall require	2357
that the reports of any investigation by the governing body of an	2358
employee regarding whether the employee has committed an act or	2359
offense for which the chief administrative officer of the school	2360
or the president or chairperson of the governing body is required	2361
to make a report to the superintendent of public instruction	2362
under section 3314.40 of the Revised Code be kept in the	2363
employee's personnel file. If, after an investigation under	2364
division (A) of section 3319.311 of the Revised Code, the	2365
superintendent of public instruction determines that the results	2366
of that investigation do not warrant initiating action under	2367
section 3319.31 of the Revised Code, the governing body shall	2368
require the reports of the investigation to be moved from the	2369
employee's personnel file to a separate public file.	2370

Sec. 3326.242.  Notwithstanding any provision to the contrary	2371
in Chapter 4117. of the Revised Code, the provisions of sections	2372
3326.24 and 3326.241 of the Revised Code prevail over any	2373
conflicting provisions of a collective bargaining agreement or	2374
contract for employment entered into after March 30, 2007.	2375

Sec. 3326.243.  (A) As used in this section, "license" has	2376
the same meaning as in section 3319.31 of the Revised Code.	2377

(B) No employee of a science, technology, engineering, and	2378
mathematics school shall do either of the following:	2379

(1) Knowingly make a false report to the chief administrative	2380
officer of the school, or the chief administrative officer's	2381
designee, alleging misconduct by another employee of the school;	2382

(2) Knowingly cause the chief administrative officer, or the	2383
chief administrative officer's designee, to make a false report of	2384
the alleged misconduct to the superintendent of public instruction	2385
or the state board of education.	2386

(C) Any employee of a STEM school who in good faith reports	2387
to the chief administrative officer of the school, or the chief	2388
administrative officer's designee, information about alleged	2389
misconduct committed by another employee of the school shall be	2390
immune from any civil liability that otherwise might be incurred	2391
or imposed for injury, death, or loss to person or property as a	2392
result of the reporting of that information.	2393

If the alleged misconduct involves a person who holds a	2394
license but the chief administrative officer is not required to	2395
submit a report to the superintendent of public instruction under	2396
section 3326.24 of the Revised Code and the chief administrative	2397
officer, or the chief administrative officer's designee, in good	2398
faith reports the alleged misconduct to the superintendent of	2399
public instruction or the state board, the chief administrative	2400
officer, or the chief administrative officer's designee, shall be	2401
immune from any civil liability that otherwise might be incurred	2402
or imposed for injury, death, or loss to person or property as a	2403
result of the reporting of that information.	2404

(D)(1) In any civil action brought against a person in which	2405
it is alleged and proved that the person violated division (B) of	2406
this section, the court shall award the prevailing party	2407
reasonable attorney's fees and costs that the prevailing party	2408
incurred in the civil action or as a result of the false report	2409
that was the basis of the violation.	2410

(2) If a person is convicted of or pleads guilty to a	2411
violation of division (B) of this section, if the subject of the	2412
false report that was the basis of the violation was charged with	2413
any violation of a law or ordinance as a result of the false	2414
report, and if the subject of the false report is found not to be	2415
guilty of the charges brought against the subject as a result of	2416
the false report or those charges are dismissed, the court that	2417
sentences the person for the violation of division (B) of this	2418
section, as part of the sentence, shall order the person to pay	2419
restitution to the subject of the false report, in an amount equal	2420
to reasonable attorney's fees and costs that the subject of the	2421
false report incurred as a result of or in relation to the	2422
charges.	2423

Sec. 3326.25. (A) As used in this section:

2424

(1) "Designated official" means the chief administrative	2425
officer of a science, technology, engineering, and mathematics	2426
school, or the chief administrative officer's designee.	2427

(2) "Essential school services" means services provided by a	2428
private company under contract with a STEM school that the chief	2429
administrative officer of the school has determined are necessary	2430
for the operation of the school and that would need to be provided	2431
by employees of the school if the services were not provided by	2432
the private company.	2433

(3) "License" has the same meaning as in section 3319.31 of	2434
the Revised Code.	2435

(B) This section applies to any person who is an employee of	2436
a private company under contract with a STEM school to provide	2437
essential school services and who will work in the school in a	2438
position that does not require a license issued by the state board	2439
of education, is not for the operation of a vehicle for pupil	2440
transportation, and that involves routine interaction with a child	2441
or regular responsibility for the care, custody, or control of a	2442
child.	2443

(C) No STEM school shall permit a person to whom this section	2444
applies to work in the school, unless one of the following applies	2445
to the person:	2446

(1) The person's employer presents proof of both of the	2447
following to the designated official:	2448

(a) That the person has been the subject of a criminal	2449
records check conducted in accordance with division (D) of this	2450
section within the five-year period immediately prior to the date	2451
on which the person will begin working in the school;	2452

(b) That the criminal records check indicates that the person	2453
has not been convicted of or pleaded guilty to any offense	2454
described in division (B)(1) of section 3319.39 of the Revised	2455
Code.	2456

(2) During any period of time in which the person will have	2457
routine interaction with a child or regular responsibility for the	2458
care, custody, or control of a child, the designated official has	2459
arranged for an employee of the school to be present in the same	2460
room with the child or, if outdoors, to be within a thirty-yard	2461
radius of the child or to have visual contact with the child.	2462

(D) Any private company that has been hired or seeks to be	2463
hired by a STEM school to provide essential school services may	2464
request the bureau of criminal identification and investigation to	2465
conduct a criminal records check of any of its employees for the	2466
purpose of complying with division (C)(1) of this section. Each	2467
request for a criminal records check under this division shall be	2468
made to the superintendent of the bureau in the manner prescribed	2469
in section 3319.39 of the Revised Code. Upon receipt of a request,	2470
the bureau shall conduct the criminal records check in accordance	2471
with section 109.572 of the Revised Code as if the request had	2472
been made under section 3319.39 of the Revised Code.	2473

Notwithstanding division (H) of section 109.57 of the Revised	2474
Code, the private company may share the results of any criminal	2475
records check conducted under this division with the designated	2476
official for the purpose of complying with division (C)(1) of this	2477
section, but in no case shall the designated official release that	2478
information to any other person.	2479

Sec. 3326.99. (A) Whoever violates division (F) of section	2480
3326.24 of the Revised Code shall be punished as follows:	2481

(1) Except as otherwise provided in division (A)(2) of this	2482
section, the person is guilty of a misdemeanor of the fourth	2483
degree.	2484

(2) The person is guilty of a misdemeanor of the first degree	2485
if both of the following conditions apply:	2486

(a) The employee who is the subject of the report that the	2487
person fails to submit was required to be reported for the	2488
commission or alleged commission of an act or offense involving	2489
the infliction on a child of any physical or mental wound,	2490
injury, disability, or condition of a nature that constitutes	2491
abuse or neglect of the child;	2492

(b) During the period between the violation of division (F)	2493
of section 3326.24 of the Revised Code and the conviction of or	2494
plea of guilty by the person for that violation, the employee who	2495
is the subject of the report that the person fails to submit	2496
inflicts on any child attending a school district, educational	2497
service center, public or nonpublic school, or county board of	2498
mental retardation and developmental disabilities where the	2499
employee works any physical or mental wound, injury, disability,	2500
or condition of a nature that constitutes abuse or neglect of the	2501
child.	2502

(B) Whoever violates division (B) of section 3326.243 of the	2503
Revised Code is guilty of a misdemeanor of the first degree.	2504

Sec. 3327.10.  (A) No person shall be employed as driver of a	2505
school bus or motor van, owned and operated by any school district	2506
or educational service center or privately owned and operated	2507
under contract with any school district or service center in this	2508
state, who has not received a certificate from the educational	2509
service center governing board in case such person is employed by	2510
a service center or by a local school district under the	2511
supervision of the service center governing board, or by the	2512
superintendent of schools, in case such person is employed by the	2513
board of a city or exempted village school district, certifying	2514
that such person is at least eighteen years of age and is of good	2515
moral character and is qualified physically and otherwise for such	2516
position. The service center governing board or the	2517
superintendent, as the case may be, shall provide for an annual	2518
physical examination that conforms with rules adopted by the state	2519
board of education of each driver to ascertain the driver's	2520
physical fitness for such employment. Any certificate may be	2521
revoked by the authority granting the same on proof that the	2522
holder has been guilty of failing to comply with division (D)(1)	2523
of this section, or upon a conviction or a guilty plea for a	2524
violation, or any other action, that results in a loss or	2525
suspension of driving rights. Failure to comply with such division	2526
may be cause for disciplinary action or termination of employment	2527
under division (C) of section 3319.081, or section 124.34 of the	2528
Revised Code.	2529

(B) No person shall be employed as driver of a school bus or	2530
motor van not subject to the rules of the department of education	2531
pursuant to division (A) of this section who has not received a	2532
certificate from the school administrator or contractor certifying	2533
that such person is at least eighteen years of age, is of good	2534
moral character, and is qualified physically and otherwise for	2535
such position. Each driver shall have an annual physical	2536
examination which conforms to the state highway patrol rules,	2537
ascertaining the driver's physical fitness for such employment.	2538
The examination shall be performed by one of the following:	2539

(1) A person licensed under Chapter 4731. of the Revised Code	2540
or by another state to practice medicine and surgery or	2541
osteopathic medicine and surgery;	2542

(2) A physician assistant;

2543

(3) A certified nurse practitioner;

2544

(4) A clinical nurse specialist;

2545

(5) A certified nurse-midwife.

2546

Any written documentation of the physical examination shall	2547
be completed by the individual who performed the examination.	2548

Any certificate may be revoked by the authority granting the	2549
same on proof that the holder has been guilty of failing to comply	2550
with division (D)(2) of this section.	2551

(C) Any person who drives a school bus or motor van must give	2552
satisfactory and sufficient bond except a driver who is an	2553
employee of a school district and who drives a bus or motor van	2554
owned by the school district.	2555

(D) No person employed as driver of a school bus or motor van	2556
under this section who is convicted of a traffic violation or who	2557
has had the person's commercial driver's license suspended shall	2558
drive a school bus or motor van until the person has filed a	2559
written notice of the conviction or suspension, as follows:	2560

(1) If the person is employed under division (A) of this	2561
section, the person shall file the notice with the superintendent,	2562
or a person designated by the superintendent, of the school	2563
district for which the person drives a school bus or motor van as	2564
an employee or drives a privately owned and operated school bus or	2565
motor van under contract.	2566

(2) If employed under division (B) of this section, the	2567
person shall file the notice with the employing school	2568
administrator or contractor, or a person designated by the	2569
administrator or contractor.	2570

(E) In addition to resulting in possible revocation of a	2571
certificate as authorized by divisions (A) and (B) of this	2572
section, violation of division (D) of this section is a minor	2573
misdemeanor.	2574

(F)(1) Not later than thirty days after June 30, 2007, each	2575
owner of a school bus or motor van shall obtain the complete	2576
driving record for each person who is currently employed or	2577
otherwise authorized to drive the school bus or motor van. An	2578
owner of a school bus or motor van shall not permit a person to	2579
operate the school bus or motor van for the first time before the	2580
owner has obtained the person's complete driving record.	2581
Thereafter, the owner of a school bus or motor van shall obtain	2582
the person's driving record not less frequently than semiannually	2583
if the person remains employed or otherwise authorized to drive	2584
the school bus or motor van. An owner of a school bus or motor	2585
van shall not permit a person to resume operating a school bus or	2586
motor van, after an interruption of one year or longer, before the	2587
owner has obtained the person's complete driving record.	2588

(2) The owner of a school bus or motor van shall not permit a	2589
person to operate the school bus or motor van for six years after	2590
the date on which the person pleads guilty to or is convicted of	2591
a violation of section 4511.19 of the Revised Code or a	2592
substantially equivalent municipal ordinance.	2593

(3) An owner of a school bus or motor van shall not permit	2594
any person to operate such a vehicle unless the person meets all	2595
other requirements contained in rules adopted by the state board	2596
of education prescribing qualifications of drivers of school	2597
buses and other student transportation.	2598

(G) No superintendent of a school district, educational	2599
service center, community school, or public or private employer	2600
shall permit the operation of a vehicle used for pupil	2601
transportation within this state by an individual unless both of	2602
the following apply:	2603

(1) Information pertaining to that driver has been submitted	2604
to the department of education, pursuant to procedures adopted by	2605
that department. Information to be reported shall include the name	2606
of the employer or school district, name of the driver, driver	2607
license number, date of birth, date of hire, status of physical	2608
evaluation, and status of training.	2609

(2) The most recent criminal records check required by	2610
division (J) of this section, including information from the	2611
federal bureau of investigation, has been completed and received	2612
by the superintendent or public or private employer.	2613

(H) A person, school district, educational service center,	2614
community school, nonpublic school, or other public or nonpublic	2615
entity that owns a school bus or motor van, or that contracts with	2616
another entity to operate a school bus or motor van, may impose	2617
more stringent restrictions on drivers than those prescribed in	2618
this section, in any other section of the Revised Code, and in	2619
rules adopted by the state board.	2620

(I) For qualified drivers who, on July 1, 2007, are employed	2621
by the owner of a school bus or motor van to drive the school	2622
bus or motor van, any instance in which the driver was convicted	2623
of or pleaded guilty to a violation of section 4511.19 of the	2624
Revised Code or a substantially equivalent municipal ordinance	2625
prior to two years prior to July 1, 2007, shall not be	2626
considered a disqualifying event with respect to division (F) of	2627
this section.	2628

(J)(1) This division applies to persons hired by a school	2629
district, educational service center, community school, chartered	2630
nonpublic school, or science, technology, engineering, and	2631
mathematics school established under Chapter 3326. of the Revised	2632
Code to operate a vehicle used for pupil transportation.	2633

For each person to whom this division applies who is hired on	2634
or after the effective date of this amendmentNovember 14, 2007,	2635
the employer shall request a criminal records check in accordance	2636
with section 3319.39 of the Revised Code and every six years	2637
thereafter. For each person to whom this division applies who is	2638
hired prior to that date, the employer shall request a criminal	2639
records check by a date prescribed by the department of education	2640
and every six years thereafter.	2641

(2) This division applies to persons hired by a public or	2642
private employer not described in division (J)(1) of this section	2643
to operate a vehicle used for pupil transportation.	2644

For each person to whom this division applies who is hired on	2645
or after the effective date of this amendmentNovember 14, 2007,	2646
the employer shall request a criminal records check prior to the	2647
person's hiring and every six years thereafter. For each person	2648
to whom this division applies who is hired prior to that date,	2649
the employer shall request a criminal records check by a date	2650
prescribed by the department and every six years thereafter.	2651

(3) Each request for a criminal records check under division	2652
(J) of this section shall be made to the superintendent of the	2653
bureau of criminal identification and investigation in the manner	2654
prescribed in section 3319.39 of the Revised Code. Upon receipt of	2655
a request, the bureau shall conduct the criminal records check in	2656
accordance with section 109.572 of the Revised Code as if the	2657
request had been made under section 3319.39 of the Revised Code.	2658

(K) Any person who is the subject of a criminal records check	2659
under division (J) of this section and has been convicted of or	2660
pleaded guilty to any offense described in division (B)(1)(C) of	2661
section 3319.393319.31 of the Revised Code shall not be hired or	2662
shall be released from employment, as applicable, unless the	2663
person meets the rehabilitation standards adopted by the	2664
department under division (E) of that section.	2665

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

2666

(1) "Conduct unbecoming to the teaching profession" shall be	2667
as described in rules adopted by the state board of education.	2668

(2) "Intervention in lieu of conviction" means intervention	2669
in lieu of conviction under section 2951.041 of the Revised Code.	2670

(3) "License" has the same meaning as in section 3319.31 of	2671
the Revised Code.	2672

(4) "Pre-trial diversion program" means a pre-trial diversion	2673
program under section 2935.36 of the Revised Code or a similar	2674
diversion program under rules of a court.	2675

(B) EachThe superintendent of each county board of mental	2676
retardation and developmental disabilities or the president of the	2677
board, if division (C) of this section applies, shall promptly	2678
submit to the superintendent of public instruction the	2679
information prescribed in division (C)(D) of this section when	2680
any of the following conditions applyapplies to an employee of	2681
the board who holds a license issued by the state board of	2682
education:	2683

(1) The boardsuperintendent or president knows that the	2684
employee has pleaded guilty to, has been found guilty by a jury	2685
or court of, or has been convicted of, has been found to be	2686
eligible for intervention in lieu of conviction for, or has agreed	2687
to participate in a pre-trial diversion program for an offense	2688
described in division (B)(2) or (C) of section 3319.31 or	2689
division (B)(1) of section 3319.39 of the Revised Code;.	2690

(2) The board has initiated termination or nonrenewal	2691
proceedings against, has terminated, or has not renewed the	2692
contract of the employee because the board has reasonably	2693
determined that the employee has committed an act unbecoming to	2694
the teaching profession or an offense described in division (B)(2)	2695
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	2696
the Revised Code;.	2697

(3) The employee has resigned under threat of termination or	2698
nonrenewal as described in division (B)(2) of this section;.	2699

(4) The employee has resigned because of or in the course of	2700
an investigation by the board regarding whether the employee has	2701
committed an act unbecoming to the teaching profession or an	2702
offense described in division (B)(2) or (C) of section 3319.31 or	2703
division (B)(1) of section 3319.39 of the Revised Code.	2704

(C) If the employee to whom any of the conditions prescribed	2705
in divisions (B)(1) to (4) of this section applies is the	2706
superintendent of a county board of mental retardation and	2707
developmental disabilities, the president of the board shall make	2708
the report required under this section.	2709

(D) If a report is required under this section, the board	2710
superintendent or president shall submit to the superintendent of	2711
public instruction the name and social security number of the	2712
employee about whom information is required and a factual	2713
statement regarding any of the conditions prescribed in divisions	2714
(B)(1) to (4) of this section that applyapplies to the employee.	2715

(D)(E) A determination made by the board as described in	2716
division (B)(2) of this section or a termination, nonrenewal,	2717
resignation, or other separation described in divisions (B)(2) to	2718
(4) of this section does not create a presumption of the	2719
commission or lack of the commission by the employee of an act	2720
unbecoming to the teaching profession or an offense described in	2721
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	2722
section 3319.39 of the Revised Code.	2723

(F) No individual required to submit a report under division	2724
(B) of this section shall knowingly fail to comply with that	2725
division.	2726

(G) An individual who provides information to the	2727
superintendent of public instruction in accordance with this	2728
section in good faith shall be immune from any civil liability	2729
that otherwise might be incurred or imposed for injury, death, or	2730
loss to person or property as a result of the provision of that	2731
information.	2732

Sec. 5126.254. EachThe superintendent of each county board	2733
of mental retardation and developmental disabilities shall require	2734
that the reports of any investigation by the board of an employee	2735
regarding whether the employee has committed an act or offense for	2736
which the boardsuperintendent is required to make a report to the	2737
superintendent of public instruction under section 5126.253 of the	2738
Revised Code be kept in the employee's personnel file. If, after	2739
an investigation under division (A) of section 3319.311 of the	2740
Revised Code, the superintendent of public instruction determines	2741
that the results of that investigation do not warrant initiating	2742
action under section 3319.31 of the Revised Code, the	2743
superintendent of the county board shall require the reports of	2744
the board's investigation to be moved from the employee's	2745
personnel file to a separate public file.	2746

Sec. 5126.99. (A) Whoever violates division (B) of section	2747
5126.044 of the Revised Code is guilty of a misdemeanor of the	2748
first degree.	2749

(B) Whoever violates division (F) of section 5126.253 of the	2750
Revised Code shall be punished as follows:	2751

(1) Except as otherwise provided in division (B)(2) of this	2752
section, the person is guilty of a misdemeanor of the fourth	2753
degree.	2754

(2) The person is guilty of a misdemeanor of the first degree	2755
if both of the following conditions apply:	2756

(a) The employee who is the subject of the report that the	2757
person fails to submit was required to be reported for the	2758
commission or alleged commission of an act or offense involving	2759
the infliction on a child of any physical or mental wound, injury,	2760
disability, or condition of a nature that constitutes abuse or	2761
neglect of the child;	2762

(b) During the period between the violation of division (F)	2763
of section 5126.253 of the Revised Code and the conviction of or	2764
plea of guilty by the person for that violation, the employee who	2765
is the subject of the report that the person fails to submit	2766
inflicts on any child attending a school district, educational	2767
service center, public or nonpublic school, or county board of	2768
mental retardation and developmental disabilities where the	2769
employee works any physical or mental wound, injury, disability,	2770
or condition of a nature that constitutes abuse or neglect of the	2771
child.	2772

Sec. 5153.176.  As used in this section, "license" has the	2773
same meaning as in section 3319.31 of the Revised Code.	2774

(A) Notwithstanding division (H)(1) of section 2151.421,	2775
section 5153.17, or any other section of the Revised Code	2776
pertaining to confidentiality, the director of a public children	2777
services agency shall promptly provide to the superintendent of	2778
public instruction information regarding the agency's	2779
investigation of a report of child abuse or neglect made pursuant	2780
to section 2151.421 of the Revised Code involving a person who	2781
holds a license issued by the state board of education where the	2782
agency has determined that child abuse or neglect occurred and	2783
that abuse or neglect is related to the person's duties and	2784
responsibilities under the license. The information provided by	2785
the agencydirector shall include the following:	2786

(1) A summary of the nature of the allegations contained in	2787
the report of which the person is the subject and the final	2788
disposition of the investigation conducted in response to that	2789
report or, if the investigation is not complete, the status of the	2790
investigation;	2791

(2) Upon written request of the superintendent of public	2792
instruction, the additional information described in division (C)	2793
of this section regarding the agency's investigation of the	2794
report, unless the prosecuting attorney of the county served by	2795
the agency determines that such information may not be released	2796
pursuant to division (B) of this section.	2797

(B) Upon receipt of a written request from the superintendent	2798
of public instruction for the additional information described in	2799
division (C) of this section, the director of the public children	2800
services agency shall determine if the prosecuting attorney of the	2801
county served by the public children services agency intends to	2802
prosecute the subject of the report based on the allegations	2803
contained in the report. If the prosecuting attorney intends to	2804
prosecute the subject of the report, the prosecuting attorney	2805
shall determine the information described in division (C) of this	2806
section that may be released, if any, and shall provide the	2807
director with written authorization to release the information so	2808
determined. The agencydirector shall provide the superintendent	2809
of public instruction with any information described in division	2810
(C) of this section that the prosecuting attorney determines may	2811
be released, but in no case shall the agencydirector provide any	2812
information that the prosecuting attorney determines shall not be	2813
released. If the prosecuting attorney does not intend to prosecute	2814
the subject of the report, the prosecuting attorney shall notify	2815
the director of that fact and the agencydirector shall provide	2816
all of the information described in division (C) of this section	2817
to the superintendent of public instruction.	2818

(C) In accordance with division (B) of this section, the	2819
public children services agencydirector shall provide information	2820
to the superintendent of public instruction regarding the public	2821
children services agency's investigation of the report described	2822
in division (A) of this section, including, but not limited to,	2823
the following:	2824

(1) The following information about the alleged child victim	2825
of the abuse or neglect:	2826

(a) Full name;

2827

(b) Date of birth;

2828

(c) Address and telephone number;

2829

(d) Grade level;

2830

(e) Name and contact information of the child's parent,	2831
guardian, or legal custodian;	2832

(f) Name and contact information of any medical facility that	2833
provided treatment to the child, if the child was injured in	2834
connection with the abuse or neglect and if that information is	2835
available;	2836

(g) A summary of interviews with the child or, if an entity	2837
other than the agency conducted the interviews, the contact	2838
information for that entity. The summary shall include an	2839
accounting of the facts and circumstances of the alleged abuse or	2840
neglect, including, but not limited to, the time and place that	2841
the abuse or neglect occurred.	2842

(h) Copies of any written correspondence between the child	2843
and the alleged perpetrator of the abuse or neglect that was used	2844
by the agency to determine that abuse or neglect occurred, the	2845
release of which is not otherwise prohibited by law.	2846

(2) The following information about the alleged perpetrator	2847
of the abuse or neglect:	2848

(a) Full name;

2849

(b) Date of birth;

2850

(c) Address and telephone number;

2851

(d) Name of school district and school building that employed	2852
the alleged perpetrator at the time the report was made;	2853

(e) Name and contact information of any medical facility that	2854
provided treatment to the alleged perpetrator, if the alleged	2855
perpetrator was injured in connection with the abuse or neglect	2856
and if that information is available;	2857

(f) A summary of interviews with the alleged perpetrator or,	2858
if an entity other than the agency conducted the interviews, the	2859
contact information for that entity. The summary shall include an	2860
accounting of the facts and circumstances of the alleged abuse or	2861
neglect, including, but not limited to, the time and place that	2862
the abuse or neglect occurred.	2863

(g) Copies of any written correspondence between the alleged	2864
child victim and the alleged perpetrator that was used by the	2865
agency to determine that abuse or neglect occurred, the release of	2866
which is not otherwise prohibited by law;	2867

(h) If the alleged perpetrator has been the subject of any	2868
previous reports made pursuant to section 2151.421 of the Revised	2869
Code where the agency determined that physical or sexual child	2870
abuse occurred, a summary of the chronology of those reports; the	2871
final disposition of the investigations conducted in response to	2872
those reports, or if an investigation is not complete, the status	2873
of that investigation; and any underlying documentation concerning	2874
those reports.	2875

(3) The following information about each person, other than	2876
the alleged child victim and the alleged perpetrator, whom the	2877
agency has determined to be important to the investigation, except	2878
that the information shall not be provided about the person who	2879
made the report unless that person grants written permission for	2880
the agencydirector to release the information:	2881

(a) Full name;

2882

(b) Address and telephone number;

2883

(c) If the person has been interviewed regarding the alleged	2884
abuse or neglect, a summary of those interviews or, if an entity	2885
other than the agency conducted the interviews, the contact	2886
information for such entity.	2887

(D) Upon provision of any information to the superintendent	2888
of public instruction under this section, the public children	2889
services agencydirector shall notify the superintendent of both	2890
of the following:	2891

(1) That the information is confidential;

2892

(2) That unauthorized dissemination of the information is a	2893
violation of division (H)(2) of section 2151.421 and section	2894
3319.311 of the Revised Code and any person who permits or	2895
encourages unauthorized dissemination of the information is guilty	2896
of a misdemeanor of the fourth degree pursuant to section 2151.99	2897
of the Revised Code.	2898

If the agencydirector determines that the superintendent of	2899
public instruction or any person involved in the conduct of an	2900
investigation under section 3319.311 of the Revised Code	2901
committed, caused, permitted, or encouraged the unauthorized	2902
dissemination of any information provided under this section, the	2903
agencydirector shall provide written notification of the	2904
unauthorized dissemination to the prosecuting attorney of the	2905
county or the village solicitor, city director of law, or similar	2906
chief legal officer of the municipal corporation in which the	2907
unauthorized dissemination occurred. A copy of the notification	2908
shall be retained in the investigative record maintained by the	2909
public children services agency.	2910

(E) The public children services agencydirector shall	2911
include documentation of the information provided to the	2912
superintendent of public instruction under this section in the	2913
investigative record maintained by the public children services	2914
agency. The documentation shall include the following:	2915

(1) A list of the information provided;

2916

(2) The date the information was provided;

2917

(3) If the superintendent of public instruction designates a	2918
person to receive the information on the superintendent's behalf,	2919
the name of that person;	2920

(4) The reason for providing the information;

2921

(5) If written authorization to provide the information is	2922
required from the prosecuting attorney under division (B) of this	2923
section, a copy of that authorization.	2924

(F) An employeeNo director of a public children services	2925
agency shall knowingly fail to comply with division (A) or (C) of	2926
this section.	2927

(G) A director of a public children services agency who	2928
provides information to the superintendent of public instruction	2929
in accordance with this section in good faith shall be immune from	2930
any civil or criminal liability that otherwise might be incurred	2931
or imposed for injury, death, or loss to person or property as a	2932
result of the provision of that information.	2933

(G)(H) Notwithstanding any provision to the contrary in	2934
Chapter 4117. of the Revised Code, the provisions of this section	2935
prevail over any conflicting provisions of a collective bargaining	2936
agreement or contract for employment entered into after the	2937
effective date of this sectionMarch 30, 2007.	2938

Sec. 5153.99. Whoever violates division (F) of section	2939
5153.176 of the Revised Code shall be punished as follows:	2940

(A) Except as otherwise provided in division (B) of this	2941
section, the person is guilty of a misdemeanor of the fourth	2942
degree.	2943

(B) The person is guilty of a misdemeanor of the first degree	2944
if, during the period between the violation and the conviction of	2945
or plea of guilty by the person for that violation, the license	2946
holder who is the subject of the investigation about which the	2947
person fails to provide information inflicts on any child	2948
attending a school district, educational service center, public or	2949
nonpublic school, or county board of mental retardation and	2950
developmental disabilities where the license holder works any	2951
physical or mental wound, injury, disability, or condition of a	2952
nature that constitutes abuse or neglect of the child.	2953

Section 2.  That existing sections 109.57, 2953.33, 3313.31,	2954
3314.03, 3314.19, 3319.01, 3319.20, 3319.291, 3319.302, 3319.304,	2955
3319.31, 3319.311, 3319.313, 3319.314, 3319.39, 3319.391,	2956
3319.52, 3319.99, 3326.11, 3326.23, 3327.10, 5126.253, 5126.254,	2957
5126.99, and 5153.176 of the Revised Code are hereby repealed.	2958